HB2088 Engrossed

LRB095 01063 RCE 21065 b






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    AN ACT concerning State government.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 



 
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    Section 5. The Rivers, Lakes, and Streams Act is amended  by 
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adding Section 24a as follows:
 
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    (615 ILCS 5/24a  new)
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    Sec. 24a. Waukegan Harbor. 
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    (a) No agency of the State of Illinois, other than the 
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Illinois Environmental Protection Agency, shall enter into any 
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contract or incur any obligation or expend any moneys for the 
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purpose of dredging or cleanup of the approach channel, outer 
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harbor, entrance channel, inner harbor (or inner basin), or 
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inner harbor extension (or inner basin extension) of Waukegan 
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Harbor that would result in a decrease of the channel depths of -
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18 feet low water datum.  These portions of Waukegan Harbor 
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shall be maintained with a minimum channel depth of -18 feet, 
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and shall allow for greater depths if authorized by federal 
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law. The harbor shall be maintained as a commercially navigable 
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harbor that is accessible to commercial vessels and to those 
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seeking a harbor of refuge for safety purposes.
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    (b) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
 


 






HB2088 Engrossed
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LRB095 01063 RCE 21065 b




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make or promulgate rules to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
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the General Assembly by filing them with the Clerk of the House 
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and the Secretary of the Senate and by requesting that the 
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General Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this subsection, "rules" 
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is given the meaning contained in Section 1-70 of the Illinois 
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Administrative Procedure Act, and "agency" and "agency head" 
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are given the meanings contained in Sections 1-20 and 1-25 of 
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the Illinois Administrative Procedure Act to the extent that 
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such definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor.