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90_HB0470sam002
LRB9002199DPcwam03
1 AMENDMENT TO HOUSE BILL 470
2 AMENDMENT NO. . Amend House Bill 470, AS AMENDED, in
3 Section 5, Sec. 10, by replacing subdivision (1) of
4 subsection (C) with the following:
5 "(1) No later than December 1, 1998, The Board may
6 not adopt any regulation banning the burning of landscape
7 waste throughout the State generally. the Board shall
8 may, by rule, regulation, restrict or prohibit the open
9 burning of landscape waste within any geographical area
10 of the State (i) that is classified as a moderate,
11 serious, severe, or extreme non-attainment area for ozone
12 under Section 181 of the federal Clean Air Act or (ii)
13 that is within an affected county as defined by the
14 Vehicle Emissions Inspection Law of 1995. Units of local
15 government that have, prior to the effective date of
16 those rules, adopted ordinances or regulations relating
17 to the open burning of landscape waste are exempt from
18 the rules adopted by the Board so long as the local
19 ordinances or regulations remain in effect. A unit of
20 local government may at any time amend or modify those
21 ordinances or regulations and, for purposes of this
22 subdivision, the amendment or modification shall not
23 impact the effectiveness of the ordinances or
24 regulations."; and
-2- LRB9002199DPcwam03
1 by replacing subdivision (4) of subsection (C) with the
2 following:
3 "(4) A home rule unit may not regulate the open
4 burning of landscape waste in a manner inconsistent with
5 the regulation of open burning of landscape waste by the
6 State under this Section, unless the home rule unit has,
7 prior to the effective date of rules adopted by the Board
8 under subdivision (1), adopted ordinances or regulations
9 relating to the open burning of landscape waste and those
10 ordinances or regulations remain in effect. A home rule
11 unit may at any time amend or modify those ordinances or
12 regulations and, for purposes of this subdivision, the
13 amendment or modification shall not impact the
14 effectiveness of the ordinances or regulations. This
15 Section is a limitation under subsection (i) of Section 6
16 of Article VII of the Illinois Constitution on the
17 concurrent exercise by home rule units of powers and
18 functions exercised by the State.".