96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2326

 

Introduced 2/18/2009, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 805/805-15   was 20 ILCS 805/63a37
20 ILCS 2705/2705-20 new
20 ILCS 2905/2   from Ch. 127 1/2, par. 2
415 ILCS 5/28.7 new

    Amends the Department of Natural Resources (Conservation) Law, the Department of Transportation Law, the State Fire Marshal Act, and the Environmental Protection Act. Requires that the rulemaking processes of the Department of Natural Resources, the Department of Transportation, the State Fire Marshal, the Pollution Control Board, and the Environmental Protection Agency include a process for expediting the issuance of permits and licenses for clean coal projects. Authorizes these State agencies to engage the experts and additional resources that are reasonably necessary for implementing this expedited process. Provides that the expedited process applies only upon the request of the applicant and that any additional costs for using that process shall be borne by the applicant. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Natural Resources
5 (Conservation) Law of the Civil Administrative Code of Illinois
6 is amended by changing Section 805-15 as follows:
 
7     (20 ILCS 805/805-15)  (was 20 ILCS 805/63a37)
8     Sec. 805-15. Rules and regulations.
9     (a) The Department has the power to adopt and enforce rules
10 and regulations necessary to the performance of its statutory
11 duties.
12     (b) These rules must include a process for expediting the
13 issuance of permits and licenses for clean coal projects. The
14 Department may engage the experts and additional resources that
15 are reasonably necessary for implementing this process. An
16 expedited process applies only upon the request of the
17 applicant, and any additional costs for using that process
18 shall be borne by the applicant.
19 (Source: P.A. 91-239, eff. 1-1-00.)
 
20     Section 15. The Department of Transportation Law of the
21 Civil Administrative Code of Illinois is amended by adding
22 Section 2705-20 as follows:
 

 

 

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1     (20 ILCS 2705/2705-20 new)
2     Sec. 2705-20. Administrative rules.
3     (a) The Department has the power to adopt and enforce rules
4 necessary to the performance of its statutory duties.
5     (b) These rules must include a process for expediting the
6 issuance of permits and licenses for clean coal projects. The
7 Department may engage the experts and additional resources that
8 are reasonably necessary for implementing this process. An
9 expedited process applies only upon the request of the
10 applicant, and any additional costs for using that process
11 shall be borne by the applicant.
 
12     Section 20. The State Fire Marshal Act is amended by
13 changing Section 2 as follows:
 
14     (20 ILCS 2905/2)  (from Ch. 127 1/2, par. 2)
15     Sec. 2. The Office shall have the following powers and
16 duties:
17         1. To exercise the rights, powers and duties which have
18     been vested by law in the Department of State Police as the
19     successor of the Department of Public Safety, State Fire
20     Marshal, inspectors, officers and employees of the State
21     Fire Marshal, including arson investigation. Arson
22     investigations conducted by the State Fire Marshal's
23     Office shall be conducted by State Fire Marshal Arson

 

 

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1     Investigator Special Agents, who shall be peace officers as
2     provided in the Peace Officer Fire Investigation Act.
3         2. To keep a record, as may be required by law, of all
4     fires occurring in the State, together with all facts,
5     statistics and circumstances, including the origin of
6     fires.
7         3. To exercise the rights, powers and duties which have
8     been vested in the Department of State Police by the
9     "Boiler and Pressure Vessel Safety Act", approved August 7,
10     1951, as amended.
11         4. To administer the Illinois Fire Protection Training
12     Act.
13         5. To aid in the establishment and maintenance of the
14     training facilities and programs of the Illinois Fire
15     Service Institute.
16         6. To disburse Federal grants for fire protection
17     purposes to units of local government.
18         7. To pay to or in behalf of the City of Chicago for
19     the maintenance, expenses, facilities and structures
20     directly incident to the Chicago Fire Department training
21     program. Such payments may be made either as reimbursements
22     for expenditures previously made by the City, or as
23     payments at the time the City has incurred an obligation
24     which is then due and payable for such expenditures.
25     Payments for the Chicago Fire Department training program
26     shall be made only for those expenditures which are not

 

 

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1     claimable by the City under "An Act relating to fire
2     protection training", certified November 9, 1971, as
3     amended.
4         8. To administer General Revenue Fund grants to areas
5     not located in a fire protection district or in a
6     municipality which provides fire protection services, to
7     defray the organizational expenses of forming a fire
8     protection district.
9         9. In cooperation with the Illinois Environmental
10     Protection Agency, to administer the Illinois Leaking
11     Underground Storage Tank program in accordance with
12     Section 4 of this Act and Section 22.12 of the
13     Environmental Protection Act.
14         10. To expend state and federal funds as appropriated
15     by the General Assembly.
16         11. To provide technical assistance, to areas not
17     located in a fire protection district or in a municipality
18     which provides fire protection service, to form a fire
19     protection district, to join an existing district, or to
20     establish a municipal fire department, whichever is
21     applicable.
22         12. To exercise such other powers and duties as may be
23     vested in the Office by law.
24         13. To adopt all administrative rules that may be
25     necessary for the effective administration, enforcement,
26     and regulation of all matters for which the Department has

 

 

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1     jurisdiction or responsibility. These rules must include a
2     process for expediting the issuance of permits and licenses
3     for clean coal projects. The Office may engage the experts
4     and additional resources that are reasonably necessary for
5     implementing this process. An expedited process applies
6     only upon the request of the applicant, and any additional
7     costs for using that process shall be borne by the
8     applicant.
9 (Source: P.A. 94-178, eff. 1-1-06; 95-502, eff. 8-28-07.)
 
10     Section 30. The Environmental Protection Act is amended by
11 adding Section 28.7 as follows:
 
12     (415 ILCS 5/28.7 new)
13     Sec. 28.7. Expedited process. The rules of the Agency and
14 Board must include a process for expediting the issuance of
15 permits and licenses for clean coal projects. The Agency and
16 Board may engage the experts and additional resources that are
17 reasonably necessary for implementing this process. An
18 expedited process applies only upon the request of the
19 applicant, and any additional costs for using that process
20 shall be borne by the applicant.
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.