Illinois 99th Regular Session Status: Enacted 1 D cosponsors

SB 1673 — EPA-FAST-TRACK RULEMAKING

Last action — Public Act . . . . . . . . . 99-0937

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2015. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Extends a provision concerning Environmental Protection Agency fast-track rulemaking from December 31, 2014 to December 31, 2019. Effective immediately.

Bill Text

What changed in the latest version

862 added · 164 removed

Plain-language change summary

In the updated version of Bill SB 1673, a section regarding the Illinois Administrative Procedure Act was amended to clarify how it applies to various agencies, emphasizing that existing agency procedures from before 1978 take precedence under certain circumstances. Additionally, references to a specific section about fast-track rulemaking for the Clean Air Act were removed, which means that the rules can now be adopted without the previous deadline constraints that were set for 2014. These changes are significant because they streamline the administrative process for agencies and ensure that outdated requirements no longer hinder timely regulatory actions, particularly in environmental protection.

→
Previous
Latest
SB1673 Engrossed LRB099 09842 MGM 30054 b AN ACT concerning safety.
SB1673 Enrolled LRB099 09842 MGM 30054 b AN ACT concerning safety.
The Environmental Protection Act is amended by changing Section 28.5 as follows:
The Illinois Administrative Procedure Act is amended by changing Section 1-5 as follows:
(415 ILCS 5/28.5) Sec.
(5 ILCS 100/1-5) (from Ch.
28.5.
127, par.
Clean Air Act rules;
1001-5) Sec.
fast-track.
1-5.
(a) This Section applies through December 31, 2019 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).
Applicability.
(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.
(a) This Act applies to every agency as defined in this Act.
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.
Beginning January 1, 1978, in case of conflict between the provisions of this Act and the Act creating or conferring power on an agency, this Act shall control.
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.
If, however, an agency (or its predecessor in the case of an agency that has been consolidated or reorganized) has existing procedures on July 1, 1977, specifically for contested cases or licensing, those existing provisions control, except that this exception respecting contested cases and licensing does not apply if the Act creating or conferring power on the agency adopts by express reference the provisions of this Act.
(c) When the CAAA requires rules other than identical in substance rules to be adopted, upon request by the Agency, the SB1673 Engrossed - 2 - LRB099 09842 MGM 30054 b Board must adopt rules under fast-track rulemaking requirements.
Where the Act creating or conferring power on an agency establishes administrative procedures not covered by this Act, those procedures shall remain in effect.
(d) The Agency must submit its fast-track rulemaking proposal in the following form:
(b) The provisions of this Act do not apply to (i) preliminary hearings, investigations, or practices where no SB1673 Enrolled - 2 - LRB099 09842 MGM 30054 b final determinations affecting State funding are made by the State Board of Education, (ii) legal opinions issued under Section 2-3.7 of the School Code, (iii) as to State colleges and universities, their disciplinary and grievance proceedings, academic irregularity and capricious grading proceedings, and admission standards and procedures, and (iv) the class specifications for positions and individual position descriptions prepared and maintained under the Personnel Code.
(1) The Agency must file the rule in a form that meets the requirements of the Illinois Administrative Procedure Act and regulations promulgated thereunder.
Those class specifications shall, however, be made reasonably available to the public for inspection and copying.
(2) The cover sheet of the proposal shall prominently state that the rule is being proposed under this Section.
The provisions of this Act do not apply to hearings under Section 20 of the Uniform Disposition of Unclaimed Property Act.
(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.
(c) Section 5-35 of this Act relating to procedures for rulemaking does not apply to the following:
(4) The supporting documentation for the rule shall summarize the basis of the rule.
(1) Rules adopted by the Pollution Control Board that, in accordance with Section 7.2 of the Environmental Protection Act, are identical in substance to federal regulations or amendments to those regulations implementing the following:
(5) The Agency must describe in general the alternative selected and the basis for the alternative.
Sections 3001, 3002, 3003, 3004, 3005, and 9003 of the Solid Waste Disposal Act;
(6) The Agency must file a summary of economic and technical data upon which it relied in drafting the rule.
Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980;
(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.
Sections 307(b), 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal Water Pollution Control Act;
Additionally, the Agency must make such documents available at an appropriate location for inspection and copying at the expense of the interested party.
Sections 1412(b), 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking Water Act;
SB1673 Engrossed - 3 - LRB099 09842 MGM 30054 b (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.
and Section 109 of the Clean Air Act.
(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.
SB1673 Enrolled - 3 - LRB099 09842 MGM 30054 b (2) Rules adopted by the Pollution Control Board that establish or amend standards for the emission of hydrocarbons and carbon monoxide from gasoline powered motor vehicles subject to inspection under the Vehicle Emissions Inspection Law of 2005 or its predecessor laws.
(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.
(3) Procedural rules adopted by the Pollution Control Board governing requests for exceptions under Section 14.2 of the Environmental Protection Act.
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.
(4) The Pollution Control Board's grant, pursuant to an adjudicatory determination, of an adjusted standard for persons who can justify an adjustment consistent with subsection (a) of Section 27 of the Environmental Protection Act.
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 SB1673 Engrossed - 4 - LRB099 09842 MGM 30054 b extraneous material.
(4.5) The Pollution Control Board's adoption of time-limited water quality standards under Section 38.5 of the Environmental Protection Act.
(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.
