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90_HB1230eng
415 ILCS 130/30 new
Amends the Interstate Ozone Transport Oversight Act to
provide for the review by the Illinois General Assembly of a
State Implementation Plan for ozone attainment prepared by
the Illinois Environmental Protection Agency at least 60 days
before the Plan is submitted to the United States
Environmental Protection Agency. Requires legislative
hearings on a Plan's prospective economic and environmental
impacts. Prohibits the Illinois Environmental Protection
Agency from submitting a State Implementation Plan for ozone
attainment to the United States Environmental Protection
Agency if the Plan is more stringent than necessary to
achieve attainment with the national ozone standard, except
under specified circumstances.
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1 AN ACT to amend the Interstate Ozone Transport Oversight
2 Act by changing Sections 10, 20, and 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Interstate Ozone Transport Oversight Act
6 is amended by changing Sections 10, 20, and 25 as follows:
7 (415 ILCS 130/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Act" means the Interstate Ozone Transport Oversight Act.
10 "Alternate strategies" means any alternate strategies
11 which could reasonably be utilized by the State of Illinois,
12 in lieu of or in combination with the strategies identified
13 in any proposed memorandum of understanding or other
14 agreement developed by the Ozone Transport Assessment Group,
15 in its efforts to achieve the national ambient air quality
16 standard for ozone.
17 "Board" means the Pollution Control Board.
18 "Director" means the Director of the Illinois
19 Environmental Protection Agency.
20 "House Committee" means the Illinois House of
21 Representatives Committee on Energy and the Environment.
22 "House of Representatives" means the Illinois House of
23 Representatives.
24 "Memorandum of understanding" means a memorandum of
25 understanding or any other agreement by the Ozone Transport
26 Assessment Group potentially requiring the State of Illinois
27 to undertake emission reductions in addition to those
28 specified in the Clean Air Act Amendments of 1990.
29 "Ozone Transport Assessment Group" means the national
30 work group formed to conduct a national assessment of and
31 develop a consensus solution to the ozone formation and
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1 transport phenomena, including a proposal for national and
2 regional control strategies aimed at achieving reductions of
3 ozone and ozone precursor concentrations.
4 "Senate" means the Illinois Senate.
5 "Senate Committee" means the Illinois Senate Committee on
6 Energy and the Environment.
7 "Senate President" means the President of the Illinois
8 Senate.
9 "Speaker of the House" means the Speaker of the Illinois
10 House of Representatives.
11 "State Implementation Plan" means an Illinois state
12 implementation plan for ozone attainment prepared pursuant to
13 Section 110 of the federal Clean Air Act.
14 (Source: P.A. 89-566, eff. 7-26-96.)
15 (415 ILCS 130/20)
16 Sec. 20. Legislative referral and public hearings.
17 (a) Not later than 10 days after the development of any
18 proposed memorandum of understanding by the Ozone Transport
19 Assessment Group potentially requiring the State of Illinois
20 to undertake emission reductions in addition to those
21 specified by the Clean Air Act Amendments of 1990, or
22 subsequent to the issuance of a request by the United States
23 Environmental Protection Agency for submission of a State
24 Implementation Plan for Illinois relating to ozone attainment
25 and before submission of the Plan, the Director shall submit
26 the proposed memorandum of understanding or State
27 Implementation Plan to the House Committee and the Senate
28 Committee for their consideration. At that time, the
29 Director shall also submit information detailing any
30 alternate strategies.
31 (b) To assist the legislative review required by this
32 Act, the Department of Natural Resources and the Department
33 of Commerce and Community Affairs shall conduct a joint study
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1 of the impacts on the State's economy which may result from
2 implementation of the emission reduction strategies contained
3 within any proposed memorandum of understanding or State
4 Implementation Plan relating to ozone and from implementation
5 of any alternate strategies. The study shall include, but
6 not be limited to, the impacts on economic development,
7 employment, utility costs and rates, personal income, and
8 industrial competitiveness which may result from
9 implementation of the emission reduction strategies contained
10 within any proposed memorandum of agreement or State
11 Implementation Plan relating to ozone and from implementation
12 of any alternate strategies. The study shall be submitted to
13 the House Committee and Senate Committee not less than 10
14 days prior to any scheduled hearing conducted pursuant to
15 subsection (c) of this Section.
16 (c) Upon receipt of the information required by
17 subsections (a) and (b) of this Section, the House Committee
18 and Senate Committee shall each convene one or more public
19 hearings to receive comments from agencies of government and
20 other interested parties on the memorandum of understanding's
21 or State Implementation Plan's prospective economic and
22 environmental impacts, including its impacts on energy use,
23 economic development, utility costs and rates, and
24 competitiveness. Additionally, comments shall be received on
25 the prospective economic and environmental impacts, including
26 impacts on energy use, economic development, utility costs
27 and rates, and competitiveness, which may result from
28 implementation of any alternate strategies.
29 (Source: P.A. 89-566, eff. 7-26-96.)
30 (415 ILCS 130/25)
31 Sec. 25. Findings and recommendations to the Governor.
32 (a) Upon completion of the public hearings conducted
33 pursuant to subsection (c) of Section 20 15, the House
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1 Committee and Senate Committee shall each prepare a report
2 containing its findings and recommendations concerning the
3 proposed memorandum of understanding or State Implementation
4 Plan and alternate strategies. The reports shall also
5 contain findings and recommendations concerning the relative
6 net costs and net benefits which might result from
7 implementation of the emission reduction strategies
8 identified in the memorandum of understanding or State
9 Implementation Plan, contrasted with those that might result
10 from implementation of the alternate strategies. The
11 recommendations may include suggested modifications to the
12 terms or applicability of the memorandum of understanding or
13 State Implementation Plan.
14 (b) Upon completion of the reports, the House Committee
15 and Senate Committee shall forward the reports to the Speaker
16 of the House and the Senate President, respectively.
17 (c) Upon receipt of the reports submitted pursuant to
18 subsection (b) of this Section, the Speaker of the House and
19 the Senate President shall forward the reports to the
20 Governor for his or her further consideration or action that
21 may be warranted.
22 (d) In the absence of a resolution or other act of the
23 Illinois General Assembly approving a State Implementation
24 Plan for Illinois relating to ozone, the Director of the
25 Illinois Environmental Protection Agency shall not submit to
26 the United States Environmental Protection Agency a State
27 Implementation Plan relating to ozone attainment that would
28 impose emission controls in Illinois more stringent than
29 necessary for Illinois to demonstrate attainment with a
30 national ambient air quality standard for ozone, unless it
31 can be shown (i) that man-made emissions from man-made
32 sources located within Illinois contribute significantly to
33 nonattainment or inability to maintain an ozone standard in
34 another nonattaining state and (ii) that feasible emission
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1 reductions in the other nonattaining state, absent the more
2 stringent emission controls in Illinois, would not permit
3 that state to demonstrate attainment and maintenance of the
4 national ambient air quality standard for ozone.
5 (Source: P.A. 89-566, eff. 7-26-96.)