HB5261 100TH GENERAL ASSEMBLY

LRB100 15780 AXK 30888 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5261

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

615 ILCS 5/14b new

Amends the Rivers, Lakes, and Streams Act. Requires the Director of the Environmental Protection Agency to seek negotiations with each state that borders Lake Michigan to establish a notification policy under which the states will notify one another when permitting new sources of water pollution or increased levels of pollution into Lake Michigan. Requires the Director to report to the General Assembly no later than January 1, 2019 on the status of these negotiations. Effective immediately.

A BILL FOR

AN ACT concerning waterways.

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

Section 5. The Rivers, Lakes, and Streams Act is amended by adding Section 14b as follows:

(615 ILCS 5/14b new)

Sec. 14b. Negotiations for interstate pollution notification policy.

(a) For purposes of this Section:

"Agency" has the meaning given to that term under Section 1-20 of the Illinois Administrative Procedure Act, but shall only include an agency under the jurisdiction of the Governor.

"Agency head" has the meaning given to that term under Section 1-25 of the Illinois Administrative Procedure Act, but shall only include an agency head under the jurisdiction of the Governor.

"Rule" has the meaning given to that term under Section 1-70 of the Illinois Administrative Procedure Act.

(b) The Director of the Environmental Protection Agency shall seek negotiations with each state that borders Lake Michigan to establish a notification policy under which the states will notify one another when permitting new sources of water pollution or increased levels of pollution into Lake Michigan.

(c) The Director must report to the General Assembly no later than January 1, 2019 on the status of these negotiations.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or adopt rules to implement or enforce the provisions of this amendatory Act of the 100th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 100th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 100th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute if authority is not otherwise explicitly given.

Section 99. Effective date. This Act takes effect upon becoming law.