State of Illinois
90th General Assembly
Legislation

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90_HB1230ham001

                                             LRB9003923DPccam
 1                    AMENDMENT TO HOUSE BILL 1230
 2        AMENDMENT NO.     .  Amend House Bill 1230 on page 1,  in
 3    lines 2 and 6, by replacing "adding Section 30", each time it
 4    appears, with "changing Sections 10, 20, and 25"; and
 5    on  page  1,  immediately  below  line  6,  by  inserting the
 6    following:
 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
                            -2-              LRB9003923DPccam
 1    Representatives.
 2        "Memorandum  of  understanding"  means  a  memorandum  of
 3    understanding  or  any other agreement by the Ozone Transport
 4    Assessment Group potentially requiring the State of  Illinois
 5    to   undertake  emission  reductions  in  addition  to  those
 6    specified in the Clean Air Act Amendments of 1990.
 7        "Ozone Transport Assessment  Group"  means  the  national
 8    work  group  formed  to  conduct a national assessment of and
 9    develop a consensus  solution  to  the  ozone  formation  and
10    transport  phenomena,  including  a proposal for national and
11    regional control strategies aimed at achieving reductions  of
12    ozone and ozone precursor concentrations.
13        "Senate" means the Illinois Senate.
14        "Senate Committee" means the Illinois Senate Committee on
15    Energy and the Environment.
16        "Senate  President"  means  the President of the Illinois
17    Senate.
18        "Speaker of the House" means the Speaker of the  Illinois
19    House of Representatives.
20        "State  Implementation  Plan"  means  an  Illinois  state
21    implementation plan for ozone attainment prepared pursuant to
22    Section 110 of the federal Clean Air Act.
23    (Source: P.A. 89-566, eff. 7-26-96.)
24        (415 ILCS 130/20)
25        Sec. 20.  Legislative referral and public hearings.
26        (a)  Not  later than 10 days after the development of any
27    proposed memorandum of understanding by the  Ozone  Transport
28    Assessment  Group potentially requiring the State of Illinois
29    to  undertake  emission  reductions  in  addition  to   those
30    specified  by  the  Clean  Air  Act  Amendments  of  1990, or
31    subsequent to the issuance of a request by the United  States
32    Environmental  Protection  Agency  for  submission of a State
33    Implementation Plan for Illinois relating to ozone attainment
                            -3-              LRB9003923DPccam
 1    and before submission of the Plan, the Director shall  submit
 2    the   proposed   memorandum   of   understanding   or   State
 3    Implementation  Plan  to  the  House Committee and the Senate
 4    Committee  for  their  consideration.   At  that  time,   the
 5    Director   shall   also   submit  information  detailing  any
 6    alternate strategies.
 7        (b)  To assist the legislative review  required  by  this
 8    Act,  the  Department of Natural Resources and the Department
 9    of Commerce and Community Affairs shall conduct a joint study
10    of the impacts on the State's economy which may  result  from
11    implementation of the emission reduction strategies contained
12    within  any  proposed  memorandum  of  understanding or State
13    Implementation Plan relating to ozone and from implementation
14    of any alternate strategies.  The study  shall  include,  but
15    not  be  limited  to,  the  impacts  on economic development,
16    employment, utility costs and  rates,  personal  income,  and
17    industrial    competitiveness    which    may   result   from
18    implementation of the emission reduction strategies contained
19    within  any  proposed  memorandum  of  agreement   or   State
20    Implementation Plan relating to ozone and from implementation
21    of any alternate strategies.  The study shall be submitted to
22    the  House  Committee  and  Senate Committee not less than 10
23    days prior to any scheduled  hearing  conducted  pursuant  to
24    subsection (c) of this Section.
25        (c)  Upon   receipt   of   the  information  required  by
26    subsections (a) and (b) of this Section, the House  Committee
27    and  Senate  Committee  shall each convene one or more public
28    hearings to receive comments from agencies of government  and
29    other interested parties on the memorandum of understanding's
30    or  State  Implementation  Plan's  prospective  economic  and
31    environmental  impacts,  including its impacts on energy use,
32    economic  development,   utility   costs   and   rates,   and
33    competitiveness.  Additionally, comments shall be received on
34    the prospective economic and environmental impacts, including
                            -4-              LRB9003923DPccam
 1    impacts  on  energy  use, economic development, utility costs
 2    and  rates,  and  competitiveness,  which  may  result   from
 3    implementation of any alternate strategies.
 4    (Source: P.A. 89-566, eff. 7-26-96.)
 5        (415 ILCS 130/25)
 6        Sec. 25.  Findings and recommendations to the Governor.
 7        (a)  Upon  completion  of  the  public hearings conducted
 8    pursuant to subsection  (c)  of  Section  20  15,  the  House
 9    Committee  and  Senate  Committee shall each prepare a report
10    containing its findings and  recommendations  concerning  the
11    proposed  memorandum of understanding or State Implementation
12    Plan  and  alternate  strategies.   The  reports  shall  also
13    contain findings and recommendations concerning the  relative
14    net   costs   and   net  benefits  which  might  result  from
15    implementation   of   the   emission   reduction   strategies
16    identified  in  the  memorandum  of  understanding  or  State
17    Implementation Plan, contrasted with those that might  result
18    from   implementation   of  the  alternate  strategies.   The
19    recommendations may include suggested  modifications  to  the
20    terms  or applicability of the memorandum of understanding or
21    State Implementation Plan.
22        (b)  Upon completion of the reports, the House  Committee
23    and Senate Committee shall forward the reports to the Speaker
24    of the House and the Senate President, respectively.
25        (c)  Upon  receipt  of  the reports submitted pursuant to
26    subsection (b) of this Section, the Speaker of the House  and
27    the  Senate  President  shall  forward  the  reports  to  the
28    Governor  for his or her further consideration or action that
29    may be warranted.
30        (d)  In the absence of a resolution or other act  of  the
31    Illinois  General  Assembly  approving a State Implementation
32    Plan for Illinois relating to  ozone,  the  Director  of  the
33    Illinois  Environmental Protection Agency shall not submit to
                            -5-              LRB9003923DPccam
 1    the United States Environmental  Protection  Agency  a  State
 2    Implementation  Plan  relating to ozone attainment that would
 3    impose emission controls  in  Illinois  more  stringent  than
 4    necessary  for  Illinois  to  demonstrate  attainment  with a
 5    national ambient air quality standard for  ozone,  unless  it
 6    can  be  shown  (i)  that  man-made  emissions  from man-made
 7    sources located within Illinois contribute  significantly  to
 8    nonattainment  or  inability to maintain an ozone standard in
 9    another nonattaining state and (ii)  that  feasible  emission
10    reductions  in  the other nonattaining state, absent the more
11    stringent emission controls in  Illinois,  would  not  permit
12    that  state  to demonstrate attainment and maintenance of the
13    national ambient air quality standard for ozone.
14    (Source: P.A. 89-566, eff. 7-26-96.)"; and
15    on page 1, by deleting lines 7 through 31; and
16    by deleting all of pages 2 through 4.

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