CHICAGO
CLEAN POWER ORDINANCEWHEREAS, the City of Chicago (the "City") is a home rule unit of government pursuant to the 1970 Illinois Constitution, Article VII, Section 6(a); and
WHEREAS, pursuant to its home rule
power, the City may exercise any
power and perform any function relating to its government and affairs, including, but not limited to, the
power to regulate for the protection of the public health, safety and welfare of its residents; and
WHEREAS, home rule legislation is valid absent explicit and specific action by the General Assembly to limit the home rule unit's concurrent legislative authority in that area as laid out by the 1970 Illinois Constitution, Article VII, Section 6(i); and
WHEREAS, great deference is given to the authority of home rule units of government to set their own environmental policy as long as it meets minimum state standards; and
WHEREAS, the City adopted laws regulating the discharge of smoke, fumes, soot, dust, odors, particulate matter, noxious gases and other pollutants into the air from sources located within the City before environmental legislation was enacted by the State of Illinois and United States of America to address the regional, national or international aspects of air pollution; and
WHEREAS, state and federal air pollution regulations do not adequately address local impacts on human health of air pollution from the local sources; and
WHEREAS, the City has a continuing interest in regulating and authority to regulate air pollution emanating from sources located within the City that threaten the health of persons residing within the City; and
WHEREAS, two coal-fired
power plants operate vvithin the boundaries of the City (the "Fisk and Crawford Plants"); and
WHEREAS, combustion of coal emits particulate matter and carbon dioxide (CO2); and
WHEREAS,
power plant emissions are one of the primary causes of particulate matter (PM) and fine particulate matter pollution (PM2.5) in the air; and
WHEREAS, emissions from the...
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