Environmental Health Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 5254
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2 | AMENDMENT NO. ______. Amend House Bill 5254 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 5. | ||||||
5 | Section 5-1. Short title. This Article may be cited as the | ||||||
6 | Global Warming Response Act. References in this Article to | ||||||
7 | "this Act" mean this Article. | ||||||
8 | Section 5-5. Findings. | ||||||
9 | (a) The world's scientists have formed a near-unanimous | ||||||
10 | chorus, warning that pollution primarily caused by burning | ||||||
11 | fossil fuels are causing the temperature of the Earth to rise.
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12 | (b) Warning signs of global warming are being discovered | ||||||
13 | and reported throughout the world. Melting glaciers, severe | ||||||
14 | storms, prolonged drought, reduced mountain snow-pack, and | ||||||
15 | dying coral reefs are among the signs that global warming is |
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1 | underway.
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2 | (c) Decisive action at the international, national, State, | ||||||
3 | and local levels to address the threat of global warming is | ||||||
4 | necessary to meet the challenge posed by global warming.
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5 | (d) Illinois business and industry will benefit from | ||||||
6 | proactive policies that will ensure that we remain competitive | ||||||
7 | as the world's economy shifts from high-carbon to low-carbon | ||||||
8 | energy technologies.
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9 | (e) By exercising a global leadership role, Illinois will | ||||||
10 | also position its economy, technology centers, financial | ||||||
11 | institutions, and businesses to benefit from national and | ||||||
12 | international efforts to reduce emissions of greenhouse gases.
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13 | (f) Many of the clean energy policies that reduce global | ||||||
14 | warming pollution also provide economic and quality of life | ||||||
15 | benefits such as reduced energy bills, green space | ||||||
16 | preservation, air quality improvements, reduced traffic | ||||||
17 | congestion, improved transportation choices, and economic | ||||||
18 | development and job creation through energy conservation and | ||||||
19 | new energy technologies.
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20 | (g) According to an analysis performed by ICF | ||||||
21 | International, reducing global warming pollution in Illinois | ||||||
22 | to 1990 levels by 2020, and using clean energy technologies to | ||||||
23 | meet these caps, will cause job growth, growth in the gross | ||||||
24 | state product, and will save consumers money compared with a | ||||||
25 | do-nothing scenario. | ||||||
26 | (h) In the absence of a federal policy, states and cities |
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1 | are establishing their own plans to reduce carbon dioxide and | ||||||
2 | other greenhouse gas emissions. For example, 15 states have | ||||||
3 | economy-wide global warming pollution reduction goals, 13 | ||||||
4 | states have regulated global warming pollution from automobile | ||||||
5 | tailpipes, and 10 states have set limits on global warming | ||||||
6 | pollution from power plants.
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7 | (i) The mayors of more than 750 U.S. cities, including 27 | ||||||
8 | Illinois cities representing over 30% of Illinois' population, | ||||||
9 | have signed the U.S. Mayors Climate Protection Agreement, | ||||||
10 | pledging to reduce greenhouse emissions in their own cities to | ||||||
11 | 7% below 1990 levels by 2012. The State encourages these local | ||||||
12 | initiatives and should seek to encourage their success with its | ||||||
13 | policies and programs.
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14 | (j) It is the intent of the General Assembly that the | ||||||
15 | Illinois Environmental Protection Agency, in consultation with | ||||||
16 | State agencies and stakeholders, including the environmental | ||||||
17 | justice community, industry sectors, business groups, academic | ||||||
18 | institutions, environmental organizations, and others, | ||||||
19 | implement the global warming pollution reduction targets in | ||||||
20 | this Act in the manner that minimizes costs and maximizes | ||||||
21 | benefits for Illinois's economy, improves and modernizes | ||||||
22 | Illinois's energy infrastructure and maintains electric system | ||||||
23 | reliability, maximizes additional environmental and economic | ||||||
24 | co-benefits for Illinois, and complements the State's efforts | ||||||
25 | to improve air quality.
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26 | (k) Twelve Midwest states, including Illinois, have |
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1 | entered into an agreement to promote global warming solutions | ||||||
2 | in the Midwest, and the Governors of Illinois, Iowa, Michigan, | ||||||
3 | Minnesota, and Wisconsin have entered into an agreement to | ||||||
4 | jointly develop greenhouse gas emissions reduction targets in | ||||||
5 | these states and to establish market-based mechanisms that | ||||||
6 | allow for the greatest efficiency in reaching those targets. | ||||||
7 | The General Assembly supports this collaboration and | ||||||
8 | Illinois's participation in it. | ||||||
9 | (l) The consequences of climate change that are projected, | ||||||
10 | and probably already beginning, to occur in Illinois pose grave | ||||||
11 | risks to Illinois' economy, public health, and environment. | ||||||
12 | Potential negative impacts include disruptions to Illinois | ||||||
13 | agriculture, greater frequency of extreme weather events, | ||||||
14 | water supply shortages, spread of tropical diseases not | ||||||
15 | historically present in Illinois, and increased ozone levels. | ||||||
16 | It is the responsibility of the State to act to take action to | ||||||
17 | prevent or lessen these impacts. | ||||||
18 | Section 5-10. Definitions. As used in this Act: | ||||||
19 | "Allowance" means an authorization to emit, during a | ||||||
20 | specified year, up to one ton of carbon dioxide equivalent.
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21 | "Alternative compliance mechanism" means an action | ||||||
22 | undertaken by a greenhouse gas emission source that achieves | ||||||
23 | the equivalent reduction of greenhouse gas emissions over the | ||||||
24 | same time period as a direct emission reduction and that is | ||||||
25 | approved by the Illinois Environmental Protection Agency.
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1 | "Board" means the Illinois Pollution Control Board.
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2 | "Carbon dioxide equivalent" means the amount of carbon | ||||||
3 | dioxide by weight that would produce the same global warming | ||||||
4 | impact as a given weight of another greenhouse gas, based on | ||||||
5 | the best available science, including that from the | ||||||
6 | Intergovernmental Panel on Climate Change.
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7 | "Cost-effective" or "cost-effectiveness" means the cost | ||||||
8 | per unit of reduced emissions of greenhouse gases adjusted for | ||||||
9 | its global warming potential.
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10 | "Direct emission reduction" means a greenhouse gas | ||||||
11 | emission reduction action made by a greenhouse gas emission | ||||||
12 | source at that source.
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13 | "Emissions reduction measure" means programs, measures, | ||||||
14 | standards, and alternative compliance mechanisms authorized | ||||||
15 | pursuant to this Act, applicable to sources or categories of | ||||||
16 | sources, that are designed to reduce emissions of greenhouse | ||||||
17 | gases.
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18 | "Greenhouse gas" or "greenhouse gases" includes all of the | ||||||
19 | following gases: carbon dioxide, methane, nitrous oxide, | ||||||
20 | hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
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21 | "Greenhouse gas emission limit" means an authorization, | ||||||
22 | during a specified year, to emit up to a level of greenhouse | ||||||
23 | gases specified by the Illinois Environmental Protection | ||||||
24 | Agency, expressed in tons of carbon dioxide equivalents.
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25 | "Greenhouse gas emission source" or "source" means any | ||||||
26 | source or category of sources of greenhouse gas emissions whose |
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1 | emissions are at a level of significance as determined by the | ||||||
2 | Illinois Environmental Protection Agency that its | ||||||
3 | participation in this program will enable the State to | ||||||
4 | effectively reduce greenhouse gas emissions and monitor | ||||||
5 | compliance with the statewide greenhouse gas emissions limit.
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6 | "Leakage" means a reduction in emissions of greenhouse | ||||||
7 | gases within the State that is offset by an increase in | ||||||
8 | emissions of greenhouse gases outside the State.
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9 | "Market-based compliance mechanism" means either of the | ||||||
10 | following: | ||||||
11 | (1) A system of market-based, declining, annual | ||||||
12 | aggregate emissions limitations for sources or categories | ||||||
13 | of sources that emit greenhouse gases. | ||||||
14 | (2) Greenhouse gas emissions exchanges, banking, | ||||||
15 | credits, and other transactions, governed by rules and | ||||||
16 | protocols established by the Illinois Environmental | ||||||
17 | Protection Agency, that result in the same greenhouse gas | ||||||
18 | emission reduction over the same time period as direct | ||||||
19 | compliance with a greenhouse gas emission limit or emission | ||||||
20 | reduction measure adopted by the State agency pursuant to | ||||||
21 | this division.
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22 | "State agency" means the Illinois Environmental Protection | ||||||
23 | Agency.
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24 | "Statewide greenhouse gas emissions" means the total | ||||||
25 | annual emissions of greenhouse gases in the State. Statewide | ||||||
26 | emissions shall be expressed in tons of carbon dioxide |
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1 | equivalents.
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2 | "Statewide greenhouse gas emissions limit" means the | ||||||
3 | maximum allowable level of statewide greenhouse gas emissions | ||||||
4 | in 2020, as determined by the State agency.
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5 | Section 5-15. Monitoring and regulating sources of | ||||||
6 | emissions of greenhouse gases. The Illinois Environmental | ||||||
7 | Protection Agency is the State agency charged with monitoring | ||||||
8 | and regulating sources of emissions of greenhouse gases that | ||||||
9 | cause global warming in order to reduce emissions of greenhouse | ||||||
10 | gases. | ||||||
11 | Section 5-20. Mandatory greenhouse gas emissions | ||||||
12 | reporting. | ||||||
13 | (a) On or before June 1, 2009, the State agency shall | ||||||
14 | propose and the Board shall adopt rules to require the | ||||||
15 | reporting and verification of statewide greenhouse gas | ||||||
16 | emissions and to monitor and enforce compliance with this | ||||||
17 | program.
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18 | (b) The rules shall do all of the following:
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19 | (1) Require the monitoring and annual reporting of | ||||||
20 | greenhouse gas emissions from greenhouse gas emission | ||||||
21 | sources beginning with the sources or categories of sources | ||||||
22 | that contribute the most to statewide emissions.
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23 | (2) Account for greenhouse gas emissions from all | ||||||
24 | electricity consumed in the State, including transmission |
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1 | and distribution line losses from electricity generated | ||||||
2 | within the State or imported from outside the State.
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3 | (3) Ensure the rigorous and consistent accounting of | ||||||
4 | emissions and provide reporting tools and formats to ensure | ||||||
5 | collection of necessary data.
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6 | (4) Ensure that greenhouse gas emission sources | ||||||
7 | maintain comprehensive records of all reported greenhouse | ||||||
8 | gas emissions. | ||||||
9 | (c) The State agency shall do both of the following:
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10 | (1) Periodically review and update its emission | ||||||
11 | reporting requirements, as necessary.
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12 | (2) Review existing and proposed international, | ||||||
13 | federal, and State greenhouse gas emission reporting | ||||||
14 | programs, make reasonable efforts to promote consistency | ||||||
15 | among the programs established pursuant to this Act and | ||||||
16 | other programs, and streamline reporting requirements on | ||||||
17 | greenhouse gas emission sources.
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18 | Section 5-25. Statewide greenhouse gas emissions limit. | ||||||
19 | (a) By January 1, 2009, the State agency shall, after one | ||||||
20 | or more public workshops, with public notice and an opportunity | ||||||
21 | to comment, determine what the statewide greenhouse gas | ||||||
22 | emissions level was in 1990 and propose to the Board a | ||||||
23 | statewide greenhouse gas emission limit that is equivalent to | ||||||
24 | that level, to be achieved by 2020. The Board shall consider | ||||||
25 | and either revise or adopt the proposed level by June 1, 2009. |
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1 | In order to ensure the most accurate determination feasible, | ||||||
2 | the State agency shall evaluate the best available scientific, | ||||||
3 | technological, and economic information on greenhouse gas | ||||||
4 | emissions to determine the 1990 level of greenhouse gas | ||||||
5 | emissions. | ||||||
6 | (b) The statewide greenhouse gas emissions limit shall | ||||||
7 | remain in effect unless otherwise amended or repealed.
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8 | (c) It is the intent of the General Assembly that the | ||||||
9 | statewide greenhouse gas emissions limit continue in existence | ||||||
10 | and be used to maintain and continue reductions in emissions of | ||||||
11 | greenhouse gases beyond 2020.
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12 | (d) The State agency shall make recommendations to the | ||||||
13 | Governor and the Legislature on how to continue reductions of | ||||||
14 | greenhouse gas emissions beyond 2020.
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15 | Section 5-30. Greenhouse gas emissions reductions. | ||||||
16 | (a) The State agency shall propose and the Board shall | ||||||
17 | adopt rules in an open public process to achieve the maximum | ||||||
18 | technologically feasible and cost-effective greenhouse gas | ||||||
19 | emission reductions from sources or categories of sources, | ||||||
20 | subject to the criteria and schedules set forth in this | ||||||
21 | Section.
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22 | (b) Early action reduction measures.
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23 | (1) On or before December 30, 2008, the State agency | ||||||
24 | shall publish and make available to the public a list of | ||||||
25 | discrete early action greenhouse gas emission reduction |
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1 | measures that can be implemented prior to the measures and | ||||||
2 | limits adopted pursuant to subsection (d) of this Section. | ||||||
3 | (2) On or before June 1, 2009, the State agency shall | ||||||
4 | propose and the Board shall adopt rules to implement the | ||||||
5 | measures identified on the list published pursuant to | ||||||
6 | subsection (b)(1) of this Section. | ||||||
7 | (3) The rules adopted pursuant to this Section shall | ||||||
8 | achieve the maximum technologically feasible and | ||||||
9 | cost-effective reductions in greenhouse gas emissions from | ||||||
10 | those sources or categories of sources, in furtherance of | ||||||
11 | achieving the statewide greenhouse gas emissions limit. | ||||||
12 | (4) The rules adopted pursuant to this Section shall be | ||||||
13 | enforceable no later than January 1, 2011.
