SB3414 EngrossedLRB097 17987 JDS 63210 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 27 as follows:
 
6    (415 ILCS 5/27)  (from Ch. 111 1/2, par. 1027)
7    Sec. 27. Rulemaking.
8    (a) The Board may adopt substantive regulations as
9described in this Act. Any such regulations may make different
10provisions as required by circumstances for different
11contaminant sources and for different geographical areas; may
12apply to sources outside this State causing, contributing to,
13or threatening environmental damage in Illinois; may make
14special provision for alert and abatement standards and
15procedures respecting occurrences or emergencies of pollution
16or on other short-term conditions constituting an acute danger
17to health or to the environment; and may include regulations
18specific to individual persons or sites. In promulgating
19regulations under this Act, the Board shall take into account
20the existing physical conditions, the character of the area
21involved, including the character of surrounding land uses,
22zoning classifications, the nature of the existing air quality,
23or receiving body of water, as the case may be, and the

 

 

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1technical feasibility and economic reasonableness of measuring
2or reducing the particular type of pollution. The generality of
3this grant of authority shall only be limited by the
4specifications of particular classes of regulations elsewhere
5in this Act.
6    No charge shall be established or assessed by the Board or
7Agency against any person for emission of air contaminants from
8any source, for discharge of water contaminants from any
9source, or for the sale, offer or use of any article.
10    Any person filing with the Board a written proposal for the
11adoption, amendment, or repeal of regulations shall provide
12information supporting the requested change and shall at the
13same time file a copy of such proposal with the Agency and the
14Department of Natural Resources. To aid the Board and to assist
15the public in determining which facilities will be affected,
16the person filing a proposal shall describe, to the extent
17reasonably practicable, the universe of affected sources and
18facilities and the economic impact of the proposed rule.
19    (b) Except as provided below and in Section 28.2, before
20the adoption of any proposed rules not relating to
21administrative procedures within the Agency or the Board, or
22amendment to existing rules not relating to administrative
23procedures within the Agency or the Board, the Board shall:
24        (1) request that the Department of Commerce and
25    Economic Opportunity conduct a study of the economic impact
26    of the proposed rules. The Department may within 30 to 45

 

 

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1    days of such request produce a study of the economic impact
2    of the proposed rules. At a minimum, the economic impact
3    study shall address (A) economic, environmental, and
4    public health benefits that may be achieved through
5    compliance with the proposed rules, (B) the effects of the
6    proposed rules on employment levels, commercial
7    productivity, the economic growth of small businesses with
8    100 or less employees, and the State's overall economy, and
9    (C) the cost per unit of pollution reduced and the
10    variability in cost based on the size of the facility and
11    the percentage of company revenues expected to be used to
12    implement the proposed rules; and
13        (2) conduct at least one public hearing on the economic
14    impact of those new rules. At least 20 days before the
15    hearing, the Board shall notify the public of the hearing
16    and make the economic impact study, or the Department of
17    Commerce and Economic Opportunity's explanation for not
18    producing an economic impact study, available to the
19    public. Such public hearing may be held simultaneously or
20    as a part of any Board hearing considering such new rules.
21    In adopting any such new rule, the Board shall, in its
22written opinion, make a determination, based upon the evidence
23in the public hearing record, including but not limited to the
24economic impact study, as to whether the proposed rule has any
25adverse economic impact on the people of the State of Illinois.
26    (c) On proclamation by the Governor, pursuant to Section 8

 

 

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1of the Illinois Emergency Services and Disaster Act of 1975,
2that a disaster emergency exists, or when the Board finds that
3a severe public health emergency exists, the Board may, in
4relation to any proposed regulation, order that such regulation
5shall take effect without delay and the Board shall proceed
6with the hearings and studies required by this Section while
7the regulation continues in effect.
8    When the Board finds that a situation exists which
9reasonably constitutes a threat to the public interest, safety,
10or welfare, the Board may adopt regulations pursuant to and in
11accordance with Section 5-45 of the Illinois Administrative
12Procedure Act. For purposes of this subsection (c), significant
13economic harm or hardship may constitute a threat to the public
14interest, safety, or welfare.
15    (d) To the extent consistent with any deadline for adoption
16of any regulations mandated by State or federal law, prior to
17initiating any hearing on a regulatory proposal, the Board may
18assign a qualified hearing officer who may schedule a
19prehearing conference between the proponents and any or all of
20the potentially affected persons. The notice requirements of
21Section 28 shall not apply to such prehearing conferences. The
22purposes of such conference shall be to maximize understanding
23of the intent and application of the proposal, to reach
24agreement on aspects of the proposal, if possible, and to
25attempt to identify and limit the issues of disagreement among
26the participants to promote efficient use of time at hearing.

 

 

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1No record need be kept of the prehearing conference, nor shall
2any participant or the Board be bound by any discussions
3conducted at the prehearing conference. However, with the
4consent of all participants in the prehearing conference, a
5prehearing order delineating issues to be heard, agreed facts,
6and other matters may be entered by the hearing officer. Such
7an order will not be binding on nonparticipants in the
8prehearing conference.
9(Source: P.A. 94-793, eff. 5-19-06.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.