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90_HB3129ren
225 ILCS 720/2.11 from Ch. 96 1/2, par. 7902.11
Amends the Surface Coal Mining Land Conservation and
Reclamation Act. Provides that at any hearing to review a
final decision of the Department on a permit application, a
party seeking to reverse the Department's decision has the
burden of proving the Department's decision was clearly
erroneous. Effective immediately.
LRB9008865THpk
HB3129 Re-Enrolled LRB9008865THpk
1 AN ACT relating to environmental matters, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Kyoto Protocol Act of 1998.
7 Section 5. Definitions. As used in this Act:
8 (a) "FCCC" means the 1992 United Nations Framework
9 Convention on Global Climate Change.
10 (b) "Kyoto Protocol" means the protocol to expand the
11 scope of the FCCC that was negotiated in December 1997 in
12 Kyoto, Japan.
13 Section 10. Findings and purposes. The General Assembly
14 hereby finds that:
15 (1) The United States is a signatory to the 1992 United
16 Nations Framework Convention on Global Climate Change.
17 (2) A protocol to expand the scope of the FCCC was
18 negotiated in December 1997 in Kyoto, Japan, requiring the
19 United States to reduce emissions of greenhouse gases such as
20 carbon dioxide and methane by 7% from 1990 emission levels
21 during the period 2008 to 2012, with similar reduction
22 obligations for other major industrial nations.
23 (3) Developing nations, including China, India, Mexico,
24 Indonesia, and Brazil, are exempt from greenhouse gas
25 emission limitation requirements in the FCCC.
26 (4) Developing nations refused in the Kyoto negotiations
27 to accept any new commitments for greenhouse gas emission
28 limitations through the Kyoto Protocol or other agreements.
29 (5) With respect to new commitments under the FCCC,
30 President Clinton pledged on October 22, 1997, that "The
HB3129 Re-Enrolled -2- LRB9008865THpk
1 United States will not assume binding obligations unless key
2 developing nations meaningfully participate in this effort".
3 (6) On July 25, 1997, the United States Senate adopted
4 Senate Resolution No. 98 by a vote of 95-0, expressing the
5 sense of the Senate that, inter alia, "the United States
6 should not be a signatory to any protocol to or other
7 agreement regarding, the Framework Convention on Climate
8 Change ... which would require the advice and consent of the
9 Senate to ratification, and which would mandate new
10 commitments to mitigate greenhouse gas emissions for the
11 Developed Country Parties, unless the protocol or other
12 agreement also mandates specific scheduled commitments within
13 the same compliance period to mitigate greenhouse gas
14 emissions for Developing Country Parties".
15 (7) The Kyoto Protocol fails to meet the tests
16 established for acceptance of new climate change commitments
17 by President Clinton and by U.S. Senate Resolution No. 98.
18 (8) Achieving the emission reductions proposed by the
19 Kyoto Protocol would require more than a 35% reduction in
20 projected United States carbon dioxide and other greenhouse
21 gas emissions during the period 2008 to 2012.
22 (9) Developing countries exempt from emission
23 limitations under the Kyoto Protocol are expected to increase
24 their rates of fossil fuel use over the next 2 decades and to
25 surpass the United States and other industrialized countries
26 in total emissions of greenhouse gases.
27 (10) Increased emissions of greenhouse gases by
28 developing countries would offset any potential environmental
29 benefits associated with emissions reductions achieved by the
30 United States and by other industrial nations.
31 (11) Economic impact studies by the U.S. Government
32 estimate that legally binding requirements for the reduction
33 of U.S. greenhouse gases to 1990 emission levels would result
34 in the loss of more than 900,000 jobs in the United States,
HB3129 Re-Enrolled -3- LRB9008865THpk
1 sharply increased energy prices, reduced family incomes and
2 wages, and severe losses of output in energy-intensive
3 industries such as aluminum, steel, rubber, chemicals, and
4 utilities.
5 (12) The failure to provide for commitments by
6 developing countries in the Kyoto Protocol creates an unfair
7 competitive imbalance between industrial and developing
8 nations, potentially leading to the transfer of jobs and
9 industrial development from the United States to developing
10 countries.
11 (13) Federal implementation of the Kyoto Protocol, if
12 ratified by the United States Senate, would entail new
13 Congressional legislation whose form and requirements cannot
14 be predicted at this time, but could include national energy
15 taxes or emission control allocation and trading schemes that
16 would preempt State-specific programs intended to reduce
17 emissions of greenhouse gases.
18 (14) Piecemeal or other uncoordinated State regulatory
19 initiatives intended to reduce emissions of greenhouse gases
20 may be inconsistent with subsequent Congressional
21 determinations concerning the Kyoto Protocol and with related
22 federal legislation implementing the Kyoto Protocol.
23 (15) Individual state responses to the Kyoto Protocol,
24 including development of new regulatory programs intended to
25 reduce greenhouse gas emissions, are premature prior to
26 Senate ratification of the Protocol in its current or amended
27 form and Congressional enactment of related implementing
28 legislation.
