Sen. William R. Haine

Filed: 3/23/2012

 

 


 

 


 
09700SB2867sam003LRB097 15146 JDS 67786 a

1
AMENDMENT TO SENATE BILL 2867

2    AMENDMENT NO. ______. Amend Senate Bill 2867 as follows:
 
3on page 1, line 5, by replacing "Section 1-70" with "Sections
41-5 and 1-70"; and
 
5on page 1, immediately below line 5, by inserting the
6following:
 
7    "(5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
8    Sec. 1-5. Applicability.
9    (a) This Act applies to every agency as defined in this
10Act. Beginning January 1, 1978, in case of conflict between the
11provisions of this Act and the Act creating or conferring power
12on an agency, this Act shall control. If, however, an agency
13(or its predecessor in the case of an agency that has been
14consolidated or reorganized) has existing procedures on July 1,
151977, specifically for contested cases or licensing, those

 

 

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1existing provisions control, except that this exception
2respecting contested cases and licensing does not apply if the
3Act creating or conferring power on the agency adopts by
4express reference the provisions of this Act. Where the Act
5creating or conferring power on an agency establishes
6administrative procedures not covered by this Act, those
7procedures shall remain in effect.
8    (b) The provisions of this Act do not apply to (i)
9preliminary hearings, investigations, or practices where no
10final determinations affecting State funding are made by the
11State Board of Education, (ii) legal opinions issued under
12Section 2-3.7 of the School Code, (iii) as to State colleges
13and universities, their disciplinary and grievance
14proceedings, academic irregularity and capricious grading
15proceedings, and admission standards and procedures, and (iv)
16the class specifications for positions and individual position
17descriptions prepared and maintained under the Personnel Code.
18Those class specifications shall, however, be made reasonably
19available to the public for inspection and copying. The
20provisions of this Act do not apply to hearings under Section
2120 of the Uniform Disposition of Unclaimed Property Act.
22    (c) Section 5-35 of this Act relating to procedures for
23rulemaking does not apply to the following:
24        (1) Rules adopted by the Pollution Control Board that,
25    in accordance with Section 7.2 of the Environmental
26    Protection Act, are identical in substance to federal

 

 

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1    regulations or amendments to those regulations
2    implementing the following: Sections 3001, 3002, 3003,
3    3004, 3005, and 9003 of the Solid Waste Disposal Act;
4    Section 105 of the Comprehensive Environmental Response,
5    Compensation, and Liability Act of 1980; Sections 307(b),
6    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
7    Water Pollution Control Act; and Sections 1412(b),
8    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
9    Water Act.
10        (2) Rules adopted by the Pollution Control Board that
11    establish or amend standards for the emission of
12    hydrocarbons and carbon monoxide from gasoline powered
13    motor vehicles subject to inspection under the Vehicle
14    Emissions Inspection Law of 2005 or its predecessor laws.
15        (3) Procedural rules adopted by the Pollution Control
16    Board governing requests for exceptions under Section 14.2
17    of the Environmental Protection Act.
18        (4) The Pollution Control Board's grant, pursuant to an
19    adjudicatory determination, of an adjusted standard for
20    persons who can justify an adjustment consistent with
21    subsection (a) of Section 27 of the Environmental
22    Protection Act.
23        (5) Rules adopted by the Pollution Control Board that
24    are identical in substance to the regulations adopted by
25    the Office of the State Fire Marshal under clause (ii) of
26    paragraph (b) of subsection (3) of Section 2 of the

 

 

