Bill Text: IL HB0688 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning tax credits related to qualified solid waste energy facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0688 Detail]
Download: Illinois-2011-HB0688-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 8-403.1 as follows:
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6 | (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1)
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7 | Sec. 8-403.1. Electricity purchased from qualified solid | |||||||||||||||||||
8 | waste energy
facility; tax credit; distributions for economic | |||||||||||||||||||
9 | development. | |||||||||||||||||||
10 | (a) It is hereby declared to be the
the policy of this | |||||||||||||||||||
11 | State to encourage the
development of alternate energy | |||||||||||||||||||
12 | production facilities in order to conserve our
energy resources | |||||||||||||||||||
13 | and to provide for their most efficient use. | |||||||||||||||||||
14 | (b) For the purpose of this Section and Section 9-215.1, | |||||||||||||||||||
15 | "qualified
solid waste energy facility" means a facility | |||||||||||||||||||
16 | determined by the
Illinois Commerce Commission to qualify as | |||||||||||||||||||
17 | such under the Local Solid
Waste Disposal Act, to use methane | |||||||||||||||||||
18 | gas generated from landfills as its
primary fuel, and to | |||||||||||||||||||
19 | possess characteristics that would enable it to qualify
as a | |||||||||||||||||||
20 | cogeneration or small power production facility under federal | |||||||||||||||||||
21 | law.
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22 | (c) In furtherance of the policy declared in this Section, | |||||||||||||||||||
23 | the
Illinois Commerce Commission shall require electric |
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1 | utilities to enter into
long-term contracts to purchase | ||||||
2 | electricity from qualified solid waste
energy facilities | ||||||
3 | located in the electric utility's service area, for a
period | ||||||
4 | beginning on the date that the facility begins generating
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5 | electricity and having a duration of not less than 10 years
in | ||||||
6 | the case of facilities fueled by landfill-generated methane, or | ||||||
7 | 20
years in the case of facilities fueled by methane generated | ||||||
8 | from a landfill
owned by a forest preserve district. The | ||||||
9 | purchase rate contained in such
contracts shall be equal to the | ||||||
10 | average amount per kilowatt-hour paid from
time to time by the | ||||||
11 | unit or units of local government in which the
electricity | ||||||
12 | generating facilities are located, excluding amounts paid for
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13 | street lighting and pumping service.
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14 | (d) Whenever a public utility is required to purchase | ||||||
15 | electricity
pursuant to subsection (c) above, it shall be | ||||||
16 | entitled to credits in
respect of its obligations to remit to | ||||||
17 | the State taxes it has
collected under the Electricity Excise | ||||||
18 | Tax Law equal to the amounts,
if any, by which payments for | ||||||
19 | such electricity
exceed (i) the then current rate at which the | ||||||
20 | utility must purchase the
output of qualified facilities | ||||||
21 | pursuant to the federal Public
Utility Regulatory Policies Act | ||||||
22 | of 1978, less (ii) any costs, expenses, losses,
damages or | ||||||
23 | other amounts incurred by the utility, or for which it becomes
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24 | liable, arising out of its failure to obtain such electricity | ||||||
25 | from such other
sources. The amount of any such
credit shall, | ||||||
26 | in the first instance, be
determined by the utility, which |
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1 | shall make a monthly report of such credits
to the Illinois | ||||||
2 | Commerce Commission and, on its monthly tax return, to the
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3 | Illinois Department of Revenue. Under no circumstances shall a | ||||||
4 | utility be
required to purchase electricity from a qualified | ||||||
5 | solid waste energy facility
at the rate prescribed in | ||||||
6 | subsection (c) of this Section if such purchase would
result in | ||||||