29 (16) There is neither federal nor State statutory
30 authority for new regulatory programs or other efforts
31 intended to reduce greenhouse gas emissions for purposes of
32 complying with or facilitating compliance with the provisions
33 of the Kyoto Protocol.
HB3129 Re-Enrolled -4- LRB9008865THpk
1 Section 15. Restrictions on State rules related to
2 greenhouse gas emissions.
3 (a) Effective immediately, the Environmental Protection
4 Agency and the Pollution Control Board shall not propose or
5 adopt any new rule for the intended purpose of addressing the
6 adverse effects of climate change which in whole or in part
7 reduces emissions of greenhouse gases, as those gases are
8 defined by the Kyoto Protocol, from the residential,
9 commercial, industrial, electric utility, or transportation
10 sectors. In the absence of an Act of the General Assembly
11 approving such rules, the Director of the Environmental
12 Protection Agency shall not submit to the U.S. Environmental
13 Protection Agency or to any other agency of the federal
14 government any legally enforceable commitments related to the
15 reduction of greenhouse gases, as those gases are defined by
16 the Kyoto Protocol.
17 (b) Nothing in this Section shall be construed to (i)
18 limit or impede the authority of the Illinois Environmental
19 Protection Agency and Illinois Pollution Control Board to
20 propose, adopt, or enforce rules and laws which implement the
21 federal Clean Air Act or are intended to attain or maintain
22 national ambient air quality standards; or (ii) limit or
23 impede State or private participation in any on-going
24 voluntary initiatives to reduce emissions of greenhouse
25 gases, including, but not limited to, the U.S. Environmental
26 Protection Agency's Green Lights program, the U.S. Department
27 of Energy's Climate Challenge program, and similar State and
28 federal initiatives relying on voluntary participation,
29 provided, however, that said rule-making or participation
30 does not involve any allocation or other distribution of
31 greenhouse gas emission entitlements pursuant to or under
32 color of the Kyoto Protocol.
33 Section 20. Effectiveness. Section 15 of this Act shall
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1 become inoperative upon ratification of the Kyoto Protocol by
2 the United States Senate or if Congress otherwise authorizes
3 reductions of emissions of the gases described in Section 15
4 for the purpose of addressing the adverse effects of climate
5 change.
6 Section 55. The Alternate Fuels Act is amended by
7 changing Sections 10 and 25 as follows:
8 (415 ILCS 120/10)
9 Sec. 10. Definitions. As used in this Act:
10 "Agency" means the Environmental Protection Agency.
11 "Alternate fuel" means liquid petroleum gas, natural gas,
12 E85 blend fuel, fuel composed of a minimum 80% ethanol,
13 bio-based methanol, fuels derived from biomass, or
14 electricity.
15 "Alternate fuel vehicle" means any vehicle that is
16 operated in Illinois and is capable of using an alternate
17 fuel.
18 "Conventional", when used to modify the word "vehicle",
19 "engine", or "fuel", means gasoline or diesel or any
20 reformulations of those fuels.
21 "Covered Area" means the counties of Cook, DuPage, Kane,
22 Lake, McHenry, and Will and the townships of AuxSable and
23 Goose Lake in Grundy County and the township of Oswego in
24 Kendall County.
25 "Director" means the Director of the Environmental
26 Protection Agency.
27 "Domestic renewable fuel" means a fuel, produced in the
28 United States, composed of a minimum 80% ethanol, bio-based
29 methanol, and fuels derived from bio-mass.
30 "E85 blend fuel" means fuel that contains 85% ethanol and
31 15% gasoline.
32 "GVWR" means Gross Vehicle Weight Rating.
HB3129 Re-Enrolled -6- LRB9008865THpk
1 "Location" means (i) a parcel of real property or (ii)
2 multiple, contiguous parcels of real property that are
3 separated by private roadways, public roadways, or private
4 or public rights-of-way and are owned, operated, leased, or
5 under common control of one party.
6 "Original equipment manufacturer" or "OEM" means a
7 manufacturer of alternate fuel vehicles or a manufacturer or
8 remanufacturer of alternate fuel engines used in vehicles
9 greater than 8500 pounds GVWR.
10 "Rental vehicle" means any motor vehicle that is owned or
11 controlled primarily for the purpose of short-term leasing or
12 rental pursuant to a contract.
13 (Source: P.A. 89-410.)
14 (415 ILCS 120/25)
15 Sec. 25. Ethanol fuel research program. The Agency
16 shall initiate a research program to reduce the costs of
17 producing ethanol fuels and increase the viability of ethanol
18 fuels, new ethanol engine technologies, and ethanol refueling
19 infrastructure systems. This research shall be funded from
20 the Alternate Fuels Fund. The research program shall remain
21 in effect until December 31, 2002 1999, or until funds are no
22 longer available.
23 (Source: P.A. 89-410.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.