(5) Rules adopted by the Pollution Control Board that are identical in substance to the regulations adopted by the Office of the State Fire Marshal under clause (ii) of paragraph (b) of subsection (3) of Section 2 of the Gasoline Storage Act.
Within 7 days after the first hearing, any person may request that the second hearing be held.
(d) Pay rates established under Section 8a of the Personnel Code shall be amended or repealed pursuant to the process set forth in Section 5-50 within 30 days after it becomes necessary to do so due to a conflict between the rates and the terms of a collective bargaining agreement covering the compensation of SB1673 Enrolled - 4 - LRB099 09842 MGM 30054 b an employee subject to that Code.
(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.
(e) Section 10-45 of this Act shall not apply to any hearing, proceeding, or investigation conducted under Section 13-515 of the Public Utilities Act.
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.
(f) Article 10 of this Act does not apply to any hearing, proceeding, or investigation conducted by the State Council for the State of Illinois created under Section 3-3-11.05 of the Unified Code of Corrections or by the Interstate Commission for Adult Offender Supervision created under the Interstate Compact for Adult Offender Supervision or by the Interstate Commission for Juveniles created under the Interstate Compact for Juveniles.
(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 SB1673 Engrossed - 5 - LRB099 09842 MGM 30054 b subsection (g) of this Section, but the hearing shall be limited in scope to the unresolved portion of the proposal.
(g) This Act is subject to the provisions of Article XXI of the Public Utilities Act.
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.
To the extent that any provision of this Act conflicts with the provisions of that Article XXI, the provisions of that Article XXI control.
(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 parties.
(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 Section.
(h) In all fast-track rulemakings under this Section, the Board must take into account factors set forth in subsection SB1673 Engrossed - 6 - LRB099 09842 MGM 30054 b (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.
Show all 302 changed rows (262 more)
Previous
Latest
(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.
SB1673 Engrossed - 7 - LRB099 09842 MGM 30054 b (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.
96-308, eff.
97-95, eff.
8-11-09.) Section 99.
7-12-11;
97-945, eff.
8-10-12;
97-1081, eff.
8-24-12;
98-463, eff.
8-16-13.) Section 10.
The Environmental Protection Act is amended by changing Sections 4, 5, 7.5, 29, and 41 and the heading of Title IX and by adding Sections 3.488 and 38.5 as follows:
(415 ILCS 5/3.488 new) Sec.
3.488.
Time-limited water quality standard.
"Time-limited water quality standard" has the meaning ascribed SB1673 Enrolled - 5 - LRB099 09842 MGM 30054 b to the term "water quality standards variance" in 40 CFR 131.3(o).
(415 ILCS 5/4) (from Ch.
111 1/2, par.
1004) Sec.
4.
Environmental Protection Agency;
establishment;
duties.
(a) There is established in the Executive Branch of the State Government an agency to be known as the Environmental Protection Agency.
This Agency shall be under the supervision and direction of a Director who shall be appointed by the Governor with the advice and consent of the Senate.
The term of office of the Director shall expire on the third Monday of January in odd numbered years, provided that he or she shall hold office until a successor is appointed and has qualified.
The Director shall receive an annual salary as set by the Compensation Review Board.
The Director, in accord with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act.
In addition, the Director may by agreement secure such services as he or she may deem necessary from any other department, agency, or unit of the State Government, and may employ and compensate such consultants and technical assistants as may be required.
(b) The Agency shall have the duty to collect and disseminate such information, acquire such technical data, and conduct such experiments as may be required to carry out the SB1673 Enrolled - 6 - LRB099 09842 MGM 30054 b purposes of this Act, including ascertainment of the quantity and nature of discharges from any contaminant source and data on those sources, and to operate and arrange for the operation of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential contaminant or noise sources, of public water supplies, and of refuse disposal sites.
(d) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible 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;
or (2) In accordance with the provisions of this Act, taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank.
(e) The Agency shall have the duty to investigate 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;
to issue administrative citations as provided in SB1673 Enrolled - 7 - LRB099 09842 MGM 30054 b Section 31.1 of this Act;
and to take such summary enforcement action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing upon a petition for variance or time-limited water quality standard, the denial of a permit, or the validity or effect of a rule or regulation of the Board, and shall have the authority to appear before the Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in accord with Title X of this Act, such permit and certification systems as may be established by this Act or by regulations adopted thereunder.
The Agency may enter into written delegation agreements with any department, agency, or unit of State or local government under which all or portions of this duty may be delegated for public water supply storage and transport systems, sewage collection and transport systems, air pollution control sources with uncontrolled emissions of 100 tons per year or less and application of algicides to waters of the State.
Such delegation agreements will require that the work to be performed thereunder will be in accordance with Agency criteria, subject to Agency review, and shall include such financial and program auditing by the Agency as may be required.
(h) The Agency shall have authority to require the submission of complete plans and specifications from any applicant for a permit required by this Act or by regulations thereunder, and to require the submission of such reports SB1673 Enrolled - 8 - LRB099 09842 MGM 30054 b regarding actual or potential 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, as may be necessary for the purposes of this Act.
(i) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of the Act.
(j) The Agency shall have the duty to represent the State of Illinois in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements relating to environmental protection.
