Public Act 90-0797 of the 90th General Assembly

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Public Act 90-0797

HB3129 Re-Enrolled                             LRB9008865THpk

    AN ACT relating to environmental matters, amending  named

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Kyoto Protocol Act of 1998.

    Section 5.  Definitions.  As used in this Act:
    (a)  "FCCC"  means  the  1992  United  Nations  Framework
Convention on Global Climate Change.
    (b)  "Kyoto  Protocol"  means  the protocol to expand the
scope of the FCCC that was negotiated  in  December  1997  in
Kyoto, Japan.

    Section  10.  Findings and purposes. The General Assembly
hereby finds that:
    (1)  The United States is a signatory to the 1992  United
Nations Framework Convention on Global Climate Change.
    (2)  A  protocol  to  expand  the  scope  of the FCCC was
negotiated in December 1997 in Kyoto,  Japan,  requiring  the
United States to reduce emissions of greenhouse gases such as
carbon  dioxide  and  methane by 7% from 1990 emission levels
during the  period  2008  to  2012,  with  similar  reduction
obligations for other major industrial nations.
    (3)  Developing  nations, including China, India, Mexico,
Indonesia,  and  Brazil,  are  exempt  from  greenhouse   gas
emission limitation requirements in the FCCC.
    (4)  Developing nations refused in the Kyoto negotiations
to  accept  any  new  commitments for greenhouse gas emission
limitations through the Kyoto Protocol or other agreements.
    (5)  With respect to  new  commitments  under  the  FCCC,
President  Clinton  pledged  on  October  22, 1997, that "The
United States will not assume binding obligations unless  key
developing nations meaningfully participate in this effort".
    (6)  On  July  25, 1997, the United States Senate adopted
Senate Resolution No. 98 by a vote of  95-0,  expressing  the
sense  of  the  Senate  that,  inter alia, "the United States
should not be  a  signatory  to  any  protocol  to  or  other
agreement  regarding,  the  Framework  Convention  on Climate
Change ... which would require the advice and consent of  the
Senate   to   ratification,   and  which  would  mandate  new
commitments to mitigate  greenhouse  gas  emissions  for  the
Developed  Country  Parties,  unless  the  protocol  or other
agreement also mandates specific scheduled commitments within
the  same  compliance  period  to  mitigate  greenhouse   gas
emissions for Developing Country Parties".
    (7)  The   Kyoto   Protocol   fails  to  meet  the  tests
established for acceptance of new climate change  commitments
by President Clinton and by U.S. Senate Resolution No. 98.
    (8)  Achieving  the  emission  reductions proposed by the
Kyoto Protocol would require more than  a  35%  reduction  in
projected  United  States carbon dioxide and other greenhouse
gas emissions during the period 2008 to 2012.
    (9)  Developing   countries    exempt    from    emission
limitations under the Kyoto Protocol are expected to increase
their rates of fossil fuel use over the next 2 decades and to
surpass  the United States and other industrialized countries
in total emissions of greenhouse gases.
    (10)  Increased  emissions   of   greenhouse   gases   by
developing countries would offset any potential environmental
benefits associated with emissions reductions achieved by the
United States and by other industrial nations.
    (11)  Economic  impact  studies  by  the  U.S. Government
estimate that legally binding requirements for the  reduction
of U.S. greenhouse gases to 1990 emission levels would result
in  the  loss of more than 900,000 jobs in the United States,
sharply increased energy prices, reduced family  incomes  and
wages,  and  severe  losses  of  output  in  energy-intensive
industries  such  as  aluminum, steel, rubber, chemicals, and
    (12)  The  failure  to   provide   for   commitments   by
developing  countries in the Kyoto Protocol creates an unfair
competitive  imbalance  between  industrial  and   developing
nations,  potentially  leading  to  the  transfer of jobs and
industrial development from the United States  to  developing
    (13)  Federal  implementation  of  the Kyoto Protocol, if
ratified by  the  United  States  Senate,  would  entail  new
Congressional  legislation whose form and requirements cannot
be predicted at this time, but could include national  energy
taxes or emission control allocation and trading schemes that
would  preempt  State-specific  programs  intended  to reduce
emissions of greenhouse gases.
    (14)  Piecemeal or other uncoordinated  State  regulatory
initiatives  intended to reduce emissions of greenhouse gases
may   be   inconsistent   with    subsequent    Congressional
determinations concerning the Kyoto Protocol and with related
federal legislation implementing the Kyoto Protocol.
    (15)  Individual  state  responses to the Kyoto Protocol,
including development of new regulatory programs intended  to
reduce  greenhouse  gas  emissions,  are  premature  prior to
Senate ratification of the Protocol in its current or amended
form and  Congressional  enactment  of  related  implementing
    (16)  There   is  neither  federal  nor  State  statutory
authority  for  new  regulatory  programs  or  other  efforts
intended to reduce greenhouse gas emissions for  purposes  of
complying with or facilitating compliance with the provisions
of the Kyoto Protocol.
    Section  15.   Restrictions  on  State  rules  related to
greenhouse gas emissions.
    (a)  Effective immediately, the Environmental  Protection
Agency  and  the Pollution Control Board shall not propose or
adopt any new rule for the intended purpose of addressing the
adverse effects of climate change which in whole or  in  part
reduces  emissions  of  greenhouse  gases, as those gases are
defined  by  the  Kyoto  Protocol,  from   the   residential,
commercial,  industrial,  electric utility, or transportation
sectors. In the absence of an Act  of  the  General  Assembly
approving  such  rules,  the  Director  of  the Environmental
Protection Agency shall not submit to the U.S.  Environmental
Protection  Agency  or  to  any  other  agency of the federal
government any legally enforceable commitments related to the
reduction of greenhouse gases, as those gases are defined  by
the Kyoto Protocol.
    (b)  Nothing  in  this  Section shall be construed to (i)
limit or impede the authority of the  Illinois  Environmental
Protection  Agency  and  Illinois  Pollution Control Board to
propose, adopt, or enforce rules and laws which implement the
federal Clean Air Act or are intended to attain  or  maintain
national  ambient  air  quality  standards;  or (ii) limit or
impede  State  or  private  participation  in  any   on-going
voluntary  initiatives  to  reduce  emissions  of  greenhouse
gases,  including, but not limited to, the U.S. Environmental
Protection Agency's Green Lights program, the U.S. Department
of Energy's Climate Challenge program, and similar State  and
federal   initiatives  relying  on  voluntary  participation,
provided, however, that  said  rule-making  or  participation
does  not  involve  any  allocation  or other distribution of
greenhouse gas emission entitlements  pursuant  to  or  under
color of the Kyoto Protocol.