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1    Gasoline Storage Act.
2        (6) Rules adopted by the Illinois Pollution Control
3    Board under Section 9.14 of the Environmental Protection
4    Act.
5    (d) Pay rates established under Section 8a of the Personnel
6Code shall be amended or repealed pursuant to the process set
7forth in Section 5-50 within 30 days after it becomes necessary
8to do so due to a conflict between the rates and the terms of a
9collective bargaining agreement covering the compensation of
10an employee subject to that Code.
11    (e) Section 10-45 of this Act shall not apply to any
12hearing, proceeding, or investigation conducted under Section
1313-515 of the Public Utilities Act.
14    (f) Article 10 of this Act does not apply to any hearing,
15proceeding, or investigation conducted by the State Council for
16the State of Illinois created under Section 3-3-11.05 of the
17Unified Code of Corrections or by the Interstate Commission for
18Adult Offender Supervision created under the Interstate
19Compact for Adult Offender Supervision or by the Interstate
20Commission for Juveniles created under the Interstate Compact
21for Juveniles.
22    (g) This Act is subject to the provisions of Article XXI of
23the Public Utilities Act. To the extent that any provision of
24this Act conflicts with the provisions of that Article XXI, the
25provisions of that Article XXI control.
26(Source: P.A. 97-95, eff. 7-12-11.)"; and
 

 

 

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1on page 75, line 22, immediately after "Sections", by inserting
2"9.14"; and
 
3on page 75, immediately below line 22, by inserting the
4following:
 
5    "(415 ILCS 5/9.14)
6    Sec. 9.14. Registration of smaller sources.
7    (a) After the effective date of rules implementing this
8Section, the owner or operator of an eligible source shall
9annually register with the Agency instead of complying with the
10requirement to obtain an air pollution construction or
11operating permit under this Act. The criteria for determining
12an eligible source shall include the following:
13        (1) the source must not be required to obtain a permit
14    pursuant to the Illinois Clean Air Act Permit Program or
15    Federally Enforceable State Operating Permit program, or
16    under regulations promulgated pursuant to Section 111 or
17    112 of the Clean Air Act;
18        (2) the USEPA has not otherwise determined that a
19    permit is required;
20        (3) the source emits less than an actual 5 tons per
21    year of combined particulate matter, carbon monoxide,
22    nitrogen oxides, sulfur dioxide, and volatile organic
23    material air pollutant emissions;

 

 

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1        (4) the source emits less than an actual 0.5 tons per
2    year of combined hazardous air pollutant emissions;
3        (5) the source emits less than an actual 0.05 tons per
4    year of lead air emissions;
5        (6) the source emits less than an actual 0.05 tons per
6    year of mercury air emissions; and
7        (7) the source does not have an emission unit subject
8    to a standard pursuant to 40 CFR Part 61 Maximum Achievable
9    Control Technology, or 40 CFR Part 63 National Emissions
10    Standards for Hazardous Air Pollutants other than those
11    regulations that the USEPA has categorized as "area
12    source".
13    (b) Complete registration of an eligible source, including
14payment of the required fee as specified in subsection (c) of
15this Section, shall provide the owner or operator of the
16eligible source with an exemption from the requirement to
17obtain an air pollution construction or operating permit under
18this Act. The registration of smaller sources program does not
19relieve an owner or operator from the obligation to comply with
20any other applicable rules or regulations.
21    (c) The owner or operator of an eligible source shall pay
22an annual registration fee of $235 to the Agency at the time of
23registration submittal and each year thereafter. Fees
24collected under this Section shall be deposited into the
25Environmental Protection Permit and Inspection Fund.
26    (d) The Agency shall propose rules to implement the

 

 

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1registration of smaller sources program. Within 120 days after
2the Agency proposes those rules, the Board shall adopt rules to
3implement the registration of smaller sources program. These
4rules may be subsequently amended from time to time pursuant to
5a proposal filed with the Board by any person, and any
6necessary amendments shall be adopted by the Board within 120
7days after proposal. Such amendments may provide for the
8alteration or revision of the initial criteria included in
9subsection (a) of this Section. Subsection (b) of Section 27 of
10this Act and the rulemaking provisions of the Illinois
11Administrative Procedure Act do not apply to rules adopted by
12the Board under this Section.
13(Source: P.A. 97-95, eff. 7-12-11.)".