HB4172ham003 95TH GENERAL ASSEMBLY

Rep. William B. Black

Filed: 4/30/2008

09500HB4172ham003 LRB095 14143 RCE 49974 a

AMENDMENT TO HOUSE BILL 4172

AMENDMENT NO. ______. Amend House Bill 4172, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows:

by replacing line 12 on page 7 through line 19 on page 8 with the following: "determinations in accordance with this subsection (b).

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor shall make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this paragraph, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

No later than January 1, 2009, the Governor, in coordination with the Agency and the Board, must propose rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and request that the General Assembly authorize such rulemaking by law, enact those proposed rules into law, or take any other appropriate action in the General Assembly's discretion. The proposed rules must concern the use of CCB under item (8) of subsection (a). The proposed rules must include specific guidelines for the use of CCB as structural fill and a site-approval process. The proposed rules must specify that agency approval is not required for a structural fill project if that project uses less than 10,000 tons of CCB material or if the fill material meets the ASTM D3987-85 standards for Class 1 Groundwater. The proposed rules for a site-approval process must include, along with other permits that may be required, (i) specific timeframes for Agency approval and (ii) informal consultation with the Department of Natural Resources on whether the structural fill project will harm any endangered species.".