State of Illinois
90th General Assembly
Legislation

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90_HB1230ccr001

                                           LRB9003923DPcwccr1
 1                        90TH GENERAL ASSEMBLY
 2                     CONFERENCE COMMITTEE REPORT
 3                         ON HOUSE BILL 1230
 4    -------------------------------------------------------------
 5    -------------------------------------------------------------
 6        To the President of the Senate and  the  Speaker  of  the
 7    House of Representatives:
 8        We,  the  conference  committee appointed to consider the
 9    differences  between  the  houses  in  relation   to   Senate
10    Amendment No. 1 to House Bill 1230, recommend the following:
11        (1)  that  the Senate recede from Senate Amendment No. 1;
12    and
13        (2)  that  House  Bill  1230  be  amended  by   replacing
14    everything after the enacting clause with the following:
15        "Section 5.  The Interstate Ozone Transport Oversight Act
16    is amended by changing Sections 10, 20, and 25 as follows:
17        (415 ILCS 130/10)
18        Sec. 10.  Definitions.  As used in this Act:
19        "Act" means the Interstate Ozone Transport Oversight Act.
20        "Alternate  strategies"  means  any  alternate strategies
21    which could reasonably be utilized by the State of  Illinois,
22    in  lieu  of or in combination with the strategies identified
23    in  any  proposed  memorandum  of  understanding   or   other
24    agreement  developed by the Ozone Transport Assessment Group,
25    in its efforts to achieve the national  ambient  air  quality
26    standard for ozone.
27        "Board" means the Pollution Control Board.
28        "Director"   means   the   Director   of   the   Illinois
29    Environmental Protection Agency.
30        "House   Committee"   means   the   Illinois   House   of
31    Representatives Committee on Energy and the Environment.
32        "House  of  Representatives"  means the Illinois House of
                            -2-            LRB9003923DPcwccr1
 1    Representatives.
 2        "Memorandum  of  understanding"  means  a  memorandum  of
 3    understanding or any other agreement by the  Ozone  Transport
 4    Assessment  Group potentially requiring the State of Illinois
 5    to  undertake  emission  reductions  in  addition  to   those
 6    specified in the Clean Air Act Amendments of 1990.
 7        "Ozone  Transport  Assessment  Group"  means the national
 8    work group formed to conduct a  national  assessment  of  and
 9    develop  a  consensus  solution  to  the  ozone formation and
10    transport phenomena, including a proposal  for  national  and
11    regional  control strategies aimed at achieving reductions of
12    ozone and ozone precursor concentrations.
13        "Senate" means the Illinois Senate.
14        "Senate Committee" means the Illinois Senate Committee on
15    Energy and the Environment.
16        "Senate President" means the President  of  the  Illinois
17    Senate.
18        "Speaker  of the House" means the Speaker of the Illinois
19    House of Representatives.
20        "State  Implementation  Plan"  means  an  Illinois  state
21    implementation plan for ozone attainment prepared pursuant to
22    Section 110 of the federal Clean Air Act.
23    (Source: P.A. 89-566, eff. 7-26-96.)
24        (415 ILCS 130/20)
25        Sec. 20.  Legislative referral and public hearings.
26        (a)  Not later than 10 days after the development of  any
27    proposed  memorandum  of understanding by the Ozone Transport
28    Assessment Group potentially requiring the State of  Illinois
29    to   undertake  emission  reductions  in  addition  to  those
30    specified by  the  Clean  Air  Act  Amendments  of  1990,  or
31    subsequent  to  the  issuance of a request made by the United
32    States Environmental Protection Agency on or  after  June  1,
33    1997  for  submission  of  a  State  Implementation  Plan for
34    Illinois relating to ozone attainment and  before  submission
                            -3-            LRB9003923DPcwccr1
 1    of   the   Plan,  the  Director  shall  submit  the  proposed
 2    memorandum of understanding or State Implementation  Plan  to
 3    the  House  Committee  and  the  Senate  Committee  for their
 4    consideration.  At that time, the Director shall also  submit
 5    information detailing any alternate strategies.
 6        (b)  To  assist  the  legislative review required by this
 7    Act, the Department of Natural Resources and  the  Department
 8    of Commerce and Community Affairs shall conduct a joint study
 9    of  the  impacts on the State's economy which may result from
10    implementation of the emission reduction strategies contained
11    within any proposed  memorandum  of  understanding  or  State
12    Implementation Plan relating to ozone and from implementation
13    of  any  alternate  strategies.  The study shall include, but
14    not be limited  to,  the  impacts  on  economic  development,
15    employment,  utility  costs  and  rates, personal income, and
