Illinois General Assembly - Full Text of HB5256
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Full Text of HB5256  95th General Assembly



HB5256 Engrossed LRB095 16935 BDD 42980 b

1     AN ACT concerning waterways.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Rivers, Lakes, and Streams Act is amended by
5 adding Section 14b as follows:
6     (615 ILCS 5/14b new)
7     Sec. 14b. Negotiations for interstate pollution
8 notification policy.
9     (a) The Director of the Environmental Protection Agency
10 shall seek negotiations with each state that borders Lake
11 Michigan to establish a notification policy under which the
12 states will notify one another when permitting new sources of
13 water pollution or increased levels of pollution into Lake
14 Michigan.
15     (b) The Director must report to the General Assembly no
16 later than January 1, 2009 on the status of these negotiations.
17     (c) Notwithstanding any other rulemaking authority that
18 may exist, neither the Governor nor any agency or agency head
19 under the jurisdiction of the Governor has any authority to
20 make or promulgate rules to implement or enforce the provisions
21 of this amendatory Act of the 95th General Assembly. If,
22 however, the Governor believes that rules are necessary to
23 implement or enforce the provisions of this amendatory Act of



HB5256 Engrossed - 2 - LRB095 16935 BDD 42980 b

1 the 95th General Assembly, the Governor may suggest rules to
2 the General Assembly by filing them with the Clerk of the House
3 and the Secretary of the Senate and by requesting that the
4 General Assembly authorize such rulemaking by law, enact those
5 suggested rules into law, or take any other appropriate action
6 in the General Assembly's discretion. Nothing contained in this
7 amendatory Act of the 95th General Assembly shall be
8 interpreted to grant rulemaking authority under any other
9 Illinois statute where such authority is not otherwise
10 explicitly given. For the purposes of this subsection, "rules"
11 is given the meaning contained in Section 1-70 of the Illinois
12 Administrative Procedure Act, and "agency" and "agency head"
13 are given the meanings contained in Sections 1-20 and 1-25 of
14 the Illinois Administrative Procedure Act to the extent that
15 such definitions apply to agencies or agency heads under the
16 jurisdiction of the Governor.
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.