Bill Text: IL HB3854 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the Illinois Energy to Jobs Act. Creates the Carbon Capture and Sequestration Legislation Commission to make a report to the General Assembly by December 31, 2010 concerning specified legislation. Amends the Illinois Power Agency Act to make changes concerning the Resource Development Bureau. Amends the Illinois Power Agency Act to allow the Agency to acquire by eminent domain permanent easements for the distribution, transportation, and storage of CO2. Allows the Agency to lease those easements to energy facilities. Amends the Illinois Power Agency Act and Public Utilities Act to make changes concerning the prudency of supply contracts. Amends the State Fire Marshal Act, the Environmental Protection Act, the Illinois Power Agency Act, and the Public Utilities Act to provide that there shall be processes for expediting the issuance of permits and licenses for projects at energy facilities. Deletes language concerning a moratorium on the construction of nuclear power plants. Amends the Illinois Income Tax Act. Creates a credit equal to 10% of the amount spent during the taxable year on equipment purchased for use at an energy facility. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Restores specified tax exemptions beginning on the effective date of the amendatory Act. Amends (1) the Department of Commerce and Economic Opportunity Law concerning financial assistance, and (2) the Illinois Enterprise Free Zone Act concerning high impact businesses. Amends the Property Tax Code to add a provision concerning real property taxes at energy facilities. Amends the Eminent Domain Act to make conforming changes. Makes other changes. Contains a nonacceleration clause. Contains a severability clause. Effective July 1, 2009.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0754 [HB3854 Detail]

Download: Illinois-2009-HB3854-Enrolled.html

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AN ACT concerning economic development.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Carbon
Capture and Sequestration Legislation Commission Act.
Section 5. Definitions. As used in this Act:
"CO2" means carbon dioxide.
"Commission" means the Carbon Capture and Sequestration
Legislation Commission.
"Director" means the Director of the Illinois Power Agency.
Section 10. Creation of the Carbon Capture and
Sequestration Legislation Commission.
(a) The Carbon Capture and Sequestration Legislation
Commission is created and shall consist of 11 members,
including the Director, who shall serve as the ex-officio
chairperson of the Commission.
(b) The remaining 10 members of the Commission shall be
appointed as follows:
(1) one member shall be appointed by the Speaker of the
House of Representatives;
(2) one member shall be appointed by the President of
the Senate;

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(3) one member shall be appointed by the Minority
Leader of the House of Representatives;
(4) one member shall be appointed by the Minority
Leader of the Senate;
(5) one member shall be the Chairperson of the Illinois
Commerce Commission, or his or her designee; and
(5) 5 members shall be appointed by the Governor.
(c) The appointments made by the Governor shall include one
member with legal expertise, one member with engineering
expertise, one member with financial expertise, one member
representing the employer community, and one member
representing the environmental community.
(d) The Director may retain services from outside parties
with legal, engineering, and financial expertise to assist the
Commission in carrying out its duties.
(e) The Illinois Commerce Commission may assist the
Director in staffing and administering the Commission.
(f) Commission members are not eligible to receive
compensation or reimbursement of expenses.
Section 15. Report on carbon capture and sequestration
legislation.
(a) The Commission shall file a report no later than
December 31, 2010 with the General Assembly on all issues
deemed appropriate to carbon capture and sequestration
legislation, including, but not limited to, the following:

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(1) Ownership of the CO2.
(2) Liability for release of CO2.
(3) Acquisition and ownership of pore space.
(4) Procedures and safeguards for the transportation
and sequestration of CO2.
(5) Methodology to establish any necessary fees,
costs, or offsets.
(6) Potential use of CO2.
(7) Construction of pipelines.
(8) Coordination with applicable federal law or
regulatory commissions.
(b) The Commission shall be abolished upon filing its
report with the General Assembly.
Section 20. Repealer. This Act is repealed on January 1,
2011.
Section 99. Effective date. This Act takes effect upon
becoming law.