(k) The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, indirect cost reimbursements, or other funds made available to the State from any source for purposes of this Act or for air or water pollution control, public water supply, solid waste disposal, noise abatement, or other environmental protection activities, surveys, or programs.
Any federal funds received by the Agency pursuant to this subsection shall be deposited in a trust fund with the State Treasurer and held and disbursed by him in accordance with Treasurer as Custodian of Funds Act, provided that such monies shall be used only for the purposes for which they are contributed and any balance remaining shall be returned to the contributor.
The Agency is authorized to promulgate such regulations and SB1673 Enrolled - 9 - LRB099 09842 MGM 30054 b enter into such contracts as it may deem necessary for carrying out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution agency for the state for all purposes of the Federal Water Pollution Control Act, as amended;
as implementing agency for the State for all purposes of the Safe Drinking Water Act, Public Law 93-523, as now or hereafter amended, except Section 1425 of that Act;
as air pollution agency for the state for all purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31, 1970, as amended;
and as solid waste agency for the state for all purposes of the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965, and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L.
94-580) approved October 21, 1976, as amended;
as noise control agency for the state for all purposes of the Noise Control Act of 1972, Public Law 92-574, approved October 27, 1972, as amended;
and as implementing agency for the State for all purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L.
96-510), as amended;
and otherwise as pollution control agency for the State pursuant to federal laws integrated with the foregoing laws, for financing purposes or otherwise.
The Agency is hereby authorized to take all action necessary or appropriate to secure to the State the benefits of such federal Acts, provided SB1673 Enrolled - 10 - LRB099 09842 MGM 30054 b that the Agency shall transmit to the United States without change any standards adopted by the Pollution Control Board pursuant to Section 5(c) of this Act.
This subsection (l) of Section 4 shall not be construed to bar or prohibit the Environmental Protection Trust Fund Commission from accepting, receiving, and administering on behalf of the State any grants, gifts, loans or other funds for which the Commission is eligible pursuant to the Environmental Protection Trust Fund Act.
The Agency is hereby designated as the State agency for all purposes of administering the requirements of Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political subdivision, or any Agency of the State or interstate Agency, which makes application for loans or grants under such federal Acts shall notify the Agency of such application;
the Agency may participate in proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with Section 5(c) and other provisions of this Act, and for purposes of Section 303(e) of the Federal Water Pollution Control Act, as now or hereafter amended, to engage in planning processes and activities and to develop plans in cooperation with units of local government, state agencies and officers, and other appropriate persons in connection with the jurisdiction or duties of each such unit, agency, officer or person.
Public hearings shall be held on the planning process, at which any SB1673 Enrolled - 11 - LRB099 09842 MGM 30054 b person shall be permitted to appear and be heard, pursuant to procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall have authority to establish and enforce minimum standards for the operation of laboratories relating to analyses and laboratory tests for air pollution, water pollution, noise emissions, contaminant discharges onto land and sanitary, chemical, and mineral quality of water distributed by a public water supply.
The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue certificates of competency to persons and laboratories meeting the minimum standards established by the Agency in accordance with Section 4(n) of this Act and to promulgate and enforce regulations relevant to the issuance and use of such certificates.
The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall have the duty to analyze samples as required from each public water supply to determine compliance with the contaminant levels specified by the Pollution Control Board.
The maximum SB1673 Enrolled - 12 - LRB099 09842 MGM 30054 b number of samples which the Agency shall be required to analyze for microbiological quality shall be 6 per month, but the Agency may, at its option, analyze a larger number each month for any supply.
Results of sample analyses for additional required bacteriological testing, turbidity, residual chlorine and radionuclides are to be provided to the Agency in accordance with Section 19.
Owners of water supplies may enter into agreements with the Agency to provide for reduced Agency participation in sample analyses.
(q) The Agency shall have the authority to provide notice to any person who may be liable pursuant to Section 22.2(f) of this Act for a release or a substantial threat of a release of a hazardous substance or pesticide.
Such notice shall include the identified response action and an opportunity for such person to perform the response action.
(r) The Agency may enter into written delegation agreements with any unit of local government under which it may delegate all or portions of its inspecting, investigating and enforcement functions.
Such delegation agreements shall require that work performed thereunder be in accordance with Agency criteria and subject to Agency review.
Notwithstanding any other provision of law to the contrary, no unit of local government shall be liable for any injury resulting from the exercise of its authority pursuant to such a delegation agreement unless the injury is proximately caused by the willful and wanton negligence of an agent or employee of the SB1673 Enrolled - 13 - LRB099 09842 MGM 30054 b unit of local government, and any policy of insurance coverage issued to a unit of local government may provide for the denial of liability and the nonpayment of claims based upon injuries for which the unit of local government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever preventive or corrective action is necessary or appropriate, including but not limited to expenditure of monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for removal or remedial action, whenever any hazardous substance or pesticide is released or there is a substantial threat of such a release into the environment.