16    industrial   competitiveness   which    may    result    from
17    implementation of the emission reduction strategies contained
18    within   any   proposed  memorandum  of  agreement  or  State
19    Implementation Plan relating to ozone and from implementation
20    of any alternate strategies.  The study shall be submitted to
21    the House Committee and Senate Committee  not  less  than  10
22    days  prior  to  any  scheduled hearing conducted pursuant to
23    subsection (c) of this Section.
24        (c)  Upon  receipt  of  the   information   required   by
25    subsections  (a) and (b) of this Section, the House Committee
26    and Senate Committee shall each convene one  or  more  public
27    hearings  to receive comments from agencies of government and
28    other interested parties on the memorandum of understanding's
29    or  State  Implementation  Plan's  prospective  economic  and
30    environmental impacts, including its impacts on  energy  use,
31    economic   development,   utility   costs   and   rates,  and
32    competitiveness.  Additionally, comments shall be received on
33    the prospective economic and environmental impacts, including
34    impacts on energy use, economic  development,  utility  costs
35    and   rates,  and  competitiveness,  which  may  result  from
                            -4-            LRB9003923DPcwccr1
 1    implementation of any alternate strategies.
 2    (Source: P.A. 89-566, eff. 7-26-96.)
 3        (415 ILCS 130/25)
 4        Sec. 25.  Findings and recommendations to the Governor.
 5        (a)  Upon completion of  the  public  hearings  conducted
 6    pursuant  to  subsection  (c)  of  Section  20  15, the House
 7    Committee and Senate Committee shall each  prepare  a  report
 8    containing  its  findings  and recommendations concerning the
 9    proposed memorandum of understanding or State  Implementation
10    Plan  and  alternate  strategies.   The  reports  shall  also
11    contain  findings and recommendations concerning the relative
12    net  costs  and  net  benefits  which   might   result   from
13    implementation   of   the   emission   reduction   strategies
14    identified  in  the  memorandum  of  understanding  or  State
15    Implementation  Plan, contrasted with those that might result
16    from  implementation  of  the  alternate   strategies.    The
17    recommendations  may  include  suggested modifications to the
18    terms or applicability of the memorandum of understanding  or
19    State Implementation Plan.
20        (b)  Upon  completion of the reports, the House Committee
21    and Senate Committee shall forward the reports to the Speaker
22    of the House and the Senate President, respectively.
23        (c)  Upon receipt of the reports  submitted  pursuant  to
24    subsection  (b) of this Section, the Speaker of the House and
25    the  Senate  President  shall  forward  the  reports  to  the
26    Governor for his or her further consideration or action  that
27    may be warranted.
28        (d)  In  the  absence of a resolution or other act of the
29    Illinois General Assembly approving  a  State  Implementation
30    Plan  for  Illinois  relating  to  ozone, the Director of the
31    Illinois Environmental Protection Agency shall not submit  to
32    the  United  States  Environmental  Protection Agency a State
33    Implementation Plan relating to ozone attainment  that  would
34    impose  emission  controls  in  Illinois  more stringent than
                            -5-            LRB9003923DPcwccr1
 1    necessary for  Illinois  to  demonstrate  attainment  with  a
 2    national  ambient  air  quality standard for ozone, unless it
 3    can be  shown  (i)  that  man-made  emissions  from  man-made
 4    sources  located  within Illinois contribute significantly to
 5    nonattainment or inability to maintain an ozone  standard  in
 6    another  nonattaining  state  and (ii) that feasible emission
 7    reductions in the other nonattaining state, absent  the  more
 8    stringent  emission  controls  in  Illinois, would not permit
 9    that state to demonstrate attainment and maintenance  of  the
10    national ambient air quality standard for ozone.
11    (Source: P.A. 89-566, eff. 7-26-96.)
12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.".
14        Submitted on                     , 1997.
15    ______________________________  _____________________________
16    Senator Luechtefeld             Representative Phelps
17    ______________________________  _____________________________
18    Senator Mahar                   Representative Novak
19    ______________________________  _____________________________
20    Senator Donahue                 Representative Hannig
21    ______________________________  _____________________________
22    Senator Farley                  Representative Churchill
23    ______________________________  _____________________________
24    Senator Trotter                 Representative Bost
25    Committee for the Senate        Committee for the House

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