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90_HB3129sam002
LRB9008865LDcdam
1 AMENDMENT TO HOUSE BILL 3129
2 AMENDMENT NO. . Amend House Bill 3129, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT relating to environmental matters, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Kyoto Protocol Act of 1998.
10 Section 5. Definitions. As used in this Act:
11 (a) "FCCC" means the 1992 United Nations Framework
12 Convention on Global Climate Change.
13 (b) "Kyoto Protocol" means the protocol to expand the
14 scope of the FCCC that was negotiated in December 1997 in
15 Kyoto, Japan.
16 Section 10. Findings and purposes. The General Assembly
17 hereby finds that:
18 (1) The United States is a signatory to the 1992 United
19 Nations Framework Convention on Global Climate Change.
20 (2) A protocol to expand the scope of the FCCC was
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1 negotiated in December 1997 in Kyoto, Japan, requiring the
2 United States to reduce emissions of greenhouse gases such as
3 carbon dioxide and methane by 7% from 1990 emission levels
4 during the period 2008 to 2012, with similar reduction
5 obligations for other major industrial nations.
6 (3) Developing nations, including China, India, Mexico,
7 Indonesia, and Brazil, are exempt from greenhouse gas
8 emission limitation requirements in the FCCC.
9 (4) Developing nations refused in the Kyoto negotiations
10 to accept any new commitments for greenhouse gas emission
11 limitations through the Kyoto Protocol or other agreements.
12 (5) With respect to new commitments under the FCCC,
13 President Clinton pledged on October 22, 1997, that "The
14 United States will not assume binding obligations unless key
15 developing nations meaningfully participate in this effort".
16 (6) On July 25, 1997, the United States Senate adopted
17 Senate Resolution No. 98 by a vote of 95-0, expressing the
18 sense of the Senate that, inter alia, "the United States
19 should not be a signatory to any protocol to or other
20 agreement regarding, the Framework Convention on Climate
21 Change ... which would require the advice and consent of the
22 Senate to ratification, and which would mandate new
23 commitments to mitigate greenhouse gas emissions for the
24 Developed Country Parties, unless the protocol or other
25 agreement also mandates specific scheduled commitments within
26 the same compliance period to mitigate greenhouse gas
27 emissions for Developing Country Parties".
28 (7) The Kyoto Protocol fails to meet the tests
29 established for acceptance of new climate change commitments
30 by President Clinton and by U.S. Senate Resolution No. 98.
31 (8) Achieving the emission reductions proposed by the
32 Kyoto Protocol would require more than a 35% reduction in
33 projected United States carbon dioxide and other greenhouse
34 gas emissions during the period 2008 to 2012.
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1 (9) Developing countries exempt from emission
2 limitations under the Kyoto Protocol are expected to increase
3 their rates of fossil fuel use over the next 2 decades and to
4 surpass the United States and other industrialized countries
5 in total emissions of greenhouse gases.
6 (10) Increased emissions of greenhouse gases by
7 developing countries would offset any potential environmental
8 benefits associated with emissions reductions achieved by the
9 United States and by other industrial nations.
10 (11) Economic impact studies by the U.S. Government
11 estimate that legally binding requirements for the reduction
12 of U.S. greenhouse gases to 1990 emission levels would result
13 in the loss of more than 900,000 jobs in the United States,
14 sharply increased energy prices, reduced family incomes and
15 wages, and severe losses of output in energy-intensive
16 industries such as aluminum, steel, rubber, chemicals, and
17 utilities.
18 (12) The failure to provide for commitments by
19 developing countries in the Kyoto Protocol creates an unfair
20 competitive imbalance between industrial and developing
21 nations, potentially leading to the transfer of jobs and
22 industrial development from the United States to developing
23 countries.
24 (13) Federal implementation of the Kyoto Protocol, if
25 ratified by the United States Senate, would entail new
26 Congressional legislation whose form and requirements cannot
27 be predicted at this time, but could include national energy
28 taxes or emission control allocation and trading schemes that
29 would preempt State-specific programs intended to reduce
30 emissions of greenhouse gases.
31 (14) Piecemeal or other uncoordinated State regulatory
32 initiatives intended to reduce emissions of greenhouse gases
33 may be inconsistent with subsequent Congressional
34 determinations concerning the Kyoto Protocol and with related
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1 federal legislation implementing the Kyoto Protocol.
2 (15) Individual state responses to the Kyoto Protocol,
3 including development of new regulatory programs intended to
4 reduce greenhouse gas emissions, are premature prior to
5 Senate ratification of the Protocol in its current or amended
6 form and Congressional enactment of related implementing
7 legislation.