The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken under this subsection.
The Director of the Agency is authorized to enter into such contracts and agreements as are necessary to carry out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, to units of local government for financing and construction of wastewater facilities in both incorporated and unincorporated areas.
With respect to all monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for wastewater facility grants, the Agency shall make distributions in conformity with the rules and regulations established pursuant SB1673 Enrolled - 14 - LRB099 09842 MGM 30054 b to the Anti-Pollution Bond Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act, the Agency shall have the authority to adopt such rules as are necessary or appropriate for the Agency to implement Section 31.1 of this Act.
(v) (Blank.) (w) Neither the State, nor the Director, nor the Board, nor any State employee shall be liable for any damages or injury arising out of or resulting from any action taken under subsection (s).
(x)(1) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, to units of local government for financing and construction of public water supply facilities.
With respect to all monies appropriated from the Build Illinois Bond Fund or the Build Illinois Purposes Fund for public water supply grants, such grants shall be made in accordance with rules promulgated by the Agency.
Such rules shall include a requirement for a local match of 30% of the total project cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of local government for the financing and construction of public water supply facilities unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for the termination of such grants.
The SB1673 Enrolled - 15 - LRB099 09842 MGM 30054 b Agency shall not make determinations on whether specific grant conditions are necessary to ensure the integrity of a project or on whether subagreements shall be awarded, with respect to grants for the financing and construction of public water supply facilities, unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for making such determinations.
The Agency shall not issue a stop-work order in relation to such grants unless and until the Agency adopts precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any person from further responsibility for preventive or corrective action under this Act following successful completion of preventive or corrective action undertaken by such person upon written request by the person.
(z) To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Environmental Protection Agency, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois.
For purposes of this subsection, "actual residents of the State of Illinois" means SB1673 Enrolled - 16 - LRB099 09842 MGM 30054 b persons domiciled in the State of Illinois.
The Department of Labor shall promulgate rules providing for the enforcement of this subsection.
(aa) The Agency may adopt rules requiring the electronic submission of any information required to be submitted to the Agency pursuant to any State or federal law or regulation or any court or Board order.
Any rules adopted under this subsection (aa) must include, but are not limited to, identification of the information to be submitted electronically.
(Source:
P.A.
98-72, eff.
7-15-13.) (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 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 SB1673 Enrolled - 17 - LRB099 09842 MGM 30054 b 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 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 SB1673 Enrolled - 18 - LRB099 09842 MGM 30054 b 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 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.
SB1673 Enrolled - 19 - LRB099 09842 MGM 30054 b 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 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 SB1673 Enrolled - 20 - LRB099 09842 MGM 30054 b 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 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, or time-limited water quality 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 SB1673 Enrolled - 21 - LRB099 09842 MGM 30054 b 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 which are different in amount from those established by this Act.
(Source:
P.A.
95-331, eff.
8-21-07.) (415 ILCS 5/7.5) (from Ch.
111 1/2, par.
1007.5) Sec.
7.5.
Filing Fees.
(a) The Board shall collect filing fees as prescribed in this Act.
The fees shall be deposited in the Pollution Control Board Fund.
The filing fees shall be as follows:
Petition for site-specific regulation, $75.
Petition for variance, $75.
Petition for review of permit, $75.
Petition to contest local government decision pursuant to Section 40.1, $75.
Petition for an adjusted standard, pursuant to Section 28.1, $75.
Petition for a time-limited water quality standard, $75 per petitioner.
(b) A person who has filed a petition for a variance from a water quality standard and paid the filing fee set forth in subsection (a) of this Section for that petition and whose SB1673 Enrolled - 22 - LRB099 09842 MGM 30054 b variance petition is thereafter converted into a petition for a time-limited water quality standard under Section 38.5 of this Act shall not be required to pay a separate filing fee upon the conversion of the variance petition into a petition for a time-limited water quality standard.
(Source:
P.A.
85-1440.) (415 ILCS 5/29) (from Ch.
111 1/2, par.
1029) Sec.
29.
(a) Any person adversely affected or threatened by any rule or regulation of the Board may obtain a determination of the validity or application of such rule or regulation by petition for review under Section 41 of this Act.
(b) Action by the Board in adopting any regulation for which judicial review could have been obtained under Section 41 of this Act shall not be subject to review regarding the regulation's validity or application in any subsequent proceeding under Title VIII, Title IX or Section 40 of this Act.
(c) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act.
Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section.
Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5.
(Source:
P.A.
85-1048.) SB1673 Enrolled - 23 - LRB099 09842 MGM 30054 b (415 ILCS 5/Tit.
IX heading) TITLE IX:
VARIANCES AND TIME-LIMITED WATER QUALITY STANDARDS (415 ILCS 5/38.5 new) Sec.
38.5.
Time-limited water quality standards.
(a) To the extent consistent with the Federal Water Pollution Control Act, rules adopted by the United States Environmental Protection Agency under that Act, this Section, and rules adopted by the Board under this Section, the Board may adopt, and may conduct non-adjudicatory proceedings to adopt, a time-limited water quality standard for a watershed or one or more of the following:
(1) water bodies;
(2) waterbody segments;
or (3) dischargers.
(b) A time-limited water quality standard may be sought by:
(1) persons who file with the Board a petition for a time-limited water quality standard under this Section;
and (2) persons who have a petition for a variance from a water quality standard under Section 35 of this Act converted into a petition for a time-limited water quality standard under subsection (c) of this Section.
(c) Any petition for a variance from a water quality SB1673 Enrolled - 24 - LRB099 09842 MGM 30054 b standard under Section 35 of this Act that was filed with the Board before the effective date of this amendatory Act of the 99th General Assembly and that has not been disposed of by the Board shall be converted, by operation of law, into a petition for a time-limited water quality standard under this Section on the effective date of this amendatory Act of the 99th General Assembly.
(d) The Board's hearings concerning the adoption of time-limited water quality standards shall be open to the public and must be held in compliance with 40 CFR 131.14, including, but not limited to, the public notice and participation requirements referenced in 40 CFR 25 and 40 CFR 131.20(b);
this Section;
and rules adopted by the Board under this Section.
(e) Within 21 days after any petition for a time-limited water quality standard is filed with the Board under this Section, or within 21 days after the effective date of this amendatory Act of the 99th General Assembly in the case of a petition for time-limited water quality standard created under subsection (c) of this Section, the Agency shall file with the Board a response that:
(1) identifies the discharger or classes of dischargers affected by the water quality standard from which relief is sought;
(2) identifies the watershed, water bodies, or waterbody segments affected by the water quality standard SB1673 Enrolled - 25 - LRB099 09842 MGM 30054 b from which relief is sought;
(3) identifies the appropriate type of time-limited water quality standard, based on factors, such as the nature of the pollutant, the condition of the affected water body, and the number and type of dischargers;
and (4) recommends, for the purposes of subsection (h), prompt deadlines for the classes of dischargers to file a substantially compliant petition.
(f) Within 30 days after receipt of a response from the Agency under subsection (e) of this Section, the Board shall enter a final order that establishes the discharger or classes of dischargers that may be covered by the time-limited water quality standard and prompt deadlines by which the discharger and dischargers in the identified classes must, for the purposes of subsection (h), file with the Board either:
(1) a petition for a time-limited water quality standard, if the petition has not been previously filed;
or (2) an amended petition for a time-limited water quality standard, if the petition has been previously filed and it is necessary to file an amended petition to maintain a stay under paragraph (3) of subsection (h) of this Section.
(g) As soon as practicable after entering an order under subsection (f), the Board shall conduct an evaluation of the petition to assess its substantial compliance with 40 CFR 131.14, this Section, and rules adopted pursuant to this SB1673 Enrolled - 26 - LRB099 09842 MGM 30054 b Section.
After the Board determines that a petition is in substantial compliance with those requirements, the Agency shall file a recommendation concerning the petition.
(h)(1) The effectiveness of a water quality standard from which relief is sought shall be stayed as to the following persons from the effective date of the water quality standard until the stay is terminated as provided in this subsection:
(A) any person who has a petition for a variance seeking relief from a water quality standard under Section 35 of this Act converted into a petition for a time-limited water quality standard under subsection (c) of this Section;
(B) any person who files a petition for a time-limited water quality standard within 35 days after the effective date of the water quality standard from which relief is sought;
and (C) any person, not covered by subparagraph (B) of this subsection, who is a member of a class of dischargers that is identified in a Board order under subsection (f) that concerns a petition for a time-limited water quality standard that was filed within 35 days after the effective date of the water quality standard from which relief is sought and who files a petition for a time-limited water quality standard before the deadline established for that class under subsection (f) of this Section.
SB1673 Enrolled - 27 - LRB099 09842 MGM 30054 b (2) If the Board determines that the petition of a person described in paragraph (1) of this subsection is in substantial compliance, then the stay shall continue until the Board:
(A) denies the petition and all rights to judicial review of the Board order denying the petition are exhausted;
or (B) adopts the time-limited water quality standard and the United States Environmental Protection Agency either:
(i) approves the time-limited water quality standard;
or (ii) disapproves the time-limited water quality standard for failure to comply with 40 CFR 131.14.
(3) If the Board determines that the petition of a person described in paragraph (1) of this subsection is not in substantial compliance, then the Board shall enter an interim order that identifies the deficiencies in the petition that must be corrected for the petition to be in substantial compliance.
The petitioner must file an amended petition by the deadlines adopted by the Board pursuant to subsection (f), and the Board shall enter, after the applicable Board-established deadline, a final order that determines whether the amended petition is in substantial compliance.
SB1673 Enrolled - 28 - LRB099 09842 MGM 30054 b (4) If the Board determines that the amended petition described in paragraph (3) of this subsection is in substantial compliance, then the stay shall continue until the Board:
(A) denies the petition and all rights to judicial review of the Board order denying the petition are exhausted;
or (B) adopts the time-limited water quality standard and the United States Environmental Protection Agency either:
(i) approves the time-limited water quality standard;
or (ii) disapproves the time-limited water quality standard for failure to comply with 40 CFR 131.14.
(5) If the Board determines that the amended petition described in paragraph (3) of this subsection is not in substantial compliance by the Board-established deadline, the Board shall deny the petition and the stay shall continue until all rights to judicial review are exhausted.