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14 | (c) On or before January 1, 2010, the State agency shall | ||||||
15 | prepare and approve a plan for achieving the maximum | ||||||
16 | technologically feasible and cost-effective reductions in | ||||||
17 | greenhouse gas emissions from sources or categories of sources | ||||||
18 | of greenhouse gases by 2020 under this Act. The State agency | ||||||
19 | shall consult with all relevant State agencies with | ||||||
20 | jurisdiction over sources of greenhouse gases on all elements | ||||||
21 | of its plan that pertain to energy related matters, including, | ||||||
22 | but not limited to, electrical generation, load | ||||||
23 | based-standards or requirements, the provision of reliable and | ||||||
24 | affordable electrical service, petroleum refining, and | ||||||
25 | statewide fuel supplies to ensure the greenhouse gas emissions | ||||||
26 | reduction activities to be adopted and implemented by the State |
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1 | agency are complementary and non-duplicative and can be | ||||||
2 | implemented in an efficient and cost-effective manner.
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3 | The plan shall identify and make recommendations on direct | ||||||
4 | emission reduction measures, alternative compliance | ||||||
5 | mechanisms, market-based compliance mechanisms, and potential | ||||||
6 | monetary and non-monetary incentives for sources and | ||||||
7 | categories of sources that the State agency finds are necessary | ||||||
8 | or desirable to facilitate the achievement of the maximum | ||||||
9 | feasible and cost-effective reductions of greenhouse gas | ||||||
10 | emissions by 2020.
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11 | In making the determinations required by this subsection | ||||||
12 | (c), the State agency shall consider all relevant information | ||||||
13 | pertaining to greenhouse gas emissions reduction programs in | ||||||
14 | other states, localities, and nations.
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15 | The State agency shall evaluate the total potential costs | ||||||
16 | and total potential economic and non-economic benefits of the | ||||||
17 | plan for reducing greenhouse gases to Illinois's economy, | ||||||
18 | environment, and public health, using the best available | ||||||
19 | economic models, emission estimation techniques, and other | ||||||
20 | scientific methods.
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21 | In developing its plan, the State agency shall take into | ||||||
22 | account the relative contribution of each source or source | ||||||
23 | category to statewide greenhouse gas emissions and the | ||||||
24 | potential for adverse effects on small businesses and shall | ||||||
25 | recommend a de minimis threshold of greenhouse gas emissions | ||||||
26 | below which emission reduction requirements will not apply.
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1 | In developing its plan, the State agency shall identify | ||||||
2 | opportunities for emission reductions measures from all | ||||||
3 | verifiable and enforceable voluntary actions, including, but | ||||||
4 | not limited to, carbon sequestration projects and best | ||||||
5 | management practices.
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6 | The State agency shall conduct a series of public workshops | ||||||
7 | to give interested parties an opportunity to comment on the | ||||||
8 | plan.
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9 | The State agency shall update its plan for achieving the | ||||||
10 | maximum technologically feasible and cost-effective reductions | ||||||
11 | of greenhouse gas emissions at least once every 5 years.
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12 | (d) On or before January 1, 2012, the State agency shall | ||||||
13 | propose and the Board shall adopt source specific greenhouse | ||||||
14 | gas emission limits and emission reduction measures by rule to | ||||||
15 | achieve the maximum technologically feasible and | ||||||
16 | cost-effective reductions in greenhouse gas emissions in | ||||||
17 | furtherance of achieving the statewide greenhouse gas | ||||||
18 | emissions limit, to become operative beginning on January 1, | ||||||
19 | 2013.
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20 | In developing rules pursuant to this Section and Section | ||||||
21 | 5-35 of this Act to the extent feasible and in furtherance of | ||||||
22 | achieving the statewide greenhouse gas emission limit, the | ||||||
23 | State agency shall do all of the following:
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24 | (1) Design the rules, including distribution of | ||||||
25 | emissions allowances where appropriate, in a manner that is | ||||||
26 | equitable, seeks to minimize costs and maximize the total |
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1 | benefits to Illinois, and encourages early action to reduce | ||||||
2 | greenhouse gas emissions.
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3 | (2) Ensure that activities undertaken to comply with | ||||||
4 | the rules do not disproportionately impact low-income | ||||||
5 | communities.
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6 | (3) Ensure that entities that have voluntarily reduced | ||||||
7 | their greenhouse gas emissions prior to the implementation | ||||||
8 | of this Section receive appropriate credit for early | ||||||
9 | voluntary reductions.
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10 | (4) Ensure that activities undertaken pursuant to the | ||||||
11 | rules complement and do not interfere with efforts to | ||||||
12 | achieve and maintain federal and State ambient air quality | ||||||
13 | standards and to reduce toxic air contaminant emissions.
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14 | (5) Consider cost-effectiveness of these rules.
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15 | (6) Consider overall societal benefits, including | ||||||
16 | reductions in other air pollutants, diversification of | ||||||
17 | energy sources, and other benefits to the economy, | ||||||
18 | environment, and public health.
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19 | (7) Minimize the administrative burden of implementing | ||||||
20 | and complying with these rules.
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21 | (8) Minimize leakage.
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22 | (9) Consider the significance of the contribution of | ||||||
23 | each source or category of sources to statewide emissions | ||||||
24 | of greenhouse gases.
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25 | In furtherance of achieving the statewide greenhouse gas | ||||||
26 | emissions limit, by January 1, 2012 the State agency may |
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1 | propose and the Board may adopt a rule that establishes a | ||||||
2 | system of market-based, declining, annual aggregate emission | ||||||
3 | limits for sources or categories of sources that emit | ||||||
4 | greenhouse gas emissions, applicable from January 1, 2013 to | ||||||
5 | December 31, 2020.
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6 | Any rule adopted by the board pursuant to this Act shall | ||||||
7 | ensure all of the following:
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8 | (1) The greenhouse gas emission reductions achieved | ||||||
9 | are real, permanent, quantifiable, verifiable, and | ||||||
10 | enforceable by the State agency.
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11 | (2) For rules pursuant to Section 5-35 of this Act, the | ||||||
12 | reduction is in addition to any greenhouse gas emission | ||||||
13 | reduction otherwise required by law or rule and any other | ||||||
14 | greenhouse gas emission reduction that otherwise would | ||||||
15 | occur.
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16 | (3) If applicable, the greenhouse gas emission | ||||||
17 | reduction occurs over the same time period and is | ||||||
18 | equivalent in amount to any direct emission reduction | ||||||
19 | required pursuant to this Act.
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20 | The State agency shall rely upon the best available | ||||||
21 | economic and scientific information and its assessment of | ||||||
22 | existing and projected technological capabilities when | ||||||
23 | proposing the rules required by this Section.
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24 | The State agency shall consult with the Illinois Commerce | ||||||
25 | Commission in the development of the rules as they affect | ||||||
26 | electricity and natural gas providers in order to minimize |
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1 | duplicative or inconsistent regulatory requirements.
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2 | After January 1, 2012, the State agency may revise rules | ||||||
3 | adopted pursuant to this Section and adopt additional rules to | ||||||
4 | further the provisions of this Act.
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5 | Section 5-35. Market-based compliance mechanisms. | ||||||
6 | (a) The State agency may include in the rules adopted | ||||||
7 | pursuant to Section 5-30 of this Act the use of market-based | ||||||
8 | compliance mechanisms to comply with the rules.
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9 | (b) Prior to the inclusion of any market-based compliance | ||||||
10 | mechanism in the rules, to the extent feasible and in | ||||||
11 | furtherance of achieving the statewide goal, the Board shall do | ||||||
12 | all of the following:
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13 | (1) Consider the potential for direct, indirect, and | ||||||
14 | cumulative emission impacts from these mechanisms, | ||||||
15 | including localized impacts in communities that are | ||||||
16 | already adversely impacted by air pollution.
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17 | (2) Design any market-based compliance mechanism to | ||||||
18 | prevent any increase in the emissions of toxic air | ||||||
19 | contaminants or criteria air pollutants.
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20 | (c) The State agency shall adopt rules governing how | ||||||
21 | market-based compliance mechanisms may be used by regulated | ||||||
22 | entities subject to greenhouse gas emission limits and | ||||||
23 | mandatory emission reporting requirements to achieve | ||||||
24 | compliance with their greenhouse gas emissions limits.
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25 | (d) Any allowance created as part of a market-based |
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1 | compliance mechanism under this Act shall be distributed to a | ||||||
2 | greenhouse gas emission source through an auction. | ||||||
3 | (e) There is hereby created in the State treasury a special | ||||||
4 | fund known as the Global Warming Response Fund. The State | ||||||
5 | Treasurer shall deposit any revenue generated by an auction | ||||||
6 | into the Fund. All of the revenue deposited into the Fund shall | ||||||
7 | be used to support programs and projects that contribute to the | ||||||
8 | emissions reduction goals of this Act, including the | ||||||
9 | development of clean energy, energy efficiency improvements, | ||||||
10 | and carbon sequestration, and to address transition costs | ||||||
11 | including: job training, transition programs to help | ||||||
12 | industries adapt to clean technology and production, and | ||||||
13 | assistance to low income utility consumers. | ||||||
14 | (1) The State Agency (or DCEO) shall use the revenue | ||||||
15 | deposited in the fund to: | ||||||
16 | (A) provide grants and other forms of financial | ||||||
17 | assistance to commercial, institutional, and | ||||||
18 | industrial entities to support end-use energy | ||||||
19 | efficiency projects and new, efficient electric | ||||||
20 | generation facilities that contribute to the emissions | ||||||
21 | reduction goals of this Act, and that are state of the | ||||||
22 | art as determined by the Department, including but not | ||||||
23 | limited to energy efficiency and renewable energy | ||||||
24 | applications, to advance the next generation of | ||||||
25 | biofuels and fuel infrastructure, accelerate the | ||||||
26 | commercialization of plug-in hybrids, promote |
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1 | development of commercial-scale renewable energy, and | ||||||
2 | invest in research and development of new, low-carbon | ||||||
3 | energy technology; | ||||||
4 | (B) invest in a skilled clean technologies | ||||||
5 | workforce, including investment in job training and | ||||||
6 | transition programs to help workers and industries | ||||||
7 | adapt to clean technology development and production; | ||||||
8 | (C) support programs that are designed to reduce | ||||||
9 | electricity demand or costs to electricity customers | ||||||
10 | in the low-income and moderate-income residential | ||||||
11 | sector with a focus on urban and rural areas, including | ||||||
12 | efforts to address impacts on ratepayers attributable | ||||||
13 | to the implementation of this Act; | ||||||
14 | (D) promote programs designed to promote local | ||||||
15 | government efforts to plan, develop, and implement | ||||||
16 | measures to reduce greenhouse gas emissions, including | ||||||
17 | but not limited to technical assistance to local | ||||||
18 | governments, and the awarding of grants and other forms | ||||||
19 | of assistance to local governments to conduct and | ||||||
20 | implement energy efficiency, renewable energy, and | ||||||
21 | distributed energy programs and land use planning | ||||||
22 | where the grant or assistance results in a measurable | ||||||
23 | reduction of the emission of greenhouse gases or a | ||||||
24 | measurable reduction in energy demand; and | ||||||
25 | (E) support programs that enhance the stewardship | ||||||
26 | and restoration of the State's forests and wetlands |
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1 | that provide quantifiable progress towards the | ||||||
2 | emissions reduction goals of this Act.
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3 | Section 5-40. Enforcement. The State agency shall monitor | ||||||
4 | compliance with and enforce any rule, order, emission | ||||||
5 | limitation, emissions reduction measure, or market-based | ||||||
6 | compliance mechanism adopted by the State agency pursuant to | ||||||
7 | this Act. | ||||||
8 | ARTICLE 10. | ||||||
9 | Section 10-1. Short title. This Article may be cited as the | ||||||
10 | Illinois Energy Efficient Furnace Act. References in this | ||||||
11 | Article to "this Act" mean this Article. | ||||||
12 | Section 10-5. Findings. | ||||||
13 | (a) Home heating accounts for nearly 50% of the energy used | ||||||
14 | in our homes.
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15 | (b) In the Midwest, volatile natural gas prices continue to | ||||||
16 | make families vulnerable to unpredictable heating costs.
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17 | (c) The Department of Energy's federal standard for | ||||||
18 | furnaces is appropriate for Southern states, but is inadequate | ||||||
19 | for Northern states like Illinois.
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20 | (d) An efficient furnace can save a consumer in Illinois | ||||||
21 | $150 to $200 per year in natural gas costs.
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22 | (e) A statewide energy efficiency standard for furnaces |
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1 | will save Illinois citizens a significant sum of money every | ||||||
2 | year.
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3 | (f) Saving natural gas keeps money in the State and | ||||||
4 | improves the State's economy.
| ||||||
5 | (g) Saving energy through energy efficiency will also | ||||||
6 | reduce harmful pollution that causes global warming and | ||||||
7 | respiratory disease.
| ||||||
8 | Section 10-10. Definitions. For purposes of this Act: | ||||||
9 | "Compensation" means money or any other valuable thing, | ||||||
10 | regardless of form, received or to be received by a person for | ||||||
11 | services rendered.
| ||||||
12 | "Department" means the Department of Commerce and Economic | ||||||
13 | Opportunity. | ||||||
14 | "Electricity ratio" is the ratio of furnace electricity use | ||||||
15 | to total furnace energy use. Electricity ratio = | ||||||
16 | (3.412*EAE)/(1000*EF + 3.412*EAE) where EAE (average annual | ||||||
17 | auxiliary electrical consumption) and EF (average annual fuel | ||||||
18 | energy consumption) are defined in Appendix N to subpart B of | ||||||
19 | part 430 of title 10 of the Code of Federal Regulations and EF | ||||||
20 | is expressed in millions of BTUs per year.
| ||||||
21 | "Residential furnace" means a self-contained space heater | ||||||
22 | designed to supply heated air through ducts longer than 10 | ||||||
23 | inches and that uses only single-phase electric current or DC | ||||||
24 | current in conjunction with natural gas, propane, or home | ||||||
25 | heating oil, and that: |
| |||||||
| |||||||
1 | (1) is designed to be the principle heating source for | ||||||
2 | the living space of one or more residences;
| ||||||
3 | (2) is not contained within the same cabinet as a | ||||||
4 | central air conditioner whose rated cooling capacity is | ||||||
5 | above 65,000 BTU per hour; and
| ||||||
6 | (3) has a heat input rate of less than 225,000 BTU per | ||||||
7 | hour.
| ||||||
8 | Section 10-15. Minimum furnace efficiency standard. | ||||||
9 | (a) Scope.
| ||||||
10 | (1) The provisions of this Section apply to residential | ||||||
11 | furnaces sold, offered for sale, or installed in the State. | ||||||
12 | (2) The provisions of this Act do not apply to: | ||||||
13 | (i) new products manufactured in the State and sold | ||||||
14 | outside the State;
| ||||||
15 | (ii) new products manufactured outside the State | ||||||
16 | that are sold at wholesale inside the State for final | ||||||
17 | retail sale and installation outside the State;
| ||||||
18 | (iii) products installed in mobile manufactured | ||||||
19 | homes at the time of construction; or
| ||||||
20 | (iv) products designed expressly for installation | ||||||
21 | and use in recreational vehicles.
| ||||||
22 | (b) Efficiency standards.
| ||||||
23 | (1) No later than one year after the effective date of | ||||||
24 | this Act, the Department shall promulgate rules | ||||||
25 | establishing minimum efficiency standards for residential |
| |||||||
| |||||||
1 | furnaces.
| ||||||
2 | (2) The rules shall provide for the following minimum | ||||||
3 | efficiency standards:
| ||||||
4 | (A) Residential furnaces that use natural gas or | ||||||
5 | propane shall have a minimum Annual Fuel Utilization | ||||||
6 | Efficiency (AFUE) of 90% and a maximum electricity | ||||||
7 | ratio of 2%. AFUE shall be measured in accordance with | ||||||
8 | the federal test method for measuring the energy | ||||||
9 | consumption of furnaces and boilers contained in | ||||||
10 | Appendix N to subpart B of part 430, title 10, Code of | ||||||
11 | Federal Regulations. | ||||||
12 | (B) The Department may adopt rules to exempt | ||||||
13 | compliance with the foregoing residential furnace AFUE | ||||||
14 | standards at any building, site, or location where | ||||||
15 | complying with the standards would conflict with any | ||||||
16 | local zoning ordinance, building or plumbing code, or | ||||||
17 | other rule regarding installation and venting of | ||||||
18 | residential furnaces or residential boilers.
| ||||||
19 | (c) Implementation.
| ||||||
20 | (1) No later than 6 months after the effective date of | ||||||
21 | this Act, the Department, in consultation with the Attorney | ||||||
22 | General, shall determine if State implementation of | ||||||
23 | residential furnace standards is preempted by federal law. | ||||||
24 | The Department shall make separate determinations with | ||||||
25 | respect to minimum AFUE and maximum electricity ratio | ||||||
26 | standards. If the Department determines that a waiver from |
| |||||||
| |||||||
1 | federal preemption is not needed, then on January 1, 2009, | ||||||
2 | or on the date that is one year after the effective date of | ||||||
3 | this Act, whichever is later, no new residential furnace | ||||||
4 | may be sold or offered for sale in the State unless the | ||||||
5 | efficiency of the new product meets or exceeds the | ||||||
6 | applicable non-preempted efficiency standards set forth in | ||||||
7 | the rules adopted pursuant to subsection (b) of this | ||||||
8 | Section. | ||||||
9 | If the Department determines that a waiver from federal | ||||||
10 | preemption is required, then the Department shall apply for | ||||||
11 | a waiver within one year of after that determination. Upon | ||||||
12 | approval of the federal waiver application, the applicable | ||||||
13 | State standards shall go into effect at the earliest date | ||||||
14 | permitted by federal law.
| ||||||
15 | (2) One year after the effective date of this Section, | ||||||
16 | as determined in item (1) of this subsection, no | ||||||
17 | residential furnace may be installed for compensation in | ||||||
18 | the State unless the efficiency of the new product meets or | ||||||
19 | exceeds the efficiency standards set forth in the rules | ||||||
20 | adopted pursuant to subsection (b) of this Section.
| ||||||
21 | (d) New and revised standards. The Department may adopt | ||||||
22 | rules, in accordance with the Illinois Administrative | ||||||
23 | Procedure Act, to establish increased efficiency standards for | ||||||
24 | residential furnaces. In considering new or amended standards, | ||||||
25 | the Department, in consultation with the other State agencies, | ||||||
26 | shall set efficiency standards upon a determination that |
| |||||||
| |||||||
1 | increased efficiency standards would serve to promote energy | ||||||
2 | conservation in the State and would be cost-effective for | ||||||
3 | consumers who purchase and use the new products, provided that | ||||||
4 | no new or increased efficiency standards shall become effective | ||||||
5 | within one year following the adoption of any amended rules | ||||||
6 | establishing increased efficiency standards. The Department | ||||||
7 | may apply for a waiver of federal preemption in accordance with | ||||||
8 | federal procedures for State efficiency standards for any | ||||||
9 | product regulated by the federal government.
| ||||||
10 | (e) Testing, certification, labeling and enforcement.
| ||||||
11 | (1) The manufacturers of residential furnaces shall | ||||||
12 | test products in accordance with the test procedures | ||||||
13 | adopted pursuant to this Act or those specified in the | ||||||
14 | State Building Code. The Department, in consultation with | ||||||
15 | other State agencies, shall adopt test procedures for | ||||||
16 | determining the energy efficiency of residential furnaces | ||||||
17 | if the test procedures provided for in this Act are | ||||||
18 | inappropriate. The Department shall adopt U.S. Department | ||||||
19 | of Energy approved test methods, or in the absence of U.S. | ||||||
20 | Department of Energy approved test methods, other | ||||||
21 | appropriate nationally recognized test methods. The | ||||||
22 | Department may adopt updated test methods when new versions | ||||||
23 | of test procedures become available.
| ||||||
24 | (2) Manufacturers of residential furnaces shall | ||||||
25 | certify to the Department that residential furnaces are in | ||||||
26 | compliance with the provisions of this Act. Certifications |
| |||||||
| |||||||
1 | shall be based on test results. The Department shall | ||||||
2 | promulgate rules governing the certification of | ||||||
3 | residential furnaces and shall coordinate with the | ||||||
4 | certification programs of other states and federal | ||||||
5 | agencies with similar standards.
| ||||||
6 | (3) Manufacturers of residential furnaces shall | ||||||
7 | identify each product offered for sale or installation in | ||||||
8 | the State as in compliance with the provisions of this Act | ||||||
9 | by means of a mark, label, or tag on the product and | ||||||
10 | packaging at the time of sale or installation. The | ||||||
11 | Department shall promulgate rules governing the | ||||||
12 | identification of residential furnaces and packaging, | ||||||
13 | which shall be coordinated to the greatest practical extent | ||||||
14 | with the labeling programs of other states and federal | ||||||
15 | agencies with equivalent efficiency standards. The | ||||||
16 | Department shall allow the use of existing marks, labels, | ||||||
17 | or tags that indicate compliance with the efficiency | ||||||
18 | requirements of this Act.
