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90_HB1230ham001 LRB9003923DPccam 1 AMENDMENT TO HOUSE BILL 1230 2 AMENDMENT NO. . Amend House Bill 1230 on page 1, in 3 lines 2 and 6, by replacing "adding Section 30", each time it 4 appears, with "changing Sections 10, 20, and 25"; and 5 on page 1, immediately below line 6, by inserting the 6 following: 7 "(415 ILCS 130/10) 8 Sec. 10. Definitions. As used in this Act: 9 "Act" means the Interstate Ozone Transport Oversight Act. 10 "Alternate strategies" means any alternate strategies 11 which could reasonably be utilized by the State of Illinois, 12 in lieu of or in combination with the strategies identified 13 in any proposed memorandum of understanding or other 14 agreement developed by the Ozone Transport Assessment Group, 15 in its efforts to achieve the national ambient air quality 16 standard for ozone. 17 "Board" means the Pollution Control Board. 18 "Director" means the Director of the Illinois 19 Environmental Protection Agency. 20 "House Committee" means the Illinois House of 21 Representatives Committee on Energy and the Environment. 22 "House of Representatives" means the Illinois House of -2- LRB9003923DPccam 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 by the United States 32 Environmental Protection Agency for submission of a State 33 Implementation Plan for Illinois relating to ozone attainment -3- LRB9003923DPccam 1 and before submission of the Plan, the Director shall submit 2 the proposed memorandum of understanding or State 3 Implementation Plan to the House Committee and the Senate 4 Committee for their consideration. At that time, the 5 Director shall also submit information detailing any 6 alternate strategies. 7 (b) To assist the legislative review required by this 8 Act, the Department of Natural Resources and the Department 9 of Commerce and Community Affairs shall conduct a joint study 10 of the impacts on the State's economy which may result from 11 implementation of the emission reduction strategies contained 12 within any proposed memorandum of understanding or State 13 Implementation Plan relating to ozone and from implementation 14 of any alternate strategies. The study shall include, but 15 not be limited to, the impacts on economic development, 16 employment, utility costs and rates, personal income, and 17 industrial competitiveness which may result from 18 implementation of the emission reduction strategies contained 19 within any proposed memorandum of agreement or State 20 Implementation Plan relating to ozone and from implementation 21 of any alternate strategies. The study shall be submitted to 22 the House Committee and Senate Committee not less than 10 23 days prior to any scheduled hearing conducted pursuant to 24 subsection (c) of this Section. 25 (c) Upon receipt of the information required by 26 subsections (a) and (b) of this Section, the House Committee 27 and Senate Committee shall each convene one or more public 28 hearings to receive comments from agencies of government and 29 other interested parties on the memorandum of understanding's 30 or State Implementation Plan's prospective economic and 31 environmental impacts, including its impacts on energy use, 32 economic development, utility costs and rates, and 33 competitiveness. Additionally, comments shall be received on 34 the prospective economic and environmental impacts, including -4- LRB9003923DPccam 1 impacts on energy use, economic development, utility costs 2 and rates, and competitiveness, which may result from 3 implementation of any alternate strategies. 4 (Source: P.A. 89-566, eff. 7-26-96.) 5 (415 ILCS 130/25) 6 Sec. 25. Findings and recommendations to the Governor. 7 (a) Upon completion of the public hearings conducted 8 pursuant to subsection (c) of Section 2015, the House 9 Committee and Senate Committee shall each prepare a report 10 containing its findings and recommendations concerning the 11 proposed memorandum of understanding or State Implementation 12 Plan and alternate strategies. The reports shall also 13 contain findings and recommendations concerning the relative 14 net costs and net benefits which might result from 15 implementation of the emission reduction strategies 16 identified in the memorandum of understanding or State 17 Implementation Plan, contrasted with those that might result 18 from implementation of the alternate strategies. The 19 recommendations may include suggested modifications to the 20 terms or applicability of the memorandum of understanding or 21 State Implementation Plan. 22 (b) Upon completion of the reports, the House Committee 23 and Senate Committee shall forward the reports to the Speaker 24 of the House and the Senate President, respectively. 25 (c) Upon receipt of the reports submitted pursuant to 26 subsection (b) of this Section, the Speaker of the House and 27 the Senate President shall forward the reports to the 28 Governor for his or her further consideration or action that 29 may be warranted. 30 (d) In the absence of a resolution or other act of the 31 Illinois General Assembly approving a State Implementation 32 Plan for Illinois relating to ozone, the Director of the 33 Illinois Environmental Protection Agency shall not submit to -5- LRB9003923DPccam 1 the United States Environmental Protection Agency a State 2 Implementation Plan relating to ozone attainment that would 3 impose emission controls in Illinois more stringent than 4 necessary for Illinois to demonstrate attainment with a 5 national ambient air quality standard for ozone, unless it 6 can be shown (i) that man-made emissions from man-made 7 sources located within Illinois contribute significantly to 8 nonattainment or inability to maintain an ozone standard in 9 another nonattaining state and (ii) that feasible emission 10 reductions in the other nonattaining state, absent the more 11 stringent emission controls in Illinois, would not permit 12 that state to demonstrate attainment and maintenance of the 13 national ambient air quality standard for ozone. 14 (Source: P.A. 89-566, eff. 7-26-96.)"; and 15 on page 1, by deleting lines 7 through 31; and 16 by deleting all of pages 2 through 4.