(6) If the Board determines that a petition for a time-limited water quality standard is not in substantial compliance and if the person fails to file, on or before the Board-established deadline, an amended petition, the Board shall dismiss the petition and the stay shall continue until all rights to judicial review are exhausted.
SB1673 Enrolled - 29 - LRB099 09842 MGM 30054 b (7) If a person other than a person described in paragraph (1) of subsection (h) of this Section files a petition for a time-limited water quality standard, then the effectiveness of the water quality standard from which relief is sought shall not be stayed as to that person.
However, the person may seek a time-limited water quality standard from the Board by complying with 40 CFR 131.14, this Section, and rules adopted pursuant to this Section.
(i) Each time-limited water quality standard adopted by the Board for more than one discharger shall set forth criteria that may be used by dischargers or classes of dischargers to obtain coverage under the time-limited water quality standard during its duration.
Any discharger that has not obtained a time-limited water quality standard may obtain coverage under a Board-approved time-limited water quality standard by satisfying, at the time of the renewal or modification of that person's federal National Pollutant Discharge Elimination System (NPDES) permit or at the time the person files an application for certification under Section 401 of the federal Clean Water Act, the Board-approved criteria for coverage under the time-limited water quality standard.
(j) Any person who is adversely affected or threatened by a final Board order entered pursuant to this Section may obtain judicial review of the Board order by filing a petition for review within 35 days after the date the Board order was served on the person affected by the order, under the provisions of SB1673 Enrolled - 30 - LRB099 09842 MGM 30054 b the Administrative Review Law, and the rules adopted pursuant thereto, except that review shall be afforded directly in the appellate court for the district in which the cause of action arose and not in the circuit court.
For purposes of judicial review under this subsection, a person is deemed to have been served with the Board's final order on the date on which the order is first published by the Board on its website.
No challenge to the validity of a final Board order under this Section shall be made in any enforcement proceeding under Title XII of this Act as to any issue that could have been raised in a timely petition for review under this subsection.
(k) Not later than 6 months after the effective date of this amendatory Act of the 99th General Assembly, the Agency shall propose, and not later than 9 months thereafter the Board shall adopt, rules that prescribe specific procedures and standards to be used by the Board when adopting time-limited water quality standards.
The public notice and participation requirements in 40 CFR 25 and 40 CFR 131.20(b) shall be incorporated into the rules adopted under this subsection.
Until the rules adopted under this subsection are effective, the Board may adopt time-limited water quality standards to the full extent allowed under this Section and 40 C.F.R.
131.14.
(l) Section 5-35 of the Illinois Administrative Procedure Act, Title VII of this Act, and the other Sections in Title IX of this Act do not apply to Board proceedings under this SB1673 Enrolled - 31 - LRB099 09842 MGM 30054 b Section.
(415 ILCS 5/41) (from Ch.
111 1/2, par.
1041) Sec.
41.
Judicial review.
(a) Any party to a Board hearing, any person who filed a complaint on which a hearing was denied, any person who has been denied a variance or permit under this Act, any party adversely affected by a final order or determination of the Board, and any person who participated in the public comment process under subsection (8) of Section 39.5 of this Act may obtain judicial review, by filing a petition for review within 35 days from the date that a copy of the order or other final action sought to be reviewed was served upon the party affected by the order or other final Board action complained of, under the provisions of the Administrative Review Law, as amended and the rules adopted pursuant thereto, except that review shall be afforded directly in the Appellate Court for the District in which the cause of action arose and not in the Circuit Court.
Review of any rule or regulation promulgated by the Board shall not be limited by this section but may also be had as provided in Section 29 of this Act.
(b) Any final order of the Board under this Act shall be based solely on the evidence in the record of the particular proceeding involved, and any such final order for permit appeals, enforcement actions and variance proceedings, shall be invalid if it is against the manifest weight of the SB1673 Enrolled - 32 - LRB099 09842 MGM 30054 b evidence.
Notwithstanding this subsection, the Board may include such conditions in granting a variance and may adopt such rules and regulations as the policies of this Act may require.
If an objection is made to a variance condition, the board shall reconsider the condition within not more than 75 days from the date of the objection.
(c) No challenge to the validity of a Board order shall be made in any enforcement proceeding under Title XII of this Act as to any issue that could have been raised in a timely petition for review under this Section.
(d) If there is no final action by the Board within 120 days on a request for a variance which is subject to subsection (c) of Section 38 or a permit appeal which is subject to paragraph (a) (3) of Section 40 or paragraph (d) of Section 40.2 or Section 40.3, the petitioner shall be entitled to an Appellate Court order under this subsection.
If a hearing is required under this Act and was not held by the Board, the Appellate Court shall order the Board to conduct such a hearing, and to make a decision within 90 days from the date of the order.
If a hearing was held by the Board, or if a hearing is not required under this Act and was not held by the Board, the Appellate Court shall order the Board to make a decision within 90 days from the date of the order.
The Appellate Court shall retain jurisdiction during the pendency of any further action conducted by the Board under an order by the Appellate Court.
The Appellate Court shall have SB1673 Enrolled - 33 - LRB099 09842 MGM 30054 b jurisdiction to review all issues of law and fact presented upon appeal.
(e) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act.
Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section.
Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5.
(Source:
P.A.
99-463, eff.
1-1-16.) Section 99.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 99-0937