    Section 20.  Effectiveness.  Section 15 of this Act shall
become inoperative upon ratification of the Kyoto Protocol by
the  United States Senate or if Congress otherwise authorizes
reductions of emissions of the gases described in Section  15
for  the purpose of addressing the adverse effects of climate

    Section 55.   The  Alternate  Fuels  Act  is  amended  by
changing Sections 10 and 25 as follows:

    (415 ILCS 120/10)
    Sec. 10.  Definitions.  As used in this Act:
    "Agency" means the Environmental Protection Agency.
    "Alternate fuel" means liquid petroleum gas, natural gas,
E85  blend  fuel,  fuel  composed  of  a minimum 80% ethanol,
bio-based  methanol,    fuels  derived   from   biomass,   or
    "Alternate  fuel  vehicle"  means  any  vehicle  that  is
operated  in  Illinois  and  is capable of using an alternate
    "Conventional", when used to modify the  word  "vehicle",
"engine",   or  "fuel",  means  gasoline  or  diesel  or  any
reformulations of those fuels.
    "Covered Area" means the counties of Cook, DuPage,  Kane,
Lake,  McHenry,  and  Will  and the townships of AuxSable and
Goose Lake in Grundy County and the  township  of  Oswego  in
Kendall County.
    "Director"   means  the  Director  of  the  Environmental
Protection Agency.
    "Domestic renewable fuel" means a fuel, produced  in  the
United  States,  composed of a minimum 80% ethanol, bio-based
methanol, and fuels derived from bio-mass.
    "E85 blend fuel" means fuel that contains 85% ethanol and
15% gasoline.
    "GVWR" means Gross Vehicle Weight Rating.
    "Location" means (i) a parcel of real  property  or  (ii)
multiple,  contiguous  parcels  of  real  property  that  are
separated    by private roadways, public roadways, or private
or public rights-of-way and are owned, operated,  leased,  or
under common control of one party.
    "Original   equipment  manufacturer"  or  "OEM"  means  a
manufacturer of alternate fuel vehicles or a manufacturer  or
remanufacturer  of  alternate  fuel  engines used in vehicles
greater than 8500 pounds GVWR.
    "Rental vehicle" means any motor vehicle that is owned or
controlled primarily for the purpose of short-term leasing or
rental pursuant to a contract.
(Source: P.A. 89-410.)

    (415 ILCS 120/25)
    Sec. 25.  Ethanol  fuel  research  program.   The  Agency
shall  initiate  a  research  program  to reduce the costs of
producing ethanol fuels and increase the viability of ethanol
fuels, new ethanol engine technologies, and ethanol refueling
infrastructure systems.  This research shall be  funded  from
the  Alternate Fuels Fund.  The research program shall remain
in effect until December 31, 2002 1999, or until funds are no
longer available.
(Source: P.A. 89-410.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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