State of Illinois
91st General Assembly
Legislation

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91_HB4305

 
                                               LRB9110590ACtm

 1        AN ACT in relation to clean air and the creation of  coal
 2    mining jobs in the State of Illinois.

 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    Illinois Clean Air and Coal Mining Jobs Act.

 7        Section  5.  Definitions.  For the purposes of  this Act:
 8       "Generating  unit"  means   any   coal-fired   electricity
 9    generating facility with a nameplate capacity of 15 megawatts
10    or greater used primarily to generate electricity for sale.
11        "Department"   means   the  Department  of  Commerce  and
12    Community Affairs.

13        Section  10.   Air   emissions   standards   for   fossil
14    coal-fired generating units.
15        (a)  On  or  after  January  1, 2006, notwithstanding any
16    other requirements applicable to such units, emissions of air
17    pollutants from coal-fired  electric  generating  units  with
18    nameplate  capacity  greater   than or equal to 340 megawatts
19    shall not exceed the following:
20             (1)  Sulfur dioxide emissions shall not  exceed  3.0
21        pounds  per megawatt hour and total annual sulfur dioxide
22        emissions shall not exceed 3.0 pounds multiplied  by  the
23        average  megawatt  hours  generated  by  the units in the
24        calendar years 1996 through 1998.
25             (2)  Nitrogen oxide emissions shall not  exceed  1.5
26        pounds  multiplied  by  the average annual megawatt hours
27        generated by the units in the calendar years 1996 through
28        1998.
29        (b)  On or after January  1,  2006,  notwithstanding  any
30    other  requirements applicable to such units, total emissions
 
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 1    from coal-fired electric generating units  with  a  nameplate
 2    capacity  of  less  than  340  megawatts  shall  not exceed a
 3    statewide emissions cap based on the following:
 4             (1)  Total annual sulfur dioxide emissions shall not
 5        exceed 3.0 pounds per megawatt  hour  multiplied  by  the
 6        average  megawatt  hours  generated  by such units in the
 7        calendar years 1996 through 1999.
 8             (2)  Total annual nitrogen oxide emissions shall not
 9        exceed 1.5 pounds per megawatt  hour  multiplied  by  the
10        average  megawatt  hours  generated  by such units in the
11        calendar years 1996 through 1999.

12        Section 15.  Rules.  Not later than  2  years  after  the
13    effective  date  of  this  Section,  the  Illinois  Pollution
14    Control Board shall promulgate rules to achieve the emissions
15    reduction   requirements   specified  in  Section  10.   Such
16    regulations shall  include  implementation  of  the  emission
17    reduction  objectives specified in subsections (a) and (b) of
18    Section 10 through an emission  cap  and  trading  mechanism.
19    Such  regulations  shall  achieve  the objectives in a manner
20    that the Board determines  will  allocate  required  emission
21    reductions equitably, taking into account emission reductions
22    achieved  prior  to  effective date of the requirements under
23    Section 10, the  economic  benefits  of  promoting  sales  of
24    Illinois coal, and other relevant factors.

25        Section 905. The Energy Conservation and Coal Development
26    Act is amended by adding Section 8.2 as follows:

27        (20 ILCS 1105/8.2  new)
28        Sec.  8.2.   The  Illinois  Clean  Air Jobs Program.  The
29    Department of Commerce and Community Affairs shall  have  the
30    power  to  assist  in  funding the cost of sulfur dioxide and
31    nitrogen  oxide  emission  control  systems  for   coal-fired
 
                            -3-                LRB9110590ACtm
 1    generating  units  included  under Section 10 of the Illinois
 2    Clean Air and Coal Mining Jobs Act in accordance with Section
 3    7 of the General  Obligation  Bond  Act,  provided  that  the
 4    funding  of  any such system shall not exceed predicted State
 5    and local tax revenues that  the  Department  estimates  will
 6    occur  as  a  result  of  the  operation of the system over a
 7    period not to exceed 5 years from issuance  of  an  operating
 8    permit for the system under Section 39.5 of the Environmental
 9    Protection  Act.  In determining  predicted tax revenues, the
10    Department shall  include taxes generated by mining and  fuel
11    processing,  but  shall  not include property, sales, use, or
12    income taxes required  by  the  owner  or   operator  of  the
13    system.

14        Section  910.  The General Obligation Bond Act is amended
15    by changing Section 7 as follows:

16        (30 ILCS 330/7) (from Ch. 127, par. 657)
17        Sec. 7. Coal  and  Energy  Development.   The  amount  of
18    $263,200,000  $163,200,000  is  authorized  to be used by the
19    Department of Commerce and Community  Affairs  for  coal  and
20    energy  development  purposes,  pursuant to Sections 2, 3 and
21    3.1 of the Illinois Coal and Energy Development Bond Act, and
22    for the purposes specified  in  Section  8.1  of  the  Energy
23    Conservation  and  Coal  Development  Act.   Of  this  amount
24    $115,000,000  is  for  the  specific purposes of acquisition,
25    development,   construction,   reconstruction,   improvement,
26    financing,   architectural   and   technical   planning   and
27    installation of capital facilities consisting  of  buildings,
28    structures,  durable  equipment,  and land for the purpose of
29    capital development of coal resources within  the  State  and
30    for  the  purposes  specified  in  Section  8.1 of the Energy
31    Conservation and Coal Development Act, $35,000,000 is for the
32    purposes specified in Section 8.1 of the Energy  Conservation
 
                            -4-                LRB9110590ACtm
 1    and  Coal  Development  Act, $100,000,000 is for the purposes
 2    specified in Section 8.2 of the Energy Conservation and  Coal
 3    Development  Act,  and  making  a  grant  to  the  owner of a
 4    generating station located in Illinois and  having  at  least
 5    three  coal-fired  generating  units  with  accredited summer
 6    capability greater than 500 megawatts each at such generating
 7    station as provided  in  Section  6  of  that  Bond  Act  and
 8    $13,200,000 is for research, development and demonstration of
 9    forms  of energy other than that derived from coal, either on
10    or off State property.
11    (Source: P.A.  89-445,  eff.  2-7-96;  90-312,  eff.  8-1-97;
12    90-549, eff. 12-8-97.)

13        Section 999.  Effective date.  This Act takes effect upon
14    becoming law.

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