94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0431


 
Introduced 2/16/2005, by Sen. James A. DeLeo
 
SYNOPSIS AS INTRODUCED:
 		













415 ILCS 5/28
  from Ch. 111 1/2, par. 1028







    Amends the Environmental Protection Act.  Makes a technical change in a Section
concerning proposal of regulations.
















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A BILL FOR









 











SB0431

LRB094 09305 RSP 39545 b






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    AN ACT concerning safety.

 
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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 Environmental Protection Act is amended by 
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changing Section 28 as follows:
 



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    (415 ILCS 5/28)  (from Ch. 111 1/2, par. 1028)



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    Sec. 28. Proposal of regulations; procedure. 

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    (a) Any person may present written proposals for the
the 
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adoption, amendment,
or repeal of the Board's regulations, and 
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the Board may make such proposals
on its own motion. If the 
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Board finds that any such proposal is supported by
an adequate 
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statement of reasons, is accompanied by a petition signed by at

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least 200 persons, is not plainly devoid of merit and does not 
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deal with a
subject on which a hearing has been held within the 
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preceding 6 months, the
Board shall schedule a public hearing 
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for consideration of the proposal. If
such proposal is made by 
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the Agency or by the Department, the Board shall
schedule a 
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public hearing without regard to the above conditions.
The 
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Board may hold one or more hearings to consider both the merits 
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and
the economics of the proposal. The Board may also in its 
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discretion schedule a
public hearing upon any proposal without 
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regard to the above conditions.
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    No substantive regulation shall be adopted, amended, or 
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repealed until
after a public hearing within the area of the 
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State concerned. In the case
of state-wide regulations hearings 
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shall be held in at least two areas. At
least 20 days prior to 
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the scheduled date of the hearing the Board shall
give notice 
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of such hearing by public advertisement in a newspaper of

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general circulation in the area of the state concerned of the 
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date, time,
place and purpose of such hearing; give written 
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notice to any person in the
area concerned who has in writing 
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requested notice of public hearings; and
make available to any 
 


 






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person upon request copies of the proposed regulations,

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together with summaries of the reasons supporting their 
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adoption.

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    Any public hearing relating to the adoption, amendment, or 
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repeal of
Board regulations under this subsection shall be held 
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before a qualified
hearing officer, who shall be attended by at 
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least one member of the Board,
designated by the Chairman. All 
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such hearings shall be open to the public,
and reasonable 
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opportunity to be heard with respect to the subject of the

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hearing shall be afforded to any person. All testimony taken 
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before the
Board shall be recorded stenographically. The 
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transcript so recorded, and
any written submissions to the 
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Board in relation to such hearings, shall be
open to public 
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inspection, and copies thereof shall be made available to
any 
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person upon payment of the actual cost of reproducing the 
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original.

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    After such hearing the Board may revise the proposed 
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regulations before
adoption in response to suggestions made at 
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the hearing, without conducting
a further hearing on the 
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revisions.

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    In addition, the Board may revise the proposed regulations 
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after
hearing in response to objections or suggestions made by 
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the Joint
Committee on Administrative Rules pursuant to 
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subsection (b) of Section
5-40 and subsection (a) of Section 
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5-110 of the Illinois Administrative
Procedure Act, where the 
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Board finds (1) that such objections or
suggestions relate to 
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the statutory authority upon which the regulation is
based, 
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whether the regulation is in proper form, or whether adequate 
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notice
was given, and (2) that the record before the Board is 
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sufficient to
support such a change without further hearing.

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    Any person heard or represented at a hearing or requesting 
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notice shall
be given written notice of the action of the Board 
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with respect to the
subject thereof.

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    No rule or regulation, or amendment or repeal thereof, 
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shall become
effective until a certified copy thereof has been 
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filed with the Secretary
of State, and thereafter as provided 
 


 






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in the Illinois Administrative Procedure
Act as amended.

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    Any person who files a petition for adoption of a 
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regulation specific to
that person shall pay a filing fee.

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    (b) The Board shall not, on its own motion, propose 
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regulations pursuant to
subsection (a) of this Section or 
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Sections 28.2, 28.4 or 28.5 of this Act
to implement the 
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provisions required by or related to the Clean Air Act

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Amendments of 1990, as now or hereafter amended.  However, 
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nothing herein shall
preclude the Board from, on its own 
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motion:


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        (1) making technical corrections to adopted rules 
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    pursuant to
Section 100.240 of Title 1 of the Illinois 
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    Administrative Code;


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        (2) modifying a proposed rule following receipt of 
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    comments,
objections, or suggestions without agreement of 
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    the proponent after the
end of the hearing and comment 
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    period;


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        (3) initiating procedural rulemaking in accordance 
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    with Section 26
of this Act; or


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        (4) initiating rulemaking necessitated by a court 
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    order directed to the
Board.

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(Source: P.A. 87-860; 87-1213; 88-45.)