Public Act 096-0308
HB3859 Enrolled LRB096 01977 JDS 11987 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
reenacting and changing Section 28.5 (which was repealed on
December 31, 2007) as follows:
    (415 ILCS 5/28.5 new)
    Sec. 28.5. Clean Air Act rules; fast-track.
    (a) This Section applies through December 31, 2014 and
applies solely to the adoption of rules proposed by the Agency
and required to be adopted by the State under the Clean Air Act
as amended by the Clean Air Act Amendments of 1990 (CAAA).
    (b) For purposes of this Section, a "fast-track" rulemaking
proceeding is a proceeding to promulgate a rule that the CAAA
requires to be adopted. For the purposes of this Section,
"requires to be adopted" refers only to those regulations or
parts of regulations for which the United States Environmental
Protection Agency is empowered to impose sanctions against the
State for failure to adopt such rules. All fast-track rules
must be adopted under procedures set forth in this Section,
unless another provision of this Act specifies the method for
adopting a specific rule.
    (c) When the CAAA requires rules other than identical in
substance rules to be adopted, upon request by the Agency, the
Board must adopt rules under fast-track rulemaking
    (d) The Agency must submit its fast-track rulemaking
proposal in the following form:
        (1) The Agency must file the rule in a form that meets
    the requirements of the Illinois Administrative Procedure
    Act and regulations promulgated thereunder.
        (2) The cover sheet of the proposal shall prominently
    state that the rule is being proposed under this Section.
        (3) The proposal shall clearly identify the provisions
    and portions of the federal statute, regulations,
    guidance, policy statement, or other documents upon which
    the rule is based.
        (4) The supporting documentation for the rule shall
    summarize the basis of the rule.
        (5) The Agency must describe in general the alternative
    selected and the basis for the alternative.
        (6) The Agency must file a summary of economic and
    technical data upon which it relied in drafting the rule.
        (7) The Agency must provide a list of any documents
    upon which it directly relied in drafting the rule or upon
    which it intends to rely at the hearings and must provide
    such documents to the Board. Additionally, the Agency must
    make such documents available at an appropriate location
    for inspection and copying at the expense of the interested
        (8) The Agency must include in its submission a
    description of the geographical area to which the rule is
    intended to apply, a description of the process or
    processes affected, an identification by classes of the
    entities expected to be affected, and a list of sources
    expected to be affected by the rule to the extent known to
    the Agency.
    (e) Within 14 days of receipt of the proposal, the Board
must file the rule for first notice under the Illinois
Administrative Procedure Act and must schedule all required
hearings on the proposal and cause public notice to be given in
accordance with the Illinois Administrative Procedure Act and
the CAAA.
    (f) The Board must set 3 hearings on the proposal, each of
which shall be scheduled to continue from day to day, excluding
weekends and State and federal holidays, until completed. The
Board must require the written submission of all testimony at
least 10 days before a hearing, with simultaneous service to
all participants of record in the proceeding as of 15 days
prior to hearing, unless a waiver is granted by the Board for
good cause. In order to further expedite the hearings,
presubmitted testimony shall be accepted into the record
without the reading of the testimony at hearing, provided that
the witness swears to the testimony and is available for
questioning, and the Board must make every effort to conduct
the proceedings expeditiously and avoid duplication and
extraneous material.
        (1) The first hearing shall be held within 55 days of
    receipt of the rule and shall be confined to testimony by
    and questions of the Agency's witnesses concerning the
    scope, applicability, and basis of the rule. Within 7 days
    after the first hearing, any person may request that the
    second hearing be held.
            (A) If, after the first hearing, the Agency and
        affected entities are in agreement on the rule, the
        United States Environmental Protection Agency has not
        informed the Board of any unresolved objection to the
        rule, and no other interested party contests the rule
        or asks for the opportunity to present additional
        evidence, the Board may cancel the additional
        hearings. When the Board adopts the final order under
        these circumstances, it shall be based on the Agency's
        proposal as agreed to by the parties.
            (B) If, after the first hearing, the Agency and
        affected entities are in agreement upon a portion of
        the rule, the United States Environmental Protection
        Agency has not informed the Board of any unresolved
        objections to that agreed portion of the rule, and no
        other interested party contests that agreed portion of
        the rule or asks for the opportunity to present
        additional evidence, the Board must proceed to the
        second hearing, as provided in paragraph (2) of
        subsection (g) of this Section, but the hearing shall
        be limited in scope to the unresolved portion of the
        proposal. When the Board adopts the final order under
        these circumstances, it shall be based on such portion
        of the Agency's proposal as agreed to by the parties.
        (2) The second hearing shall be scheduled to commence
    within 30 days of the first day of the first hearing and
    shall be devoted to presentation of testimony, documents,
    and comments by affected entities and all other interested
        (3) The third hearing shall be scheduled to commence
    within 14 days after the first day of the second hearing
    and shall be devoted solely to any Agency response to the
    material submitted at the second hearing and to any
    response by other parties. The third hearing shall be
    cancelled if the Agency indicates to the Board that it does
    not intend to introduce any additional material.
    (g) In any fast-track rulemaking proceeding, the Board must
accept evidence and comments on the economic impact of any
provision of the rule and must consider the economic impact of
the rule based on the record. The Board may order an economic
impact study in a manner that will not prevent adoption of the
rule within the time required by subsection (n) of this
    (h) In all fast-track rulemakings under this Section, the
Board must take into account factors set forth in subsection
(a) of Section 27 of this Act.
    (i) The Board must adopt rules in the fast-track rulemaking
docket under the requirements of this Section that the CAAA
requires to be adopted, and may consider a non-required rule in
a second docket that shall proceed under Title VII of this Act.
    (j) The Board is directed to take whatever measures are
available to it to complete fast-track rulemaking as
expeditiously as possible consistent with the need for careful
consideration. These measures shall include, but not be limited
to, having hearings transcribed on an expedited basis.
    (k) Following the hearings, the Board must close the record
14 days after the availability of the transcript.
    (l) The Board must not revise or otherwise change an Agency
fast-track rulemaking proposal without agreement of the Agency
until after the end of the hearing and comment period. Any
revisions to an Agency proposal shall be based on the record of
the proceeding.
    (m) All rules adopted by the Board under this Section shall
be based solely on the record before it.
    (n) The Board must complete a fast-track rulemaking by
adopting a second notice order no later than 130 days after
receipt of the proposal if no third hearing is held and no
later than 150 days if the third hearing is held. If the order
includes a rule, the Illinois Board must file the rule for
second notice under the Illinois Administrative Procedure Act
within 5 days after adoption of the order.
    (o) Upon receipt of a statement of no objection to the rule
from the Joint Committee on Administrative Rules, the Board
must adopt the final order and submit the rule to the Secretary
of State for publication and certification within 21 days.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2009