Full Text of HB5254 95th General Assembly
HB5254ham001 95TH GENERAL ASSEMBLY
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Environmental Health Committee
Filed: 3/11/2008
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| AMENDMENT TO HOUSE BILL 5254
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| AMENDMENT NO. ______. Amend House Bill 5254 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (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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| underway.
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| (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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| (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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| (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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| (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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| (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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| 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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| (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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| (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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| (k) Twelve Midwest states, including Illinois, have |
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| 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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| "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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| "Board" means the Illinois Pollution Control Board.
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| "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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| "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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| "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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| "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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| "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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| "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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| "Greenhouse gas emission source" or "source" means any | 26 |
| source or category of sources of greenhouse gas emissions whose |
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| 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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| "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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| "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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| "State agency" means the Illinois Environmental Protection | 23 |
| Agency.
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| "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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| equivalents.
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| "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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| 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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| (b) The rules shall do all of the following:
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| (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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| (2) Account for greenhouse gas emissions from all | 24 |
| electricity consumed in the State, including transmission |
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| and distribution line losses from electricity generated | 2 |
| within the State or imported from outside the State.
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| (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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| (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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| (1) Periodically review and update its emission | 11 |
| reporting requirements, as necessary.
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| (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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| 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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| 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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| (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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| (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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| 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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| (b) Early action reduction measures.
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| (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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| 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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| (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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| agency are complementary and non-duplicative and can be | 2 |
| implemented in an efficient and cost-effective manner.
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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| (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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| 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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| (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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| benefits to Illinois, and encourages early action to reduce | 2 |
| greenhouse gas emissions.
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| (2) Ensure that activities undertaken to comply with | 4 |
| the rules do not disproportionately impact low-income | 5 |
| communities.
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| (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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| (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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| (5) Consider cost-effectiveness of these rules.
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| (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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| (7) Minimize the administrative burden of implementing | 20 |
| and complying with these rules.
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| (8) Minimize leakage.
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| (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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| In furtherance of achieving the statewide greenhouse gas | 26 |
| emissions limit, by January 1, 2012 the State agency may |
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| 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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| Any rule adopted by the board pursuant to this Act shall | 7 |
| ensure all of the following:
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| (1) The greenhouse gas emission reductions achieved | 9 |
| are real, permanent, quantifiable, verifiable, and | 10 |
| enforceable by the State agency.
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| (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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| (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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| 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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| 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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| duplicative or inconsistent regulatory requirements.
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| 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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| 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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| (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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| (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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| (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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| (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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| (d) Any allowance created as part of a market-based |
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| 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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| 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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| that provide quantifiable progress towards the | 2 |
| emissions reduction goals of this Act.
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| 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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| (b) In the Midwest, volatile natural gas prices continue to | 16 |
| make families vulnerable to unpredictable heating costs.
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| (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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| (d) An efficient furnace can save a consumer in Illinois | 21 |
| $150 to $200 per year in natural gas costs.
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| (e) A statewide energy efficiency standard for furnaces |
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| will save Illinois citizens a significant sum of money every | 2 |
| year.
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| (f) Saving natural gas keeps money in the State and | 4 |
| improves the State's economy.
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| (g) Saving energy through energy efficiency will also | 6 |
| reduce harmful pollution that causes global warming and | 7 |
| respiratory disease.
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| 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.
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| "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: |
|
|
|
09500HB5254ham001 |
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| 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 |
|
|
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| 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 |
|
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|
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| 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 |
|
|
|
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| 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 |
|
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| 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.
|
|
|
|
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| 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 |
|
|
|
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LRB095 17825 HLH 47509 a |
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| 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. |
|
|
|
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| (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 |
|
|
|
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| 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. |
|
|
|
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| 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". |
|
|
|
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| 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 |
|
|
|
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| 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 |
|
|
|
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| 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. |
|
|
|
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| 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: |
|
|
|
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| 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.) |
|
|
|
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LRB095 17825 HLH 47509 a |
|
| 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 |
|
|
|
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LRB095 17825 HLH 47509 a |
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| 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 |
|
|
|
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| 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 |
|
|
|
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LRB095 17825 HLH 47509 a |
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| 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.".
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