  2. Effective Date February 24, 2017

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 2 Senate Concurs 054-000-000

  8. House Committee Amendment No. 1 Senate Concurs 054-000-000

  9. 3/5 Vote Required

  10. House Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments

  11. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

  12. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  13. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. David Koehler

  14. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  15. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler

  16. Chief Sponsor Changed to Sen. David Koehler

  17. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - December 1, 2016

  18. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  19. Third Reading - Short Debate - Passed 111-000-000

  20. 3/5 Vote Required

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 2 Adopted

  23. Second Reading - Short Debate

  24. House Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 008-000-000

  25. House Floor Amendment No. 2 Rules Refers to Executive Committee

  26. Alternate Chief Sponsor Changed to Rep. Daniel J. Burke

  27. House Floor Amendment No. 2 Referred to Rules Committee

  28. House Floor Amendment No. 2 Filed with Clerk by Rep. Daniel J. Burke

  29. Placed on Calendar 2nd Reading - Short Debate

  30. Approved for Consideration Rules Committee; 003-000-000

  31. Rule 19(a) / Re-referred to Rules Committee

  32. Final Action Deadline Extended-9(b) April 28, 2016

  33. Final Action Deadline Extended-9(b) January 29, 2016

  34. Final Action Deadline Extended-9(b) December 4, 2015

  35. Final Action Deadline Extended-9(b) October 31, 2015

  36. Final Action Deadline Extended-9(b) September 30, 2015

  37. Final Action Deadline Extended-9(b) August 31, 2015

  38. Final Action Deadline Extended-9(b) July 31, 2015

  39. Final Action Deadline Extended-9(b) June 30, 2015

  40. Held on Calendar Order of Second Reading - Short Debate

  41. Second Reading - Short Debate

  42. Placed on Calendar 2nd Reading - Short Debate

  43. Do Pass as Amended / Short Debate Executive Committee; 007-004-000

  44. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  45. House Committee Amendment No. 1 Rules Refers to Executive Committee