8 (16) There is neither federal nor State statutory
9 authority for new regulatory programs or other efforts
10 intended to reduce greenhouse gas emissions for purposes of
11 complying with or facilitating compliance with the provisions
12 of the Kyoto Protocol.
13 Section 15. Restrictions on State rules related to
14 greenhouse gas emissions.
15 (a) Effective immediately, the Environmental Protection
16 Agency and the Pollution Control Board shall not propose or
17 adopt any new rule for the intended purpose of addressing the
18 adverse effects of climate change which in whole or in part
19 reduces emissions of greenhouse gases, as those gases are
20 defined by the Kyoto Protocol, from the residential,
21 commercial, industrial, electric utility, or transportation
22 sectors. In the absence of an Act of the General Assembly
23 approving such rules, the Director of the Environmental
24 Protection Agency shall not submit to the U.S. Environmental
25 Protection Agency or to any other agency of the federal
26 government any legally enforceable commitments related to the
27 reduction of greenhouse gases, as those gases are defined by
28 the Kyoto Protocol.
29 (b) Nothing in this Section shall be construed to limit
30 or to impede State or private participation in any on-going
31 voluntary initiatives to reduce emissions of greenhouse
32 gases, including, but not limited to, the U.S. Environmental
33 Protection Agency's Green Lights program, the U.S. Department
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1 of Energy's Climate Challenge program, and similar State and
2 federal initiatives relying on voluntary participation,
3 provided, however, that such participation does not involve
4 any allocation or other distribution of greenhouse gas
5 emission entitlements pursuant to or under color of the Kyoto
6 Protocol.
7 Section 20. Effectiveness. Section 15 of this Act shall
8 become inoperative upon ratification of the Kyoto Protocol by
9 the United States Senate or if Congress otherwise authorizes
10 reductions of emissions of the gases described in Section 15
11 for the purpose of addressing the adverse effects of climate
12 change.
13 Section 55. The Alternate Fuels Act is amended by
14 changing Sections 10 and 25 as follows:
15 (415 ILCS 120/10)
16 Sec. 10. Definitions. As used in this Act:
17 "Agency" means the Environmental Protection Agency.
18 "Alternate fuel" means liquid petroleum gas, natural gas,
19 E85 blend fuel, fuel composed of a minimum 80% ethanol,
20 bio-based methanol, fuels derived from biomass, or
21 electricity.
22 "Alternate fuel vehicle" means any vehicle that is
23 operated in Illinois and is capable of using an alternate
24 fuel.
25 "Conventional", when used to modify the word "vehicle",
26 "engine", or "fuel", means gasoline or diesel or any
27 reformulations of those fuels.
28 "Covered Area" means the counties of Cook, DuPage, Kane,
29 Lake, McHenry, and Will and the townships of AuxSable and
30 Goose Lake in Grundy County and the township of Oswego in
31 Kendall County.
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1 "Director" means the Director of the Environmental
2 Protection Agency.
3 "Domestic renewable fuel" means a fuel, produced in the
4 United States, composed of a minimum 80% ethanol, bio-based
5 methanol, and fuels derived from bio-mass.
6 "E85 blend fuel" means fuel that contains 85% ethanol and
7 15% gasoline.
8 "GVWR" means Gross Vehicle Weight Rating.
9 "Location" means (i) a parcel of real property or (ii)
10 multiple, contiguous parcels of real property that are
11 separated by private roadways, public roadways, or private
12 or public rights-of-way and are owned, operated, leased, or
13 under common control of one party.
14 "Original equipment manufacturer" or "OEM" means a
15 manufacturer of alternate fuel vehicles or a manufacturer or
16 remanufacturer of alternate fuel engines used in vehicles
17 greater than 8500 pounds GVWR.
18 "Rental vehicle" means any motor vehicle that is owned or
19 controlled primarily for the purpose of short-term leasing or
20 rental pursuant to a contract.
21 (Source: P.A. 89-410.)
22 (415 ILCS 120/25)
23 Sec. 25. Ethanol fuel research program. The Agency
24 shall initiate a research program to reduce the costs of
25 producing ethanol fuels and increase the viability of ethanol
26 fuels, new ethanol engine technologies, and ethanol refueling
27 infrastructure systems. This research shall be funded from
28 the Alternate Fuels Fund. The research program shall remain
29 in effect until December 31, 2002 1999, or until funds are no
30 longer available.
31 (Source: P.A. 89-410.)
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".