Public Act 90-0500 of the 90th General Assembly
Public Act 90-0500
HB1230 Enrolled LRB9003923DPcc
AN ACT to amend the Interstate Ozone Transport Oversight
Act by changing Sections 10, 20, and 25.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Interstate Ozone Transport Oversight Act
is amended by changing Sections 10, 20, and 25 as follows:
(415 ILCS 130/10)
Sec. 10. Definitions. As used in this Act:
"Act" means the Interstate Ozone Transport Oversight Act.
"Alternate strategies" means any alternate strategies
which could reasonably be utilized by the State of Illinois,
in lieu of or in combination with the strategies identified
in any proposed memorandum of understanding or other
agreement developed by the Ozone Transport Assessment Group,
in its efforts to achieve the national ambient air quality
standard for ozone.
"Board" means the Pollution Control Board.
"Director" means the Director of the Illinois
Environmental Protection Agency.
"House Committee" means the Illinois House of
Representatives Committee on Energy and the Environment.
"House of Representatives" means the Illinois House of
Representatives.
"Memorandum of understanding" means a memorandum of
understanding or any other agreement by the Ozone Transport
Assessment Group potentially requiring the State of Illinois
to undertake emission reductions in addition to those
specified in the Clean Air Act Amendments of 1990.
"Ozone Transport Assessment Group" means the national
work group formed to conduct a national assessment of and
develop a consensus solution to the ozone formation and
transport phenomena, including a proposal for national and
regional control strategies aimed at achieving reductions of
ozone and ozone precursor concentrations.
"Senate" means the Illinois Senate.
"Senate Committee" means the Illinois Senate Committee on
Energy and the Environment.
"Senate President" means the President of the Illinois
Senate.
"Speaker of the House" means the Speaker of the Illinois
House of Representatives.
"State Implementation Plan" means an Illinois state
implementation plan for ozone attainment prepared pursuant to
Section 110 of the federal Clean Air Act.
(Source: P.A. 89-566, eff. 7-26-96.)
(415 ILCS 130/20)
Sec. 20. Legislative referral and public hearings.
(a) Not later than 10 days after the development of any
proposed memorandum of understanding by the Ozone Transport
Assessment Group potentially requiring the State of Illinois
to undertake emission reductions in addition to those
specified by the Clean Air Act Amendments of 1990, or
subsequent to the issuance of a request made by the United
States Environmental Protection Agency on or after June 1,
1997 for submission of a State Implementation Plan for
Illinois relating to ozone attainment and before submission
of the Plan, the Director shall submit the proposed
memorandum of understanding or State Implementation Plan to
the House Committee and the Senate Committee for their
consideration. At that time, the Director shall also submit
information detailing any alternate strategies.
(b) To assist the legislative review required by this
Act, the Department of Natural Resources and the Department
of Commerce and Community Affairs shall conduct a joint study
of the impacts on the State's economy which may result from
implementation of the emission reduction strategies contained
within any proposed memorandum of understanding or State
Implementation Plan relating to ozone and from implementation
of any alternate strategies. The study shall include, but
not be limited to, the impacts on economic development,
employment, utility costs and rates, personal income, and
industrial competitiveness which may result from
implementation of the emission reduction strategies contained
within any proposed memorandum of agreement or State
Implementation Plan relating to ozone and from implementation
of any alternate strategies. The study shall be submitted to
the House Committee and Senate Committee not less than 10
days prior to any scheduled hearing conducted pursuant to
subsection (c) of this Section.
(c) Upon receipt of the information required by
subsections (a) and (b) of this Section, the House Committee
and Senate Committee shall each convene one or more public
hearings to receive comments from agencies of government and
other interested parties on the memorandum of understanding's
or State Implementation Plan's prospective economic and
environmental impacts, including its impacts on energy use,
economic development, utility costs and rates, and
competitiveness. Additionally, comments shall be received on
the prospective economic and environmental impacts, including
impacts on energy use, economic development, utility costs
and rates, and competitiveness, which may result from
implementation of any alternate strategies.
(Source: P.A. 89-566, eff. 7-26-96.)
(415 ILCS 130/25)
Sec. 25. Findings and recommendations to the Governor.
(a) Upon completion of the public hearings conducted
pursuant to subsection (c) of Section 20 15, the House
Committee and Senate Committee shall each prepare a report
containing its findings and recommendations concerning the
proposed memorandum of understanding or State Implementation
Plan and alternate strategies. The reports shall also
contain findings and recommendations concerning the relative
net costs and net benefits which might result from
implementation of the emission reduction strategies
identified in the memorandum of understanding or State
Implementation Plan, contrasted with those that might result
from implementation of the alternate strategies. The
recommendations may include suggested modifications to the
terms or applicability of the memorandum of understanding or
State Implementation Plan.
(b) Upon completion of the reports, the House Committee
and Senate Committee shall forward the reports to the Speaker
of the House and the Senate President, respectively.
(c) Upon receipt of the reports submitted pursuant to
subsection (b) of this Section, the Speaker of the House and
the Senate President shall forward the reports to the
Governor for his or her further consideration or action that
may be warranted.
(d) In the absence of a resolution or other act of the
Illinois General Assembly approving a State Implementation
Plan for Illinois relating to ozone, the Director of the
Illinois Environmental Protection Agency shall not submit to
the United States Environmental Protection Agency a State
Implementation Plan relating to ozone attainment that would
impose emission controls in Illinois more stringent than
necessary for Illinois to demonstrate attainment with a
national ambient air quality standard for ozone, unless it
can be shown (i) that man-made emissions from man-made
sources located within Illinois contribute significantly to
nonattainment or inability to maintain an ozone standard in
another nonattaining state and (ii) that feasible emission
reductions in the other nonattaining state, absent the more
stringent emission controls in Illinois, would not permit
that state to demonstrate attainment and maintenance of the
national ambient air quality standard for ozone.
(Source: P.A. 89-566, eff. 7-26-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.