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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Environmental Protection Act is amended by |
| 5 | | changing Section 27 as follows:
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| 6 | | (415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
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| 7 | | Sec. 27. Rulemaking.
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| 8 | | (a) The Board may adopt substantive regulations as
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| 9 | | described
in this Act. Any such regulations may make different |
| 10 | | provisions as required by
circumstances for different |
| 11 | | contaminant sources and for different geographical
areas; may |
| 12 | | apply to sources outside this State causing, contributing to, |
| 13 | | or
threatening environmental damage in Illinois; may make |
| 14 | | special provision for
alert and abatement standards and |
| 15 | | procedures respecting occurrences or
emergencies of pollution |
| 16 | | or on other short-term conditions constituting an
acute danger |
| 17 | | to health or to the environment; and may include regulations
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| 18 | | specific to individual persons or sites. In promulgating |
| 19 | | regulations under
this Act, the Board shall take into account |
| 20 | | the existing physical conditions,
the character of the area |
| 21 | | involved, including the character of surrounding land
uses, |
| 22 | | zoning classifications, the nature of the existing air quality, |
| 23 | | or
receiving body of water, as the case may be, and the |
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| 1 | | technical feasibility and
economic reasonableness of measuring |
| 2 | | or reducing the particular type of
pollution. The generality of |
| 3 | | this grant of authority shall only be limited by
the |
| 4 | | specifications of particular classes of regulations elsewhere |
| 5 | | in this Act.
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| 6 | | No charge shall be established or assessed by the Board or |
| 7 | | Agency
against any person for emission of air contaminants from |
| 8 | | any source, for
discharge of water contaminants from any |
| 9 | | source, or for the sale, offer or
use of any article.
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| 10 | | Any person filing with the Board a written proposal for the |
| 11 | | adoption,
amendment, or repeal of regulations shall provide |
| 12 | | information supporting
the requested change and shall at the |
| 13 | | same time file a copy of such
proposal with the Agency and the |
| 14 | | Department of Natural Resources. To aid
the Board and to assist |
| 15 | | the public in determining which facilities will be
affected, |
| 16 | | the person filing a proposal shall describe, to the extent |
| 17 | | reasonably
practicable, the universe of affected sources and |
| 18 | | facilities and the economic
impact of the proposed rule.
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| 19 | | (b) Except as provided below and in Section 28.2, before |
| 20 | | the adoption of any
proposed rules not relating to |
| 21 | | administrative procedures within the Agency or
the Board, or |
| 22 | | amendment to existing rules not
relating to administrative |
| 23 | | procedures within the Agency or the Board, the Board shall:
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| 24 | | (1) request that the Department of Commerce and |
| 25 | | Economic Opportunity conduct
a study of the economic impact |
| 26 | | of the
proposed rules. The Department may within 30 to 45 |
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| 1 | | days of such request
produce a study of the economic impact |
| 2 | | of the proposed rules.
At a minimum,
the economic impact |
| 3 | | study shall address (A) economic, environmental, and |
| 4 | | public
health benefits that may be achieved through |
| 5 | | compliance with the proposed
rules,
(B) the effects of the |
| 6 | | proposed rules on employment levels, commercial
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| 7 | | productivity, the economic growth of small businesses with
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| 8 | | 100 or less employees, and the State's overall economy, and |
| 9 | | (C)
the cost per unit of pollution reduced and the |
| 10 | | variability in cost
based on the size of the facility and |
| 11 | | the percentage of company revenues
expected
to be used to |
| 12 | | implement the proposed rules; and
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| 13 | | (2) conduct at least one public hearing on the economic |
| 14 | | impact of
those new rules. At least 20 days before the |
| 15 | | hearing, the Board shall notify
the public of the hearing |
| 16 | | and make the
economic impact study, or the Department of |
| 17 | | Commerce and Economic Opportunity's
explanation for not |
| 18 | | producing an economic impact study, available to the
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| 19 | | public. Such public hearing may be held simultaneously or
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| 20 | | as a part of any Board hearing considering such new rules.
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| 21 | | In adopting any such new rule, the Board shall, in its
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| 22 | | written opinion,
make a determination, based upon the evidence |
| 23 | | in the public hearing record,
including but not limited to the |
| 24 | | economic impact study, as
to whether the proposed rule has any |
| 25 | | adverse economic
impact on the
people of the State of Illinois.
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| 26 | | (c) On proclamation by the Governor, pursuant to Section 8 |
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| 1 | | of the Illinois
Emergency Services and Disaster Act of 1975, |
| 2 | | that a disaster
emergency exists, or when the Board finds that |
| 3 | | a severe public health
emergency exists, the Board may, in |
| 4 | | relation to any proposed regulation,
order that such regulation |
| 5 | | shall take effect without delay and the Board
shall proceed |
| 6 | | with the hearings and studies required by this Section
while |
| 7 | | the regulation continues in effect.
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| 8 | | When the Board finds that a situation exists which |
| 9 | | reasonably constitutes
a threat to the public interest, safety, |
| 10 | | or welfare, the Board may adopt
regulations pursuant to and in |
| 11 | | accordance with Section 5-45 of the
Illinois Administrative |
| 12 | | Procedure Act. For purposes of this subsection (c), significant |
| 13 | | economic harm or hardship may constitute a threat to the public |
| 14 | | interest, safety, or welfare.
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| 15 | | (d) To the extent consistent with any deadline for adoption |
| 16 | | of any
regulations mandated by State or federal law, prior to |
| 17 | | initiating any
hearing on a regulatory proposal, the Board may |
| 18 | | assign a qualified hearing
officer who may schedule a |
| 19 | | prehearing conference between the proponents
and any or all of |
| 20 | | the potentially affected persons. The notice
requirements of |
| 21 | | Section 28 shall not apply to such prehearing conferences.
The |
| 22 | | purposes of such conference shall be to maximize understanding |
| 23 | | of the
intent and application of the proposal, to reach |
| 24 | | agreement on aspects of the
proposal, if possible, and to |
| 25 | | attempt to identify and limit the issues of
disagreement among |
| 26 | | the participants to promote efficient use of time at
hearing. |
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| 1 | | No record need be kept of the prehearing conference, nor shall |
| 2 | | any
participant or the Board be bound by any discussions |
| 3 | | conducted at the
prehearing conference. However, with the |
| 4 | | consent of all participants in the
prehearing conference, a |
| 5 | | prehearing order delineating issues to be heard,
agreed facts, |
| 6 | | and other matters may be entered by the hearing officer. Such |
| 7 | | an
order will not be binding on nonparticipants in the |
| 8 | | prehearing conference.
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| 9 | | (Source: P.A. 94-793, eff. 5-19-06.)
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| 10 | | Section 99. Effective date. This Act takes effect upon |
| 11 | | becoming law.
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