7 | estimated tax credits that exceed, on a monthly basis, the | ||||||
8 | utility's
estimated obligation to remit to the State taxes it | ||||||
9 | has
collected under the Electricity Excise Tax Law. The
owner | ||||||
10 | or operator shall negotiate facility operating conditions with | ||||||
11 | the
purchasing utility in accordance with that utility's posted | ||||||
12 | standard terms and
conditions for small power producers. If the | ||||||
13 | Department of Revenue disputes the
amount of any such credit, | ||||||
14 | such dispute shall be decided by the Illinois
Commerce | ||||||
15 | Commission. Whenever a qualified solid waste energy facility | ||||||
16 | has paid
or otherwise
satisfied in full the capital costs or | ||||||
17 | indebtedness incurred in developing
and implementing the | ||||||
18 | qualified solid waste energy facility, whenever the qualified | ||||||
19 | solid waste energy facility ceases to operate and produce | ||||||
20 | electricity from methane gas generated from landfills, or at | ||||||
21 | the end of the contract entered into pursuant to subsection (c) | ||||||
22 | of this Section, whichever occurs first, the qualified solid | ||||||
23 | waste energy facility shall
reimburse the Public Utility Fund | ||||||
24 | and the General Revenue
Fund in the State treasury for the | ||||||
25 | actual
reduction in payments to those Funds caused by this
| ||||||
26 | subsection (d) in a
manner to be determined by the Illinois |
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1 | Commerce Commission and based on
the manner in which revenues | ||||||
2 | for those Funds were reduced. The payments shall be made to the | ||||||
3 | Illinois Commerce Commission, which shall determine the | ||||||
4 | appropriate disbursements to the Public Utility Fund and the | ||||||
5 | General Revenue Fund based on this subsection (d).
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6 | (e) The Illinois Commerce Commission shall not require an | ||||||
7 | electric
utility to purchase electricity from any qualified | ||||||
8 | solid waste energy facility
which is owned or operated by
an | ||||||
9 | entity that is primarily engaged in the
business of producing | ||||||
10 | or selling electricity, gas, or useful thermal energy
from a | ||||||
11 | source other than one or more qualified solid waste energy | ||||||
12 | facilities.
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13 | (e-5) A qualified solid waste energy facility may receive | ||||||
14 | the purchase rate provided in subsection (c) of this Section | ||||||
15 | only for kilowatt-hours generated by the use of methane
gas | ||||||
16 | generated from landfills. The purchase rate provided in | ||||||
17 | subsection (c) of this Section does not apply to electricity | ||||||
18 | generated by the use of a fuel that is not methane gas | ||||||
19 | generated from landfills. If the Illinois Commerce Commission | ||||||
20 | determines that a qualified solid waste energy facility has | ||||||
21 | violated the requirement regarding the use of methane gas | ||||||
22 | generated from a landfill as set forth in this subsection | ||||||
23 | (e-5), then the Commission shall issue an order requiring that | ||||||
24 | the qualified solid waste energy facility repay the State for | ||||||
25 | all dollar amounts of electricity sales that are determined by | ||||||
26 | the Commission to be the result of the violation. As part of |
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1 | that order, the Commission shall have the authority to revoke | ||||||
2 | the facility's approval to act as a qualified solid waste | ||||||
3 | energy facility granted by the Commission under this Section. | ||||||
4 | If the amount owed by the qualified solid waste energy facility | ||||||
5 | is not received by the Commission within 90 days after the date | ||||||
6 | of the Commission's order that requires repayment, then the | ||||||
7 | Commission shall issue an order that revokes the facility's | ||||||
8 | approval to act as a qualified solid waste energy facility | ||||||
9 | granted by the Commission under this Section. The Commission's | ||||||
10 | action that vacates prior qualified solid waste energy facility | ||||||
11 | approval does not excuse the repayment to the State treasury | ||||||
12 | required by subsection (d) of this Section for utility tax | ||||||
13 | credits accumulated up to the time of the Commission's action.
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14 | A qualified solid waste energy facility must receive Commission | ||||||
15 | approval before it may use any fuel in addition to methane gas | ||||||
16 | generated from a landfill in order to generate electricity. If | ||||||
17 | a qualified solid waste energy facility petitions the | ||||||
18 | Commission to use any fuel in addition to methane gas generated | ||||||
19 | from a landfill to generate electricity, then the Commission | ||||||
20 | shall have the authority to do the following: | ||||||
21 | (1) establish the methodology for determining the | ||||||
22 | amount of electricity that is generated by the use of | ||||||
23 | methane gas generated from a landfill and the amount that | ||||||
24 | is generated by the use of other fuel; | ||||||
25 | (2) determine all reporting requirements for the | ||||||
26 | qualified solid waste energy facility that are necessary |
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1 | for the Commission to determine the amount of electricity | ||||||
2 | that is generated by the use of methane gas from a landfill | ||||||
3 | and the amount that is generated by the use of other fuel | ||||||
4 | and the resulting payments to the qualified solid waste | ||||||
5 | energy facility; and | ||||||
6 | (3) require that the qualified solid waste energy | ||||||
7 | facility, at the qualified solid waste energy facility's | ||||||
8 | expense, install metering equipment that the Commission | ||||||
9 | determines is necessary to enforce compliance with this | ||||||
10 | subsection (e-5). | ||||||
11 | A public utility that is required to enter into a long-term | ||||||
12 | purchase contract with a qualified solid waste energy facility | ||||||
13 | has no duty to determine whether the electricity being | ||||||
14 | purchased was generated by the use of methane gas generated | ||||||
15 | from a landfill or was generated by the use of some other fuel | ||||||
16 | in violation of the requirements of this subsection (e-5).
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17 | (f) This Section does not require an electric utility to | ||||||
18 | construct
additional facilities unless those facilities are | ||||||
19 | paid for by the owner or
operator of the affected qualified | ||||||
20 | solid waste energy facility.
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21 | (g) The Illinois Commerce Commission shall require that: | ||||||
22 | (1) electric
utilities use the electricity purchased from a | ||||||
23 | qualified solid waste
energy facility to displace electricity | ||||||
24 | generated from nuclear power or
coal mined and purchased | ||||||
25 | outside the boundaries of the State of Illinois
before | ||||||
26 | displacing electricity generated from coal mined and purchased
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1 | within the State of Illinois, to the extent possible, and (2) | ||||||
2 | electric
utilities report annually to the Commission on the | ||||||
3 | extent of such
displacements.
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4 | (h) Nothing in this Section is intended to cause an | ||||||
5 | electric utility
that is required to purchase power hereunder | ||||||
6 | to incur any economic loss as
a result of its purchase. All | ||||||
7 | amounts paid for power which a utility is
required to purchase | ||||||
8 | pursuant to subparagraph (c) shall be deemed to be
costs | ||||||
9 | prudently incurred for purposes of computing charges under | ||||||
10 | rates
authorized by Section 9-220 of this Act. Tax credits | ||||||
11 | provided for herein
shall be reflected in charges made pursuant | ||||||
12 | to rates so authorized to the
extent such credits are based | ||||||
13 | upon a cost which is also reflected in such
charges.
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14 | (i) Beginning in February 1999 and through January 2013, | ||||||
15 | each qualified
solid waste energy facility that sells | ||||||
16 | electricity to an electric utility at
the purchase rate | ||||||
17 | described in subsection (c) shall file with the Department
of | ||||||
18 | Revenue on or before the 15th of each month a form, prescribed | ||||||
19 | by the
Department of Revenue, that states the number of | ||||||
20 | kilowatt hours of electricity
for which payment was received at | ||||||
21 | that purchase rate from electric utilities
in Illinois during | ||||||
22 | the immediately
preceding month. This form shall be accompanied | ||||||
23 | by a payment from the
qualified solid waste energy facility in | ||||||
24 | an amount equal to six-tenths of a
mill ($0.0006) per kilowatt | ||||||
25 | hour of electricity stated on the form. Beginning
on the | ||||||
26 | effective date of this amendatory Act of the 92nd General
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1 | Assembly, a qualified solid waste energy facility must file the | ||||||
2 | form required
under this subsection (i) before the 15th of each | ||||||
3 | month regardless of whether
the facility received any payment | ||||||
4 | in the previous month. Payments received by
the Department of | ||||||
5 | Revenue shall be deposited into the Municipal Economic
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6 | Development Fund, a trust fund created outside the State | ||||||
7 | treasury.
The State Treasurer may invest the moneys in the Fund | ||||||
8 | in any investment
authorized by the Public Funds Investment | ||||||
9 | Act, and investment income shall be
deposited into and become | ||||||
10 | part of the Fund. Moneys in the Fund shall be used
by the State | ||||||
11 | Treasurer as provided in subsection (j). | ||||||
12 | Beginning on July 1, 2006 through January 31, 2013, each | ||||||
13 | month the State Treasurer shall certify the following to the | ||||||
14 | State Comptroller: | ||||||
15 | (A) the amount received by the Department of Revenue | ||||||
16 | under this subsection (i) during the immediately preceding | ||||||
17 | month; and | ||||||
18 | (B) the amount received by the Department of Revenue | ||||||
19 | under this subsection (i) in the corresponding month in | ||||||
20 | calendar year 2002. | ||||||
21 | As soon as practicable after receiving the certification from | ||||||
22 | the State Treasurer, the State Comptroller shall transfer from | ||||||
23 | the General Revenue Fund to the Municipal Economic Development | ||||||
24 | Fund in the State treasury an amount equal to the amount by | ||||||
25 | which the amount calculated under item (B) of this paragraph | ||||||
26 | exceeds the amount calculated under item (A) of this paragraph, |
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1 | if any.
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2 | The obligation of a
qualified solid waste energy facility | ||||||
3 | to make payments into the Municipal
Economic Development Fund | ||||||
4 | shall terminate upon either: (1) expiration or
termination of a | ||||||
5 | facility's contract to sell electricity to an electric
utility | ||||||
6 | at the purchase rate described in subsection (c); or (2) entry
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7 | of an enforceable, final, and non-appealable order by a court | ||||||
8 | of competent
jurisdiction that Public Act 89-448 is invalid. | ||||||
9 | Payments by a
qualified solid waste energy facility into the | ||||||
10 | Municipal Economic Development
Fund do not relieve the | ||||||
11 | qualified solid waste energy facility of its
obligation to | ||||||
12 | reimburse the Public Utility Fund and the General Revenue Fund
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13 | for the actual reduction in payments
to those Funds as a result | ||||||
14 | of credits received by electric utilities under
subsection (d).
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15 | A qualified solid waste energy facility that fails to | ||||||
16 | timely file the
requisite form and payment as required by this | ||||||
17 | subsection (i) shall be subject
to penalties and interest in | ||||||
18 | conformance with the provisions of the Illinois
Uniform Penalty | ||||||
19 | and Interest Act.
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20 | Every qualified solid waste energy facility subject to the | ||||||
21 | provisions of this
subsection (i) shall keep and maintain | ||||||
22 | records and books of its sales pursuant
to subsection (c), | ||||||
23 | including payments received from those sales and the
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24 | corresponding tax payments made in accordance with this | ||||||
25 | subsection (i), and for
purposes of enforcement of this | ||||||
26 | subsection (i) all such books and records shall
be subject to |
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1 | inspection by the Department of Revenue or its duly authorized
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2 | agents or employees.
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3 | When a qualified solid waste energy facility fails to file | ||||||
4 | the form or make
the payment required under this subsection | ||||||
5 | (i), the Department of Revenue, to
the extent that it is | ||||||
6 | practical, may enforce the payment obligation in a manner
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7 | consistent with Section 5 of the Retailers' Occupation Tax Act, | ||||||
8 | and if
necessary may impose and enforce a tax lien in a manner | ||||||
9 | consistent with
Sections 5a, 5b, 5c, 5d, 5e, 5f,
5g, and 5i of | ||||||
10 | the Retailers' Occupation Tax Act. No tax lien may be imposed
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11 | or enforced, however, unless a qualified solid waste energy | ||||||
12 | facility fails to
make the payment required under this | ||||||
13 | subsection (i). Only to the extent
necessary and for the | ||||||
14 | purpose of enforcing this subsection (i), the Department
of | ||||||
15 | Revenue may secure necessary information from a qualified solid | ||||||
16 | waste energy
facility in a manner consistent with Section 10 of
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17 | the Retailers' Occupation Tax Act.
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18 | All information received by the Department of Revenue in | ||||||
19 | its administration
and enforcement of this subsection (i) shall | ||||||
20 | be confidential in a manner
consistent with Section 11 of the | ||||||
21 | Retailers' Occupation Tax Act. The
Department of Revenue may | ||||||
22 | adopt rules to implement the provisions of this
subsection (i).
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23 | For purposes of implementing the maximum aggregate | ||||||
24 | distribution provisions in
subsections (j) and (k), when a | ||||||
25 | qualified solid waste energy facility makes a
late payment to | ||||||
26 | the Department of Revenue for deposit into the Municipal
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1 | Economic Development Fund, that payment and deposit shall be | ||||||
2 | attributed to the
month and corresponding quarter in which the | ||||||
3 | payment should have been made, and
the Treasurer shall make | ||||||
4 | retroactive distributions or refunds, as the case may
be, | ||||||
5 | whenever such late payments so require.
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6 | (j) The State Treasurer, without appropriation, must make | ||||||
7 | distributions
immediately after January 15, April 15, July 15, | ||||||
8 | and October 15 of each
year, up to maximum aggregate | ||||||
9 | distributions of $500,000 for the distributions
made in the 4 | ||||||
10 | quarters beginning with the April distribution and ending with
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11 | the January distribution,
from the Municipal Economic | ||||||
12 | Development Fund to each city, village, or
incorporated town | ||||||
13 | located in Cook County that has approved construction within | ||||||
14 | its boundaries of an incinerator
that will burn recovered wood | ||||||
15 | processed for fuel to generate electricity and will commence | ||||||
16 | operation after 2009. Total distributions in the
aggregate to | ||||||
17 | all qualified cities, villages, and incorporated towns in the 4
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18 | quarters beginning with the April distribution and ending with | ||||||
19 | the January
distribution shall not exceed $500,000. The amount
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20 | of each distribution shall be determined pro rata based on the | ||||||
21 | population of
the city, village, or incorporated town compared | ||||||
22 | to the total population of all
cities, villages, and | ||||||
23 | incorporated towns eligible to receive a distribution.
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24 | Distributions received by a city, village, or incorporated town | ||||||
25 | must be held in
a separate account and may
be used only to | ||||||
26 | promote and enhance industrial, commercial, residential,
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1 | service, transportation, and recreational activities and | ||||||
2 | facilities within its
boundaries, thereby enhancing the | ||||||
3 | employment opportunities, public health and
general welfare, | ||||||
4 | and
economic development within the community, including | ||||||
5 | administrative
expenditures exclusively to further these | ||||||
6 | activities. Distributions may also be used for cleanup of open | ||||||
7 | dumping from vacant properties and the removal of structures | ||||||
8 | condemned by the city, village, or incorporated town. These
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9 | funds, however, shall not be used by the city, village, or | ||||||
10 | incorporated town,
directly or
indirectly, to purchase, lease, | ||||||
11 | operate, or in any way subsidize the operation
of any | ||||||
12 | incinerator, and these funds shall not be paid, directly
or | ||||||
13 | indirectly, by the city, village, or incorporated town to the | ||||||
14 | owner,
operator, lessee, shareholder, or bondholder of any | ||||||
15 | incinerator.
Moreover, these funds shall not be used to pay | ||||||
16 | attorneys fees in any litigation
relating to the validity of | ||||||
17 | Public Act 89-448. Nothing in
this Section prevents a city, | ||||||
18 | village, or incorporated town from using other
corporate funds | ||||||
19 | for any legitimate purpose. For purposes of this subsection,
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20 | the term "municipal waste" has the meaning ascribed to it in | ||||||
21 | Section 3.290 of the Environmental Protection Act.
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22 | (k) If maximum aggregate distributions of $500,000 under | ||||||
23 | subsection (j)
have been made after the January distribution | ||||||
24 | from the Municipal Economic
Development Fund, then the balance | ||||||
25 | in the Fund shall be refunded to the
qualified
solid waste | ||||||
26 | energy facilities that made payments that were deposited into |
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1 | the
Fund during the previous 12-month period. The refunds shall | ||||||
2 | be prorated based
upon the facility's payments in relation to | ||||||
3 | total payments for that 12-month
period.
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4 | (l) Beginning January 1, 2000, and each January 1 | ||||||
5 | thereafter, each city,
village, or incorporated town that | ||||||
6 | received distributions from the Municipal
Economic Development | ||||||
7 | Fund, continued to hold any of those distributions, or
made | ||||||
8 | expenditures from those distributions during the immediately | ||||||
9 | preceding
year shall submit to
a financial and compliance and | ||||||
10 | program audit of those distributions performed
by the Auditor | ||||||
11 | General at no cost to the city, village, or incorporated town
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12 | that received the distributions. The audit should be completed | ||||||
13 | by June 30 or
as soon thereafter as possible. The audit shall | ||||||
14 | be submitted to the State
Treasurer and those officers | ||||||
15 | enumerated in Section 3-14 of the Illinois State
Auditing Act.
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16 | If the Auditor General finds that distributions have been | ||||||
17 | expended in violation
of this Section, the Auditor General | ||||||
18 | shall refer the matter to the Attorney
General. The Attorney | ||||||
19 | General may recover, in a civil action, 3 times the
amount of | ||||||
20 | any distributions illegally expended.
For purposes of this | ||||||
21 | subsection, the terms "financial audit," "compliance
audit", | ||||||
22 | and "program audit" have the meanings ascribed to them in | ||||||
23 | Sections 1-13
and 1-15 of the Illinois State Auditing Act.
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24 | (m) On and after the effective date of this amendatory Act | ||||||
25 | of the 94th General Assembly, beginning on the first date on | ||||||
26 | which renewable energy certificates or other saleable |
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1 | representations are sold by a qualified solid waste energy | ||||||
2 | facility, with or without the electricity generated by the | ||||||
3 | facility, and utilized by an electric utility or another | ||||||
4 | electric supplier to comply with a renewable energy portfolio | ||||||
5 | standard mandated by Illinois law or mandated by order of the | ||||||
6 | Illinois Commerce Commission, that qualified solid waste | ||||||
7 | energy facility may not sell electricity pursuant to this | ||||||
8 | Section and shall be exempt from the requirements of | ||||||
9 | subsections (a) through (l) of this Section, except that it | ||||||
10 | shall remain obligated for any reimbursements required under | ||||||
11 | subsection (d) of this Section. All of the provisions of this | ||||||
12 | Section shall remain in full force and effect with respect to | ||||||
13 | any qualified solid waste energy facility that sold electric | ||||||
14 | energy pursuant to this Section at any time before July 1, 2006 | ||||||
15 | and that does not sell renewable energy certificates or other | ||||||
16 | saleable representations to meet the requirements of a | ||||||
17 | renewable energy portfolio standard mandated by Illinois law or | ||||||
18 | mandated by order of the Illinois Commerce Commission. | ||||||
19 | (n) Notwithstanding any other provision of law to the | ||||||
20 | contrary, beginning on July 1, 2006, the Illinois Commerce | ||||||
21 | Commission shall not issue any order determining that a | ||||||
22 | facility is a qualified solid waste energy facility unless the | ||||||
23 | qualified solid waste energy facility was determined by the | ||||||
24 | Illinois Commerce Commission to be a qualified solid waste | ||||||
25 | energy facility before July 1, 2006. As a guide to the intent,
| ||||||
26 | interpretation, and application of this amendatory Act of the
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1 | 94th General Assembly, it is hereby declared to be the policy
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2 | of this State to honor each qualified solid waste energy | ||||||
3 | facility
contract in existence on the effective date of this | ||||||
4 | amendatory Act of
the 94th General Assembly if the qualified | ||||||
5 | solid waste energy
facility continues to meet the requirements | ||||||
6 | of this Section for
the duration of its respective contract | ||||||
7 | term. | ||||||
8 | (Source: P.A. 96-449, eff. 8-14-09.)
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