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92_HB0885ham001
LRB9205012LBtmam
1 AMENDMENT TO HOUSE BILL 885
2 AMENDMENT NO. . Amend House Bill 885 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by adding Section 9.10 as follows:
6 (415 ILCS 5/9.10 new)
7 Sec. 9.10. Fossil fuel-fired electric generating plants.
8 (a) The General Assembly finds and declares that:
9 (1) fossil fuel-fired electric generating plants
10 are a significant source of air emissions in this State
11 and have become the subject of a number of important new
12 studies of their effects on the public health;
13 (2) existing state and federal policies, that allow
14 older, unmodified plants to operate without meeting the
15 more stringent requirements applicable to new plants, are
16 being questioned on the basis of their environmental
17 impacts and the economic distortions such policies cause
18 in a deregulated energy market;
19 (3) fossil fuel-fired electric generating plants
20 are, or may be, affected by a number of regulatory
21 programs, some of which are under review or development
22 on the state and national levels, and to a certain extent
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1 the international level, including the federal acid rain
2 program, ozone, sulfur dioxide, mercury and other
3 hazardous pollutant control requirements, regional haze,
4 and global warming;
5 (4) scientific uncertainty regarding the formation
6 of certain components of regional haze and the air
7 quality modeling that predict impacts of control measures
8 requires careful consideration of the timing of the
9 control of some of the pollutants from these facilities,
10 particularly sulfur dioxides and nitrogen oxides that
11 each interact with ammonia and other substances in the
12 atmosphere;
13 (5) the development of energy policies to promote a
14 safe, sufficient, reliable, and affordable energy supply
15 on the state and national levels is being affected by the
16 on-going deregulation of the power generation industry
17 and the evolving energy markets;
18 (6) the Governor's formation of an Energy Cabinet
19 and the development of a State energy policy calls for
20 actions by the Agency and the Board that are in harmony
21 with the energy needs and policy of the State, while
22 protecting human health and the environment;
23 (7) Illinois coal is an abundant resource and an
24 important component of Illinois economy whose use should
25 be encouraged to the greatest extent possible consistent
26 with protecting human health and the environment;
27 (8) renewable forms of energy should be promoted as
28 important elements of the energy and environmental
29 policies of the State and that it is a goal of the State
30 that at least 5% of the State's energy production and use
31 be derived from renewable forms of energy by 2010 and at
32 least 15% from renewables by 2020;
33 (9) efforts on the state and federal levels are
34 underway to consider the multiple environmental
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1 regulations affecting electric generating plants in order
2 to improve the ability of government and the affected
3 industry to engage in effective planning through the use
4 of multi-pollutant strategies; and,
5 (10) these issues, taken together, call for a
6 comprehensive review of the impact of these facilities on
7 the public health, considering also the energy supply,
8 reliability, and costs, the role of renewable forms of
9 energy, and the developments in federal law and
10 regulations that may affect any state actions, prior to
11 making final decisions in Illinois.
12 (b) In order to protect and preserve public health and
13 the environment, the Illinois Environmental Protection Agency
14 shall, on or before June 30, 2002, propose regulations to the
15 Board that provide for the control or reduction of emissions
16 from fossil fuel-fired electric generating plants, including
17 the following provisions:
18 (1) reduction of nitrogen oxide emissions, as
19 appropriate, with consideration of maximum annual
20 emissions limits and establishment of an emissions
21 trading program consistent with the emissions trading
22 program contained in the NOx SIP Call or any other
23 applicable federal program or requirement;
24 (2) reduction of sulfur dioxide emissions, as
25 appropriate, with consideration of maximum annual
26 emissions limits and establishment of an emissions
27 trading program that is coordinated with the federal acid
28 rain program;
29 (3) reduction of mercury, as appropriate, through
30 the establishment of control technology requirements,
31 industry practice requirements, or incentive programs, or
32 some combination of these approaches that is sufficient
33 to prevent unacceptable local impacts from individual
34 facilities;
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1 (4) capping of the aggregate emissions of carbon
2 dioxide that fossil fuel-fired electric generating
3 facilities in the State would be permitted to emit each
4 calendar year using any combination of emission
5 limitations, carbon sequestration strategies, or
6 emissions trading; and
7 (5) incentives to promote renewable sources of
8 energy consistent with the goal set forth in item (8) of
9 subsection (a) of this Section.
10 In proposing these emission reductions, the Illinois
11 Environmental Protection Agency shall take into account the
12 findings and declarations of the General Assembly contained
13 in subsection (a) of this Section and shall consider the
14 threat to human and ecological health, the technological
15 feasibility of emission controls, and the economic
16 reasonableness of such controls.
17 (c) The Board shall adopt regulations within one year of
18 the Agency's proposal consistent with the provisions in
19 subsection (b) of this Section and taking into account the
20 findings and declarations of the General Assembly contained
21 in subsection (a) of this Section.
22 (d) Nothing in this Section is intended to or should be
23 interpreted in a manner to limit or restrict the authority of
24 the Agency to propose, or the Board to adopt, any regulations
25 applicable or that may become applicable to the facilities
26 covered by this Section, including any requirements of
27 federal law.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".