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 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
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 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.