| ||||||
19 | (4) The Department may test residential furnaces. If | ||||||
20 | tested furnaces are found not to be in compliance with | ||||||
21 | established minimum efficiency standards the Department | ||||||
22 | shall: | ||||||
23 | (A) charge the manufacturer of the furnace for the | ||||||
24 | cost of product purchase and testing; and | ||||||
25 | (B) make information available to the public on | ||||||
26 | furnaces found in violation with the standards.
|
| |||||||
| |||||||
1 | (5) With prior notice and at reasonable and convenient | ||||||
2 | hours, the Department may cause periodic inspections to be | ||||||
3 | made of distributors or retailers of residential furnaces | ||||||
4 | in order to determine compliance with the provisions of | ||||||
5 | this Act. The Department shall also coordinate with | ||||||
6 | building contractors regarding inspections prior to | ||||||
7 | occupancy of newly constructed buildings containing new | ||||||
8 | products that are also covered by the applicable building | ||||||
9 | code.
| ||||||
10 | (6) The Department shall investigate complaints | ||||||
11 | received concerning violations of this Act and shall report | ||||||
12 | the results of investigations to the Attorney General. The | ||||||
13 | Attorney General may institute proceedings to enforce the | ||||||
14 | provisions of this Act. Any manufacturer, distributor, or | ||||||
15 | retailer, or any person who installs a product covered by | ||||||
16 | this Act for compensation, who violates any provision of | ||||||
17 | this Act shall be issued a warning by the Department for | ||||||
18 | any first violation. Repeat violations shall be subject to | ||||||
19 | a civil penalty of not more than $250 imposed by the | ||||||
20 | Department. Each violation shall constitute a separate | ||||||
21 | offense, and each day that a violation continues shall | ||||||
22 | constitute a separate offense. Penalties assessed under | ||||||
23 | this paragraph are in addition to costs assessed under this | ||||||
24 | Section.
| ||||||
25 | (7) The Department may adopt rules as necessary to | ||||||
26 | insure the proper implementation and enforcement of the |
| |||||||
| |||||||
1 | provisions of this Act.
| ||||||
2 | (f) Severability. The provisions of this Act are severable | ||||||
3 | under Section 1.31 of the Statute on Statutes.
| ||||||
4 | ARTICLE 15. | ||||||
5 | Section 15-1. Short title. This Act may be cited as the | ||||||
6 | Illinois Clean Car Act. References in this Article to "this | ||||||
7 | Act" mean this Article. | ||||||
8 | Section 15-5. Definitions. For purposes of this Act: | ||||||
9 | (a) "Agency" means the Environmental Protection Agency. | ||||||
10 | (b) "Board" means the Pollution Control Board. | ||||||
11 | (c) "Transfer" includes the terms acquire, purchase, sell, | ||||||
12 | or lease. | ||||||
13 | Section 15-10. Adoption of a Program. | ||||||
14 | (a) By January 1, 2009 the Agency shall propose and the | ||||||
15 | Board shall establish by rule a Clean Car Program that is (i) | ||||||
16 | authorized by Section 177 of the federal Clean Air Act, and | ||||||
17 | (ii) applicable to vehicles of the 2011 model year and every | ||||||
18 | subsequent model year. | ||||||
19 | (b) As part of the Program, the Agency shall establish new | ||||||
20 | motor vehicle emission standards and compliance requirements | ||||||
21 | for vehicles of the 2011 model year and every subsequent model | ||||||
22 | year as authorized by Section 177 of the federal Clean Air Act. |
| |||||||
| |||||||
1 | (c) As part of the compliance requirements established | ||||||
2 | under this Act, the Agency may adopt by rule motor vehicle | ||||||
3 | emission inspection, recall, and warranty requirements. | ||||||
4 | Section 15-15. Minimization of administrative impact. | ||||||
5 | (a) To minimize the administrative impact of the Program | ||||||
6 | and to minimize the impact of motor vehicle emissions generated | ||||||
7 | in other states on the air quality of this State, the Agency | ||||||
8 | may: | ||||||
9 | (1) adopt by reference the rules, regulations, | ||||||
10 | procedures, and certification data of any of the states | ||||||
11 | that have adopted clean car standards authorized by Section | ||||||
12 | 177 of the federal Clean Air Act; and | ||||||
13 | (2) work in cooperation with any of the states that | ||||||
14 | have clean car standards, authorized by Section 177 of the | ||||||
15 | federal Clean Air Act, to administer certification, in-use | ||||||
16 | compliance, inspection, recall, and warranty requirements | ||||||
17 | for the Program. | ||||||
18 | Section 15-20. Title; registration. | ||||||
19 | (a) Except as otherwise provided in this Section, the | ||||||
20 | Secretary of State shall not register or issue a title for a | ||||||
21 | new motor vehicle that is subject to the provisions of this Act | ||||||
22 | if the motor vehicle is not in compliance with the provisions | ||||||
23 | of this Act or any rule adopted under this Act. | ||||||
24 | (b) Notwithstanding subsection (a) of this Section, the |
| |||||||
| |||||||
1 | Secretary of State may, in consultation with the Agency, adopt | ||||||
2 | rules to exempt motor vehicles from the Program. These | ||||||
3 | exemptions shall be limited to: | ||||||
4 | (1) motor vehicles sold for registration out of the | ||||||
5 | State; | ||||||
6 | (2) motor vehicles sold from a licensed dealer to | ||||||
7 | another licensed dealer; or | ||||||
8 | (3) any motor vehicles that would be exempted from the | ||||||
9 | Low Emission Vehicle Program established under California | ||||||
10 | law. | ||||||
11 | Any motor vehicle exempted under this subsection (b) is | ||||||
12 | exempt from the requirements of the Program, and the Secretary | ||||||
13 | of State shall note that exemption on the title of the motor | ||||||
14 | vehicle. | ||||||
15 | (c) The Secretary of State, in consultation with the | ||||||
16 | Agency, shall adopt rules to prohibit the transfer of new motor | ||||||
17 | vehicles or new motor vehicle engines that are not in | ||||||
18 | compliance with the provisions of this Act, if those rules are | ||||||
19 | necessary to comply with Section 177 of the federal Clean Air | ||||||
20 | Act. | ||||||
21 | ARTICLE 17. | ||||||
22 | Section 17-1. Short title. This Act may be cited as the | ||||||
23 | Clean Home-Grown Fuels Act. References in this Article to "this | ||||||
24 | Act" mean this Article. |
| |||||||
| |||||||
1 | Section 17-5. Findings. | ||||||
2 | (a) Illinois' agricultural economy would benefit greatly | ||||||
3 | from expanding its growth of feedstock for the cleanest | ||||||
4 | possible transportation fuels. | ||||||
5 | (b) Greenhouse gas emissions pose a threat to the health of | ||||||
6 | Illinois' citizens, leading State industries, and the quality | ||||||
7 | of the environment. | ||||||
8 | (c) Illinois' use of motor vehicles is a significant source | ||||||
9 | of greenhouse gas emissions in the State, contributing | ||||||
10 | approximately 25% of the State's annual greenhouse gas | ||||||
11 | emissions. | ||||||
12 | (d) Illinois is almost entirely dependent on one source of | ||||||
13 | motor vehicle fuel for use for its transportation economy, the | ||||||
14 | price of which is highly volatile and, therefore, imperils our | ||||||
15 | economic security, endangers our jobs, and jeopardizes our | ||||||
16 | industries. | ||||||
17 | (e) The purpose of this Act is to bolster Illinois' | ||||||
18 | agricultural economy by requiring the greater use of fuels with | ||||||
19 | a lower carbon dioxide content than that of gasoline, thereby | ||||||
20 | simultaneously reducing the State's global warming pollution. | ||||||
21 | Section 17-10. Definitions. | ||||||
22 | "Alternative fuel" means any fuel used for the generation | ||||||
23 | of power in an automobile, sport utility vehicle, or truck that | ||||||
24 | does not meet the definition of "motor vehicle fuel". |
| |||||||
| |||||||
1 | Alternative fuel includes, but is not limited to, electricity, | ||||||
2 | hydrogen, and fuel cells.
