8 AN ACT enacting the interstate ozone transport oversight act; providing 9 for legislative review and recommendations regarding certain inter- 10 state memoranda of understanding and agreements. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. This act may be cited as the interstate ozone transport 14 oversight act. 15 Sec. 2. As used in this act: 16 (a) ``Clean air act'' means the federal clean air act, 42 USC 7401 et 17 seq., as amended. 18 (b) ``OTAG'' means the ozone transport assessment group created by 19 the United States environmental protection agency to help states achieve 20 compliance with ozone standards through regional control measures. 21 Sec. 3. (a) Not later than 10 days after the development of any pro- 22 posed memorandum of understanding or other agreement by OTAG that 23 would potentially require states outside of the northeast ozone transport 24 region to undertake emissions reductions in addition to those specified 25 by the clean air act, the director of the bureau of air and radiation of the 26 department of health and environment shall submit such proposed mem- 27 orandum or other agreement to the house committee on environment 28 and the senate committee on energy and natural resources or, if the leg- 29 islature is not in session, the legislative coordinating council, for consid- 30 eration and shall not enter into any such memorandum or agreement until 31 the process of review described in subsection (b) and in sections 4 and 5 32 has been completed. 33 (b) Upon receipt of a memorandum of understanding or agreement 34 pursuant to subsection (a), the committee or council shall hold one or 35 more public hearings to receive comments from state agencies and other 36 interested parties on the prospective public health, economic and envi- 37 ronmental impacts of the memorandum of understanding or agreement, 38 including impacts on energy use, economic development, utility cost and 39 rates and competitiveness. 40 Sec. 4. (a) Upon completion of public hearings required by a com- 41 mittee pursuant to section 3, the committee shall forward, to the presi- 42 dent of the senate or speaker of the house of representatives, a report SB 208 2 1
2 -containing the committee's findings and recommendations concerning 3 the proposed memorandum of understanding and any suggested modi- 4 fications to the terms of appropriability of such memorandum of under- 5 standing or agreement. Upon receipt of the report required, the president 6 of the senate or the speaker of the house of representatives, shall transmit 7 the report to the governor for such further consideration or action as 8 warranted. 9 (b) Upon completion of public hearings by the legislative coordinat- 10 ing council pursuant to section 2, the council shall transmit to the gov- 11 ernor, for such further consideration or action as warranted, a report 12 containing the council's findings and recommendations concerning the 13 proposed memorandum of understanding or agreement and any sug- 14 gested modifications to the terms or appropriability of such memorandum 15 of understanding or agreement. 16 (c) The process outlined in this section and section 3 shall be com- 17 pleted in a reasonable period of time established by the joint rules of the 18 senate and the house of representatives. 19 (d) Nothing in this section shall be construed as to preclude the leg- 20 islature from taking such other action with respect to any proposed mem- 21 orandum of understanding or other agreement related to the interstate 22 transport of ozone as the legislature deems appropriate. 23 Sec. 5. To assist in the legislative review pursuant to sections 3 and 24 4, the department of health and environment shall prepare an environ- 25 mental benefit statement and an economic impact statement similar to 26 those required for environmental rules and regulations pursuant to K.S.A. 27 77-416, and amendments thereto. Such statements shall be submitted to 28 the committee or legislative coordinating council holding a public hearing 29 pursuant to section 3 at least 10 days before the hearing is held. 30 Sec. 6. This act shall take effect and be in force from and after its 31 publication in the statute book.