91st General Assembly
Summary of HB3009
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Short description: 
EPA-LEAF BURNING                                                           

Synopsis of Bill as introduced:
        Amends the Environmental Protection Act. Requires  the  Pollution      
   Control  Board to adopt rules by December 1, 2000 prohibiting the open      
   burning of landscape  waste  in  areas  of  the  State  classified  as      
   moderate,  serious,  severe, or extreme non-attainment areas for ozone      
   or areas designated as affected counties under the  Vehicle  Emissions      
   Inspection  Law  of  1995. Provides that if a unit of local government      
   has, prior to the effective date of  the  Board's  rules,  adopted  an      
   ordinance or regulation regarding the open burning of landscape waste,      
   the  local ordinance or regulation shall control so long as it remains      
   in effect.  Preempts certain home rule powers.  Effective immediately.      
          FISCAL NOTE (Pollution Control Board)                                
          HB3009 will result in a cost of $125,000 to the Pollution            
          Control Board.                                                       
          HOME RULE NOTE (Dept. of Commerce and Community Affairs)             
          HB 3009 pre-empts home rule authority.                               
          STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)        
          HB 3009 creates a due process mandate for which reimbursement        
          by the State is not required, and a service mandate for which        
          50% to 100% of the increased costs to units of local gov't. is       
          required under the State Mandates Act.                               
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          415 ILCS 5/31.1                 from Ch. 111 1/2, par. 1031.1        
        Further amends the Environmental  Protection  Act.   Deletes  the      
   requirement  that  the Board shall, by rule, prohibit the open burning      
   of landscape waste within any geographical area of the State  that  is      
   within  an  affected  county  as  defined  by  the  Vehicle  Emissions      
   Inspection  Law  of 1995.  Provides that the Board's rules take effect      
   on July  1,  2001.   Provides  that  a  violation  of  the  provisions      
   regarding  the  open  burning  of  landscape  waste  or  rules adopted      
   pursuant to those provisions shall be  enforceable  by  administrative      
   citation.   Provides  civil  penalties  to  be imposed pursuant to the      
   administrative citations.                                                   
          FISCAL NOTE (Ill. Pollution Control Board)                           
          The Board will incur rulemaking costs of $7,500 due to an es-        
          timated 5 hearings during the rulemaking process at an estima-       
          ted cost of $1500 per hearing. The Board could incur additional      
          costs in FY02 as a result of petitions for variances or adjust-      
          ed standards to burning bans or petitions for burning bans in        
          in other areas of the State. The cost to the Board for adju-         
          dicating administrative citations issued in enforcement is           
          anticipated to be minimal.                                           
          STATE MANDATES NOTE, H-AM 1                                          
          (Dept. of Commerce and Community Affairs)                            
          Same as previous State Mandates note.                                
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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