Full Text of SB0876 95th General Assembly
SB0876sam001 95TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 4/9/2008
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| AMENDMENT TO SENATE BILL 876
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| AMENDMENT NO. ______. Amend Senate Bill 876 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Petroleum Refinery Expansion Air Pollution Control Act. | 6 |
| Section 5. Findings. | 7 |
| (a) The world's scientists have formed a near-unanimous | 8 |
| chorus, warning that pollution primarily caused by burning | 9 |
| fossil fuels, known as greenhouse gases, are causing the | 10 |
| temperature of the Earth to rise. | 11 |
| (b) Warning signs of global warming are being discovered | 12 |
| and reported throughout the world. Melting glaciers, severe | 13 |
| storms, prolonged drought, reduced mountain snow-pack, and | 14 |
| dying coal reefs are among the signs that global warming is | 15 |
| underway. | 16 |
| (c) Decisive action at the international, national, State, |
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| and local levels to address the threat of global warming is | 2 |
| necessary to meet the challenge posed by global warming. | 3 |
| (d) Illinois business and industry will benefit from | 4 |
| proactive policies that will ensure that we remain competitive | 5 |
| as the world's economy shifts from high-carbon to low-carbon | 6 |
| technologies. | 7 |
| (e) Petroleum refineries are enormous sources of | 8 |
| greenhouse gases, including but not limited to carbon dioxide, | 9 |
| nitrous oxide, and methane. Processing tar sands at oil | 10 |
| refineries will pose a threat of even greater greenhouse gas | 11 |
| pollution due to the lower combustion efficiency of this input | 12 |
| relative to light sweet crude oil. In their current design | 13 |
| forms, refineries emit greenhouse gases from numerous | 14 |
| components of the facilities' plant equipment. | 15 |
| (f) Businesses throughout the Illinois economy currently | 16 |
| engage in and are planning for additional control of greenhouse | 17 |
| gases in a manner that can be measured, tracked, verified, and | 18 |
| enforced. Many of these businesses are members of the Climate | 19 |
| Registry, a collaboration among states, provinces, and tribes | 20 |
| developing and managing a common greenhouse gas emissions | 21 |
| reporting system with high integrity. | 22 |
| Section 10. Definitions. As used in this Act: | 23 |
| "Carbon dioxide equivalent" means the amount of carbon | 24 |
| dioxide by weight that would produce the same global warming | 25 |
| impact as a given weight of another greenhouse gas, based on |
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| the best available science, including that from the | 2 |
| Intergovernmental Panel on Climate Change. | 3 |
| "Carbon offset" means any project that eliminates one ton | 4 |
| of greenhouse gas emissions. A carbon offset must be: | 5 |
| (1) permanent; | 6 |
| (2) additional; | 7 |
| (3) verifiable; | 8 |
| (4) located within the State of Illinois; | 9 |
| (5) real; and | 10 |
| (6) legally and practicably enforceable. | 11 |
| "Climate Registry" means a collaboration among states, | 12 |
| provinces, and tribes developing and managing a common | 13 |
| greenhouse gas emissions reporting system with high integrity | 14 |
| that is capable of supporting various greenhouse gas emission | 15 |
| reporting and reduction policies for its member states and | 16 |
| tribes and reporting entities, of which the State of Illinois | 17 |
| is a member, and that private businesses may join as members. | 18 |
| "Expansion" means any physical or process change, or both, | 19 |
| that results in an increase in a refinery's processing capacity | 20 |
| of 5,000 barrels per day or greater. | 21 |
| "Gas" means the state of matter that has neither | 22 |
| independent shape nor volume, but tends to expand indefinitely. | 23 |
| Gas includes aerosols, and the terms "gas" and "gases" are | 24 |
| interchangeable. | 25 |
| "Greenhouse gas" or "greenhouse gases" include, but are not | 26 |
| limited to, the following gases: carbon dioxide, methane, |
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| nitrous oxide, hydrofluorocarbons, perfluorocarbons, and | 2 |
| sulfur hexafluoride. | 3 |
| "Greenhouse gas emissions level" means the total annual | 4 |
| emissions of greenhouse gases emitted by an oil refinery | 5 |
| expressed in tons of carbon dioxide equivalents. | 6 |
| "Petroleum refinery" means a facility that processes | 7 |
| petroleum, as defined in the North American Industrial | 8 |
| Classification Standard No. 32411 and including any associated | 9 |
