Bill Text: IL HB1461 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB1461 Detail]

Download: Illinois-2017-HB1461-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB1461 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
415 ILCS 5/5 from Ch. 111 1/2, par. 1005
Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.
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A BILL FOR
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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
changing Section 5 as follows:
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the the Pollution Control Board.
Until July 1, 2003 or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor, whichever
occurs later, the Board shall consist of 7 technically
qualified members, no more than 4 of whom may be of the same
political party, to be appointed by the Governor with the
advice and consent of the Senate.
The term of each appointed member of the Board who is in
office on June 30, 2003 shall terminate at the close of
business on that date or when all of the new members to be
initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor, whichever
occurs later.
Beginning on July 1, 2003 or when all of the new members to

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be initially appointed under this amendatory Act of the 93rd
General Assembly have been appointed by the Governor, whichever
occurs later, the Board shall consist of 5 technically
qualified members, no more than 3 of whom may be of the same
political party, to be appointed by the Governor with the
advice and consent of the Senate. Members shall have verifiable
technical, academic, or actual experience in the field of
pollution control or environmental law and regulation.
Of the members initially appointed pursuant to this
amendatory Act of the 93rd General Assembly, one shall be
appointed for a term ending July 1, 2004, 2 shall be appointed
for terms ending July 1, 2005, and 2 shall be appointed for
terms ending July 1, 2006. Thereafter, all members shall hold
office for 3 years from the first day of July in the year in
which they were appointed, except in case of an appointment to
fill a vacancy. In case of a vacancy in the office when the
Senate is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate, when he or
she shall nominate some person to fill such office; and any
person so nominated, who is confirmed by the Senate, shall hold
the office during the remainder of the term.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from office, such resignation to take effect
when a successor has been appointed and has qualified.
Board members shall be paid $37,000 per year or an amount

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set by the Compensation Review Board, whichever is greater, and
the Chairman shall be paid $43,000 per year or an amount set by
the Compensation Review Board, whichever is greater. Each
member shall devote his or her entire time to the duties of the
office, and shall hold no other office or position of profit,
nor engage in any other business, employment, or vocation. Each
member shall be reimbursed for expenses necessarily incurred
and shall make a financial disclosure upon appointment.
Each Board member may employ one secretary and one
assistant, and the Chairman one secretary and 2 assistants. The
Board also may employ and compensate hearing officers to
preside at hearings under this Act, and such other personnel as
may be necessary. Hearing officers shall be attorneys licensed
to practice law in Illinois.
The Board may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Board.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman or
by any 2 Board members, upon delivery of 24 hours written
notice to the office of each member. All Board meetings shall
be open to the public, and public notice of all meetings shall

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be given at least 24 hours in advance of each meeting. In
emergency situations in which a majority of the Board certifies
that exigencies of time require the requirements of public
notice and of 24 hour written notice to members may be
dispensed with, and Board members shall receive such notice as
is reasonable under the circumstances.
If there is no vacancy on the Board, 4 members of the Board
shall constitute a quorum to transact business; otherwise, a
majority of the Board shall constitute a quorum to transact
business, and no vacancy shall impair the right of the
remaining members to exercise all of the powers of the Board.
Every action approved by a majority of the members of the Board
shall be deemed to be the action of the Board. The Board shall
keep a complete and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance with
Title VII of this Act.
(c) The Board shall have authority to act for the State in
regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance with
Title VII of the Act and upon adoption shall be forwarded to
the Environmental Protection Agency for submission to the
United States pursuant to subsections (l) and (m) of Section 4
of this Act. Nothing in this paragraph shall limit the

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discretion of the Governor to delegate authority granted to the
Governor under any federal law.
(d) The Board shall have authority to conduct proceedings
upon complaints charging violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order; upon administrative
citations; upon petitions for variances or adjusted standards;
upon petitions for review of the Agency's final determinations
on permit applications in accordance with Title X of this Act;
upon petitions to remove seals under Section 34 of this Act;
and upon other petitions for review of final determinations
which are made pursuant to this Act or Board rule and which
involve a subject which the Board is authorized to regulate.
The Board may also conduct other proceedings as may be provided
by this Act or any other statute or rule.
(e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may subpoena
and compel the attendance of witnesses and the production of
evidence reasonably necessary to resolution of the matter under
consideration. The Board shall issue such subpoenas upon the
request of any party to a proceeding under subsection (d) of
this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate may
not exceed the total cost to the Agency for its inspection and
permit systems. The Board may not prescribe any permit fees

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which are different in amount from those established by this
Act.
(Source: P.A. 95-331, eff. 8-21-07.)