| ||||||
3 | "Carbon intensity" means the measurement of lifecycle | ||||||
4 | greenhouse gas emissions from motor vehicle fuels expressed in | ||||||
5 | carbon dioxide equivalent per unit of energy delivered.
| ||||||
6 | "Greenhouse gas" means all gases defined by the | ||||||
7 | Intergovernmental Panel on Climate Change as contributing to | ||||||
8 | global warming, including water vapor, carbon dioxide, nitrous | ||||||
9 | oxide, methane, sulphur hexafluoride, hydrofluorocarbons, and | ||||||
10 | perfluorocarbons.
| ||||||
11 | "Motor vehicle fuel" means any liquid product used for the | ||||||
12 | generation of power in an internal combustion engine, except | ||||||
13 | for aviation gasoline, aviation jet fuels, and liquefied | ||||||
14 | petroleum gas.
| ||||||
15 | "Provider" means a refiner, blender, producer, or importer | ||||||
16 | of motor vehicle fuel.
| ||||||
17 | "Retail dealer" means any person who owns, operates, | ||||||
18 | controls, or supervises an establishment at which motor vehicle | ||||||
19 | fuel is offered for sale to the public.
| ||||||
20 | "Wholesale dealer" means a person who sells motor vehicle | ||||||
21 | fuel if the seller knows or has reasonable cause to believe | ||||||
22 | that the buyer intends to resell the motor vehicle fuel in the | ||||||
23 | same or an altered form to a retailer dealer, a nonretailer | ||||||
24 | dealer, or another wholesaler.
| ||||||
25 | Section 17-20. Creation of a sliding scale for the sale of |
| |||||||
| |||||||
1 | clean fuels in Illinois. | ||||||
2 | By January 1, 2010, the Illinois Environmental Protection | ||||||
3 | Agency shall, by rule: | ||||||
4 | (a) Adopt a clean fuels standard, including enforcement and | ||||||
5 | credit mechanisms, that achieves the maximum technologically | ||||||
6 | feasible and cost-effective greenhouse gas emissions | ||||||
7 | reductions from motor vehicle fuels. The standard shall have a | ||||||
8 | goal of reducing the carbon intensity of the use of motor | ||||||
9 | vehicle fuels by at least 10% by the year 2020. | ||||||
10 | (b) To reduce carbon intensity by 6% by 2020, the Agency | ||||||
11 | shall require, beginning in 2011, the following proportion of | ||||||
12 | total motor vehicle fuel sold in the State have a carbon | ||||||
13 | content at least 50% lower than that of gasoline's 2005 carbon | ||||||
14 | intensity on a full lifecycle basis: | ||||||
15 | (i) 2011: 1.00% | ||||||
16 | (ii) 2012: 1.50% | ||||||
17 | (iii) 2013: 2.25% | ||||||
18 | (iv) 2014: 3.00% | ||||||
19 | (v) 2015: 4.50% | ||||||
20 | (vi) 2016: 5.75% | ||||||
21 | (vii) 2017: 7.00% | ||||||
22 | (viii) 2018: 8.50% | ||||||
23 | (ix) 2019: 10.25% | ||||||
24 | (x) 2020: 12.00% | ||||||
25 | (c) To reduce carbon intensity by the remaining 4% by 2020, | ||||||
26 | the Agency shall permit fuel providers to use any other |
| |||||||
| |||||||
1 | combination of motor vehicle or alternative fuels, with no | ||||||
2 | interim goals. | ||||||
3 | (d) Issue best management practices, standards, | ||||||
4 | incentives, or certification programs to avoid or reduce, to | ||||||
5 | the maximum extent practicable, negative environmental impacts | ||||||
6 | associated with implementation of the clean fuels standard and | ||||||
7 | to avoid or minimize negative environmental impacts from the | ||||||
8 | sourcing and production of clean fuels. | ||||||
9 | Section 17-30. Implementation. | ||||||
10 | (a) The clean fuels standard shall apply to all fuel | ||||||
11 | providers in Illinois. | ||||||
12 | (b) The baseline year for the purpose of determining the | ||||||
13 | percent reduction of the carbon intensity of fuels is 2005. | ||||||
14 | (c) No later than January 1, 2010, the Agency shall: | ||||||
15 | (a) define the term "full lifecycle" and shall measure | ||||||
16 | the carbon intensity of fuels on the full lifecycle basis | ||||||
17 | for each motor vehicle fuel; and | ||||||
18 | (b) establish a system of credits and other | ||||||
19 | market-based methods by which fuel providers exceeding the | ||||||
20 | performance required by the program shall receive credits | ||||||
21 | that may be applied to future obligations or traded to | ||||||
22 | providers that do not meet the performance required by the | ||||||
23 | program. | ||||||
24 | Section 17-40. Reporting requirements. |
| |||||||
| |||||||
1 | (1) By October 1, 2011, to permit reporting by | ||||||
2 | providers for calendar year 2011, the Agency shall develop | ||||||
3 | and adopt, by rule, environmental reporting requirements | ||||||
4 | for providers that: | ||||||
5 | (a) require providers to identify the motor | ||||||
6 | vehicle fuels or alternative fuels, or both, used to | ||||||
7 | comply with the clean fuels standard; and | ||||||
8 | (b) require providers to demonstrate increasing | ||||||
9 | availability to the general public of motor vehicle | ||||||
10 | fuels or alternative fuels, or both, that meet the | ||||||
11 | clean fuels standard. The report shall require a | ||||||
12 | listing of wholesale dealers and retail dealers that | ||||||
13 | are dispensing motor vehicle fuels or alternative | ||||||
14 | fuels, or both, that meet the clean fuels standard. | ||||||
15 | (2) Beginning June 30, 2012, and by June 30 of every | ||||||
16 | year thereafter, each provider shall submit to the Agency a | ||||||
17 | report indicating whether the provider has met all | ||||||
18 | reporting requirements for the previous calendar year. The | ||||||
19 | Agency shall make the reports available to the public, | ||||||
20 | including by publishing the reports on its website. | ||||||
21 | ARTICLE 20. | ||||||
22 | Section 20-5. The Energy
Efficient Commercial Building Act | ||||||
23 | is amended by changing Sections 1, 5, 10, 15, 20, and 45 as | ||||||
24 | follows: |
| |||||||
| |||||||
1 | (20 ILCS 3125/1)
| ||||||
2 | Sec. 1. Short title. This Act may be cited as the Energy
| ||||||
3 | Efficient Commercial Building Act.