| sulfur recovery plant. | 10 |
| "Potential to emit" means the maximum capacity of an | 11 |
| emission source to emit a pollutant under its physical and | 12 |
| operational design. Any physical or operational limitation on | 13 |
| the capacity of the emission source to emit a pollutant, | 14 |
| including air pollution control equipment and restrictions on | 15 |
| hours of operation or on the type or amount of material | 16 |
| combusted, stored, or processed, shall be treated as part of | 17 |
| its design only if the limitation or the effect it would have | 18 |
| on emissions is enforceable. Secondary emissions do not count | 19 |
| in determining the potential to emit of a stationary source. | 20 |
| Section 15. Applicability. Any owner or operator of a | 21 |
| petroleum refinery that makes a physical or process change, or | 22 |
| both, to its petroleum refinery that expands the refinery's | 23 |
| processing capacity by 1,000 barrels per day or more is subject | 24 |
| to this Act. |
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| Section 20. Membership in the Climate Registry. Any owner | 2 |
| or operator meeting the applicability criteria in Section 15 | 3 |
| must enroll in the Climate Registry for purposes of estimating, | 4 |
| monitoring, and reporting greenhouse gas emissions prior to and | 5 |
| resulting from the expansion. Enrollment in the Climate | 6 |
| Registry must occur within 30 days after the effective date of | 7 |
| this Act or after first meeting the applicability criteria in | 8 |
| Section 15, whichever first occurs. | 9 |
| Section 25. Carbon offsets. Any owner or operator subject | 10 |
| to this Act must (i) calculate the expansion's potential to | 11 |
| emit all greenhouse gases in carbon dioxide equivalents and | 12 |
| (ii) provide funding to the Illinois Carbon Offset Trust | 13 |
| sufficient to finance carbon offsets that eliminate greenhouse | 14 |
| gas emissions, measured in terms of carbon dioxide equivalents, | 15 |
| equal to at least twice the rate of the increase in greenhouse | 16 |
| gas emissions from the expansion. | 17 |
| Section 30. Illinois Carbon Offset Trust. | 18 |
| (a) The Illinois Carbon Offset Trust shall be created by | 19 |
| the Governor. The purpose of the Trust shall be the financing | 20 |
| of carbon offsets in the State of Illinois. | 21 |
| (b) The Illinois Carbon Offset Trust shall be a | 22 |
| non-governmental, not-for-profit, private entity. The funds in | 23 |
| the Trust shall not be subject to use by the State in any way. | 24 |
| (c) The Trust shall be governed by a declaration of trust |
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| or articles of incorporation and bylaws that shall, at a | 2 |
| minimum, provide that: | 3 |
| (1) There shall be voting trustees of the Trust. | 4 |
| (2) Trustees shall be appointed within 30 days after | 5 |
| the creation of the Trust and shall serve for a term of 5 | 6 |
| years commencing upon the date of their respective | 7 |
| appointments, until their respective successors are | 8 |
| appointed and qualified. | 9 |
| (3) Trustees shall have a professionally recognized | 10 |
| expertise in the field of global climate change, energy | 11 |
| production, and environmental and natural lands | 12 |
| protection. | 13 |
| (4) The Trust shall have an indefinite term and shall | 14 |
| terminate at such time as no Trust assets remain. | 15 |
| (5) The Trust shall be funded by the refinery owners or | 16 |
| operators as provided in Section 25. | 17 |
| (6) The Trust shall be authorized to employ an | 18 |
| executive director and other employees, to enter into | 19 |
| leases, contracts, and other obligations on behalf of the | 20 |
| Trust, and to incur expenses that the trustees deem | 21 |
| necessary or appropriate for the fulfillment of the | 22 |
| purposes for which the Trust is established. | 23 |
| (7) The trustees may create and appoint advisory boards | 24 |
| or committees to assist them with the administration of the | 25 |
| Trust and to advise and make recommendations to them | 26 |
| regarding the contribution and disbursement of the Trust's |
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| funds.
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| Section 35. Enforcement; fines. The Illinois Environmental | 3 |
| Protection Agency shall enforce this Act. If an owner or | 4 |
| operator of a petroleum refinery fails to comply with this Act, | 5 |
| the Agency shall impose an administrative fine against that | 6 |
| owner or operator equivalent to 3 times the amount necessary to | 7 |
| finance any deficiency in carbon offsets.".
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