Public Act 90-0797 of the 90th General Assembly
Public Act 90-0797
HB3129 Re-Enrolled LRB9008865THpk
AN ACT relating to environmental matters, amending named
Acts.
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
utilities.
(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
countries.
(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
legislation.
(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
change.
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
electricity.
"Alternate fuel vehicle" means any vehicle that is
operated in Illinois and is capable of using an alternate
fuel.
"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.