| ||||||
4 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
5 | (20 ILCS 3125/5)
| ||||||
6 | Sec. 5. Findings.
| ||||||
7 | (a) The legislature finds that an effective energy | ||||||
8 | efficient commercial building code
is essential to:
| ||||||
9 | (1) reduce the air pollutant emissions from energy | ||||||
10 | consumption that are
affecting the health of residents of | ||||||
11 | this State;
| ||||||
12 | (2) moderate future peak electric power demand;
| ||||||
13 | (3) assure the reliability of the electrical grid and | ||||||
14 | an adequate supply
of heating oil and natural gas; and
| ||||||
15 | (4) control energy costs for residents and businesses | ||||||
16 | in this State.
| ||||||
17 | (b) The legislature further finds that this State has a | ||||||
18 | number of different
climate types, all of which require energy | ||||||
19 | for both cooling and heating, and
that there are many | ||||||
20 | cost-effective measures that can reduce peak energy use and
| ||||||
21 | reduce cooling, heating, lighting, and other energy costs in | ||||||
22 | commercial buildings.
| ||||||
23 | (Source: P.A. 93-936, eff. 8-13-04.) |
| |||||||
| |||||||
1 | (20 ILCS 3125/10)
| ||||||
2 | Sec. 10. Definitions.
| ||||||
3 | "Board" means the Capital Development Board.
| ||||||
4 | "Building" includes both residential buildings and | ||||||
5 | commercial buildings.
| ||||||
6 | "Code" means the latest published edition of the | ||||||
7 | International Code Council's International Energy Conservation | ||||||
8 | Code, excluding published supplements but including the | ||||||
9 | adaptations to the Code that are made by the
Board.
| ||||||
10 | "Commercial building" means any building except a building | ||||||
11 | that is a residential building, as defined in this Section. | ||||||
12 | "Department" means the Department of Commerce and Economic | ||||||
13 | Opportunity. | ||||||
14 | "Municipality" means any city, village, or incorporated | ||||||
15 | town.
| ||||||
16 | "Residential building" means (i) a detached one-family or | ||||||
17 | 2-family dwelling or (ii) any building that is 3 stories or | ||||||
18 | less in height above grade that contains multiple dwelling | ||||||
19 | units, in which the occupants reside on a primarily permanent | ||||||
20 | basis, such as a townhouse, a row house, an apartment house, a | ||||||
21 | convent, a monastery, a rectory, a fraternity or sorority | ||||||
22 | house, a dormitory, and a rooming house.
| ||||||
23 | (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | ||||||
24 | (20 ILCS 3125/15)
| ||||||
25 | Sec. 15. Energy Efficient Building Code. The Board, in |
| |||||||
| |||||||
1 | consultation with the Department, shall adopt the Code as | ||||||
2 | minimum
requirements applying to the construction of, | ||||||
3 | renovations to, and additions to all commercial buildings in | ||||||
4 | the State. The Board may
appropriately adapt the International | ||||||
5 | Energy Conservation Code to apply to the
particular economy, | ||||||
6 | population distribution, geography, and climate of the
State | ||||||
7 | and construction therein, consistent with the public policy
| ||||||
8 | objectives of this Act.
| ||||||
9 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
10 | (20 ILCS 3125/20)
| ||||||
11 | Sec. 20. Applicability.
| ||||||
12 | (a) The Code shall take effect one year after it is adopted | ||||||
13 | by the Board and shall apply
to any new
commercial building or | ||||||
14 | structure in this State for which a building permit
application | ||||||
15 | is received by a municipality or county, except as otherwise | ||||||
16 | provided by this Act.
In the case of any addition, alteration, | ||||||
17 | renovation, or repair to an existing commercial structure, the | ||||||
18 | Code adopted under this Act applies only to the portions of | ||||||
19 | that structure that are being added, altered, renovated, or | ||||||
20 | repaired.
| ||||||
21 | (b) The following buildings shall be exempt from
the Code:
| ||||||
22 | (1) Buildings otherwise exempt from the provisions of a | ||||||
23 | locally adopted
building code and buildings that do not | ||||||
24 | contain a conditioned space.
| ||||||
25 | (2) Buildings that do not use either electricity or |
| |||||||
| |||||||
1 | fossil fuel for
comfort
conditioning. For purposes of | ||||||
2 | determining whether this exemption applies, a
building | ||||||
3 | will be presumed to be heated by electricity, even in the | ||||||
4 | absence of
equipment used for electric comfort heating, | ||||||
5 | whenever the building is provided
with electrical service | ||||||
6 | in excess of 100 amps, unless the code enforcement
official | ||||||
7 | determines that this electrical service is necessary for | ||||||
8 | purposes
other than providing electric comfort heating.
| ||||||
9 | (3) Historic buildings. This exemption shall apply to | ||||||
10 | those buildings
that
are listed on the National Register of | ||||||
11 | Historic Places or the Illinois
Register of Historic | ||||||
12 | Places, and to those buildings that have been designated
as | ||||||
13 | historically significant by a local governing body that is | ||||||
14 | authorized to
make such designations.
| ||||||
15 | (4) Additions, alterations, renovations, or repairs to | ||||||
16 | existing residential structures
Residential buildings . | ||||||
17 | (5) Other buildings specified as exempt by the | ||||||
18 | International Energy Conservation Code.
| ||||||
19 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
20 | (20 ILCS 3125/45)
| ||||||
21 | Sec. 45. Home rule. Unless otherwise provided in this | ||||||
22 | Section, no
No unit of local government, including any home | ||||||
23 | rule unit, may regulate energy efficient building standards in | ||||||
24 | a manner that is less stringent than the provisions contained | ||||||
25 | in this Act. Any unit of local government that has adopted the |
| |||||||
| |||||||
1 | efficiency standards of the 2000 International Energy | ||||||
2 | Conservation Code, including the 2001 supplement, on or before | ||||||
3 | January 1, 2007, may continue to regulate energy efficient | ||||||
4 | building standards under that Code.
| ||||||
5 | This Section is a denial
and limitation
of home rule powers | ||||||
6 | and functions under subsection (i) of Section 6
of Article VII | ||||||
7 | of the Illinois Constitution on the concurrent exercise by home | ||||||
8 | rule units of powers and functions exercised by the State.
| ||||||
9 | Nothing in this Section, however, prevents a unit of local | ||||||
10 | government from adopting an energy efficiency code or standards | ||||||
11 | that are more stringent than the Code under this Act.
| ||||||
12 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
13 | Section 20-10. The State Finance Act is amended by adding | ||||||
14 | Section 5.708 as follows: | ||||||
15 | (30 ILCS 105/5.708 new)
| ||||||
16 | Sec. 5.708. The Global Warming Response Fund. | ||||||
17 | (415 ILCS 140/Act rep.)
| ||||||
18 | Section 20-15. The Kyoto Protocol Act of 1998 is repealed. | ||||||
19 | ARTICLE 99.
| ||||||
20 | Section 99-99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|