  46. House Committee Amendment No. 1 Referred to Rules Committee

  47. House Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Madigan

  48. Final Action Deadline Extended-9(b) May 31, 2015

  49. Motion Prevailed

  50. Motion Filed to Suspend Rule 21 Executive Committee; Rep. Barbara Flynn Currie

  51. Assigned to Executive Committee

  52. Final Action Deadline Extended-9(b) May 22, 2015

  53. Referred to Rules Committee

  54. First Reading

  55. Chief House Sponsor Rep. Patrick J. Verschoore

  56. Arrived in House

  57. Third Reading - Passed; 055-000-000

  58. Placed on Calendar Order of 3rd Reading March 26, 2015

  59. Second Reading

  60. Placed on Calendar Order of 2nd Reading March 24, 2015

  61. Do Pass Environment and Conservation; 007-000-000

  62. Assigned to Environment and Conservation

  63. Referred to Assignments

  64. First Reading

  65. Filed with Secretary by Sen. Heather A. Steans

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 36004
Republican 6000
Democrat 12001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
McConnaughay — Yea
McCann — Yea
McCarter — Yea
Rooney — Yea
Forby — Yea
Haine — Yea
Bennett — Yea
McGuire — Yea
Landek — Yea
Link — Yea
Luechtefeld — Yea
Manar — Yea
Sullivan — Yea
Brady — Yea
Mulroe — Yea
Muñoz — Yea
Cullerton — Yea
Cullerton, T. — Yea
Nybo — Yea
Harris — Not Voting
Oberweis — Not Voting
Silverstein — Yea
Steans — Not Voting
Trotter — Yea
Bush — Yea
Clayborne — Yea
Connelly — Yea
Hutchinson — Yea
Noland — Not Voting
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Concurrence

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 36004
Republican 6000
Democrat 12001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Mulroe — Yea
Hutchinson — Yea
Landek — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Muñoz — Yea
Silverstein — Yea
Rooney — Yea
Trotter — Yea
Bennett — Yea
McGuire — Yea
Sullivan — Yea
Brady — Yea
Cullerton — Yea
Cullerton, T. — Yea
Clayborne — Yea
Connelly — Yea
Forby — Yea
Haine — Yea
Harris — Not Voting
Manar — Yea
Oberweis — Not Voting
Steans — Not Voting
Noland — Not Voting
Nybo — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 28001
Unaffiliated 79004
Republican 4002
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Sente — Yea
Skoog — Yea
Smiddy — Yea
Sommer — Yea
Acevedo — Yea
Andersson — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
Conroy — Yea
McAsey — Yea
Costello — Yea
Hays — Yea
Ives — Yea
Jesiel — Yea
Jimenez — Yea
Olsen — Yea
Phelps — Yea
Phillips — Yea
Bennett — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Harris, Gregory — Yea
Bradley — Yea
Lang — Yea
Brady — Yea
Hernandez — Yea
Leitch — Yea
McAuliffe — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
McDermed — Yea
Sullivan — Yea
Jones — Yea
McSweeney — Yea
Soto — Yea
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Davis, Monique — Yea
Wheeler, Barbara — Yea
Verschoore — Yea
Wheeler, Keith — Yea
Wallace — Yea
Williams — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
Wehrli — Yea
Cavaletto — Yea
Cloonen — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Hurley — Yea
Jackson — Yea
Welter — Yea
Willis — Yea
Winger — Yea
Madigan — Not Voting
Moffitt — Yea
Harris, David — Not Voting
Yingling — Yea
Zalewski — Yea
Durkin — Yea
Flowers — Yea
Nekritz — Yea
Kay — Yea
Pritchard — Yea
Reaves-Harris — Not Voting
Reis — Not Voting
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Yea
Terri Bryant Republican Not Voting

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 39003
Republican 3001
Democrat 13000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Link — Yea
Luechtefeld — Yea
Duffy — Yea
Forby — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
Bennett — Yea
Harris — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McGuire — Yea
McConnaughay — Yea
Brady — Yea
Mulroe — Not Voting
Muñoz — Yea
Sullivan — Yea
Nybo — Yea
Cullerton, T. — Yea
Cullerton — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Haine — Yea
Hutchinson — Yea
Noland — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Not Voting
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Not Voting
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1673 do?
Amends the Environmental Protection Act. Extends a provision concerning Environmental Protection Agency fast-track rulemaking from December 31, 2014 to December 31, 2019. Effective immediately.
Who sponsors SB 1673?
SB 1673 is sponsored by David Koehler (Democrat).
What is the current status of SB 1673?
This bill has been enacted into law. Introduced February 20, 2015. Enacted.
Where can I track SB 1673?
Track SB 1673 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1673

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1673

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →