Bill Text: IL SB3173 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Power Agency Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [SB3173 Detail]
Download: Illinois-2011-SB3173-Amended.html
Bill Title: Amends the Illinois Power Agency Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [SB3173 Detail]
Download: Illinois-2011-SB3173-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 3173
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3173 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Power Agency Act is amended by | ||||||
5 | changing Sections 1-10 and 1-20 and by adding Section 1-76 as | ||||||
6 | follows:
| ||||||
7 | (20 ILCS 3855/1-10)
| ||||||
8 | Sec. 1-10. Definitions. | ||||||
9 | "Agency" means the Illinois Power Agency. | ||||||
10 | "Agency loan agreement" means any agreement pursuant to | ||||||
11 | which the Illinois Finance Authority agrees to loan the | ||||||
12 | proceeds of revenue bonds issued with respect to a project to | ||||||
13 | the Agency upon terms providing for loan repayment installments | ||||||
14 | at least sufficient to pay when due all principal of, interest | ||||||
15 | and premium, if any, on those revenue bonds, and providing for | ||||||
16 | maintenance, insurance, and other matters in respect of the |
| |||||||
| |||||||
1 | project. | ||||||
2 | "Authority" means the Illinois Finance Authority. | ||||||
3 | "Clean coal facility" means an electric generating | ||||||
4 | facility that uses primarily coal as a feedstock and that | ||||||
5 | captures and sequesters carbon dioxide emissions at the | ||||||
6 | following levels: at least 50% of the total carbon dioxide | ||||||
7 | emissions that the facility would otherwise emit if, at the | ||||||
8 | time construction commences, the facility is scheduled to | ||||||
9 | commence operation before 2016, at least 70% of the total | ||||||
10 | carbon dioxide emissions that the facility would otherwise emit | ||||||
11 | if, at the time construction commences, the facility is | ||||||
12 | scheduled to commence operation during 2016 or 2017, and at | ||||||
13 | least 90% of the total carbon dioxide emissions that the | ||||||
14 | facility would otherwise emit if, at the time construction | ||||||
15 | commences, the facility is scheduled to commence operation | ||||||
16 | after 2017. The power block of the clean coal facility shall | ||||||
17 | not exceed allowable emission rates for sulfur dioxide, | ||||||
18 | nitrogen oxides, carbon monoxide, particulates and mercury for | ||||||
19 | a natural gas-fired combined-cycle facility the same size as | ||||||
20 | and in the same location as the clean coal facility at the time | ||||||
21 | the clean coal facility obtains an approved air permit. All | ||||||
22 | coal used by a clean coal facility shall have high volatile | ||||||
23 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
24 | million btu content, unless the clean coal facility does not | ||||||
25 | use gasification technology and was operating as a conventional | ||||||
26 | coal-fired electric generating facility on June 1, 2009 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-1027). | ||||||
2 | "Clean coal SNG brownfield facility" means a facility that | ||||||
3 | (1) has commenced construction by July 1, 2015 on an urban | ||||||
4 | brownfield site in a municipality with at least 1,000,000 | ||||||
5 | residents; (2) uses a gasification process to produce | ||||||
6 | substitute natural gas; (3) uses coal as at least 50% of the | ||||||
7 | total feedstock over the term of any sourcing agreement with a | ||||||
8 | utility and the remainder of the feedstock may be either | ||||||
9 | petroleum coke or coal, with all such coal having a high | ||||||
10 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
11 | million Btu content unless the facility reasonably determines
| ||||||
12 | that it is necessary to use additional petroleum coke to
| ||||||
13 | deliver additional consumer savings, in which case the
facility | ||||||
14 | shall use coal for at least 35% of the total
feedstock over the | ||||||
15 | term of any sourcing agreement; and (4) captures and sequesters | ||||||
16 | at least 85% of the total carbon dioxide emissions that the | ||||||
17 | facility would otherwise emit. | ||||||
18 | "Clean coal SNG facility" means a facility that uses a | ||||||
19 | gasification process to produce substitute natural gas, that | ||||||
20 | sequesters at least 90% of the total carbon dioxide emissions | ||||||
21 | that the facility would otherwise emit, that uses at least 90% | ||||||
22 | coal as a feedstock, with all such coal having a high | ||||||
23 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
24 | million btu content, and that has a valid and effective permit | ||||||
25 | to construct emission sources and air pollution control | ||||||
26 | equipment and approval with respect to the federal regulations |
| |||||||
| |||||||
1 | for Prevention of Significant Deterioration of Air Quality | ||||||
2 | (PSD) for the plant pursuant to the federal Clean Air Act; | ||||||
3 | provided, however, a clean coal SNG brownfield facility shall | ||||||
4 | not be a clean coal SNG facility. | ||||||
5 | "Commission" means the Illinois Commerce Commission. | ||||||
6 | "Costs incurred in connection with the development and | ||||||
7 | construction of a facility" means: | ||||||
8 | (1) the cost of acquisition of all real property, | ||||||
9 | fixtures, and improvements in connection therewith and | ||||||
10 | equipment, personal property, and other property, rights, | ||||||
11 | and easements acquired that are deemed necessary for the | ||||||
12 | operation and maintenance of the facility; | ||||||
13 | (2) financing costs with respect to bonds, notes, and | ||||||
14 | other evidences of indebtedness of the Agency; | ||||||
15 | (3) all origination, commitment, utilization, | ||||||
16 | facility, placement, underwriting, syndication, credit | ||||||
17 | enhancement, and rating agency fees; | ||||||
18 | (4) engineering, design, procurement, consulting, | ||||||
19 | legal, accounting, title insurance, survey, appraisal, | ||||||
20 | escrow, trustee, collateral agency, interest rate hedging, | ||||||
21 | interest rate swap, capitalized interest, contingency, as | ||||||
22 | required by lenders, and other financing costs, and other | ||||||
23 | expenses for professional services; and | ||||||
24 | (5) the costs of plans, specifications, site study and | ||||||
25 | investigation, installation, surveys, other Agency costs | ||||||
26 | and estimates of costs, and other expenses necessary or |
| |||||||
| |||||||
1 | incidental to determining the feasibility of any project, | ||||||
2 | together with such other expenses as may be necessary or | ||||||
3 | incidental to the financing, insuring, acquisition, and | ||||||
4 | construction of a specific project and starting up, | ||||||
5 | commissioning, and placing that project in operation. | ||||||
6 | "Department" means the Department of Commerce and Economic | ||||||
7 | Opportunity. | ||||||
8 | "Director" means the Director of the Illinois Power Agency. | ||||||
9 | "Demand-response" means measures that decrease peak | ||||||
10 | electricity demand or shift demand from peak to off-peak | ||||||
11 | periods. | ||||||
12 | "Distributed renewable energy generation device" means a | ||||||
13 | device that is: | ||||||
14 | (1) powered by wind, solar thermal energy, | ||||||
15 | photovoltaic cells and panels, biodiesel, crops and | ||||||
16 | untreated and unadulterated organic waste biomass, tree | ||||||
17 | waste, and hydropower that does not involve new | ||||||
18 | construction or significant expansion of hydropower dams; | ||||||
19 | (2) interconnected at the distribution system level of | ||||||
20 | either an electric utility as defined in this Section, an | ||||||
21 | alternative retail electric supplier as defined in Section | ||||||
22 | 16-102 of the Public Utilities Act, a municipal utility as | ||||||
23 | defined in Section 3-105 of the Public Utilities Act, or a | ||||||
24 | rural electric cooperative as defined in Section 3-119 of | ||||||
25 | the Public Utilities Act; | ||||||
26 | (3) located on the customer side of the customer's |
| |||||||
| |||||||
1 | electric meter and is primarily used to offset that | ||||||
2 | customer's electricity load; and | ||||||
3 | (4) limited in nameplate capacity to no more than 2,000 | ||||||
4 | kilowatts. | ||||||
5 | "Energy efficiency" means measures that reduce the amount | ||||||
6 | of electricity or natural gas required to achieve a given end | ||||||
7 | use. | ||||||
8 | "Electric utility" has the same definition as found in | ||||||
9 | Section 16-102 of the Public Utilities Act. | ||||||
10 | "Facility" means an electric generating unit or a | ||||||
11 | co-generating unit that produces electricity along with | ||||||
12 | related equipment necessary to connect the facility to an | ||||||
13 | electric transmission or distribution system. | ||||||
14 | "Governmental aggregator" means one or more units of local | ||||||
15 | government that individually or collectively procure | ||||||
16 | electricity to serve residential retail electrical loads | ||||||
17 | located within its or their jurisdiction. | ||||||
18 | "Local government" means a unit of local government as | ||||||
19 | defined in Article VII of Section 1 of Article VII of the | ||||||
20 | Illinois Constitution. | ||||||
21 | "Municipal brownfield site" means a site (1) that is owned | ||||||
22 | by a municipality and conveyed or leased to a person proposing | ||||||
23 | to operate a qualified solar remediation facility on such site | ||||||
24 | and (2) that is the subject of a Superfund alternative approach | ||||||
25 | agreement between the United States Environmental Protection | ||||||
26 | Agency and potentially responsible parties in accordance with |
| |||||||
| |||||||
1 | the federal Comprehensive Environmental Response, | ||||||
2 | Compensation, and Liability Act of 1980, as amended, requiring | ||||||
3 | remedial clean up of such site. | ||||||
4 | "Municipality" means a city, village, or incorporated | ||||||
5 | town. | ||||||
6 | "Person" means any natural person, firm, partnership, | ||||||
7 | corporation, either domestic or foreign, company, association, | ||||||
8 | limited liability company, joint stock company, or association | ||||||
9 | and includes any trustee, receiver, assignee, or personal | ||||||
10 | representative thereof. | ||||||
11 | "Project" means the planning, bidding, and construction of | ||||||
12 | a facility. | ||||||
13 | "Public utility" has the same definition as found in | ||||||
14 | Section 3-105 of the Public Utilities Act. | ||||||
15 | "Qualified solar power purchase agreement" means an | ||||||
16 | agreement between the operator of a qualified solar remediation | ||||||
17 | facility and an electric utility that has terms and conditions | ||||||
18 | meeting the requirements of subsection (c) of Section 1-76 of | ||||||
19 | this Act. | ||||||
20 | "Qualified solar remediation facility" means an electric | ||||||
21 | generating facility: | ||||||
22 | (1) that uses primarily photovoltaic cells and panels | ||||||
23 | to produce energy; | ||||||
24 | (2) that is located at a municipal brownfield site; | ||||||
25 | (3) that has a nameplate capacity of no more than 20 | ||||||
26 | megawatts; and |
| |||||||
| |||||||
1 | (4) where construction of the electric generating | ||||||
2 | facility structure has not commenced on or before the date | ||||||
3 | the application to approve a qualified solar power purchase | ||||||
4 | agreement for such facility is submitted to the Agency in | ||||||
5 | accordance with Section 1-76 of this Act. | ||||||
6 | "Real property" means any interest in land together with | ||||||
7 | all structures, fixtures, and improvements thereon, including | ||||||
8 | lands under water and riparian rights, any easements, | ||||||
9 | covenants, licenses, leases, rights-of-way, uses, and other | ||||||
10 | interests, together with any liens, judgments, mortgages, or | ||||||
11 | other claims or security interests related to real property. | ||||||
12 | "Renewable energy credit" means a tradable credit that | ||||||
13 | represents the environmental attributes of a certain amount of | ||||||
14 | energy produced from a renewable energy resource. | ||||||
15 | "Renewable energy resources" includes energy and its | ||||||
16 | associated renewable energy credit or renewable energy credits | ||||||
17 | from wind, solar thermal energy, photovoltaic cells and panels, | ||||||
18 | biodiesel, anaerobic digestion, crops and untreated and | ||||||
19 | unadulterated organic waste biomass, tree waste, hydropower | ||||||
20 | that does not involve new construction or significant expansion | ||||||
21 | of hydropower dams, and other alternative sources of | ||||||
22 | environmentally preferable energy. For purposes of this Act, | ||||||
23 | landfill gas produced in the State is considered a renewable | ||||||
24 | energy resource. "Renewable energy resources" does not include | ||||||
25 | the incineration or burning of tires, garbage, general | ||||||
26 | household, institutional, and commercial waste, industrial |
| |||||||
| |||||||
1 | lunchroom or office waste, landscape waste other than tree | ||||||
2 | waste, railroad crossties, utility poles, or construction or | ||||||
3 | demolition debris, other than untreated and unadulterated | ||||||
4 | waste wood. | ||||||
5 | "Revenue bond" means any bond, note, or other evidence of | ||||||
6 | indebtedness issued by the Authority, the principal and | ||||||
7 | interest of which is payable solely from revenues or income | ||||||
8 | derived from any project or activity of the Agency. | ||||||
9 | "Sequester" means permanent storage of carbon dioxide by | ||||||
10 | injecting it into a saline aquifer, a depleted gas reservoir, | ||||||
11 | or an oil reservoir, directly or through an enhanced oil | ||||||
12 | recovery process that may involve intermediate storage, | ||||||
13 | regardless of whether these activities are conducted by a clean | ||||||
14 | coal facility, a clean coal SNG facility, a clean coal SNG | ||||||
15 | brownfield facility, or a party with which a clean coal | ||||||
16 | facility, or clean coal SNG facility, or clean coal SNG | ||||||
17 | brownfield facility has contracted for such purposes. | ||||||
18 | "Sourcing agreement" means (i) in the case of an electric | ||||||
19 | utility, an agreement between the owner of a clean coal | ||||||
20 | facility and such electric utility, which agreement shall have | ||||||
21 | terms and conditions meeting the requirements of paragraph (3) | ||||||
22 | of subsection (d) of Section 1-75, (ii) in the case of an | ||||||
23 | alternative retail electric supplier, an agreement between the | ||||||
24 | owner of a clean coal facility and such alternative retail | ||||||
25 | electric supplier, which agreement shall have terms and | ||||||
26 | conditions meeting the requirements of Section 16-115(d)(5) of |
| |||||||
| |||||||
1 | the Public Utilities Act, and (iii) in case of a gas utility, | ||||||
2 | an agreement between the owner of a clean coal SNG brownfield | ||||||
3 | facility and the gas utility, which agreement shall have the | ||||||
4 | terms and conditions meeting the requirements of subsection | ||||||
5 | (h-1) of Section 9-220 of the Public Utilities Act. | ||||||
6 | "Substitute natural gas" or "SNG" means a gas manufactured | ||||||
7 | by gasification of hydrocarbon feedstock, which is | ||||||
8 | substantially interchangeable in use and distribution with | ||||||
9 | conventional natural gas. | ||||||
10 | "Total resource cost test" or "TRC test" means a standard | ||||||
11 | that is met if, for an investment in energy efficiency or | ||||||
12 | demand-response measures, the benefit-cost ratio is greater | ||||||
13 | than one. The benefit-cost ratio is the ratio of the net | ||||||
14 | present value of the total benefits of the program to the net | ||||||
15 | present value of the total costs as calculated over the | ||||||
16 | lifetime of the measures. A total resource cost test compares | ||||||
17 | the sum of avoided electric utility costs, representing the | ||||||
18 | benefits that accrue to the system and the participant in the | ||||||
19 | delivery of those efficiency measures, as well as other | ||||||
20 | quantifiable societal benefits, including avoided natural gas | ||||||
21 | utility costs, to the sum of all incremental costs of end-use | ||||||
22 | measures that are implemented due to the program (including | ||||||
23 | both utility and participant contributions), plus costs to | ||||||
24 | administer, deliver, and evaluate each demand-side program, to | ||||||
25 | quantify the net savings obtained by substituting the | ||||||
26 | demand-side program for supply resources. In calculating |
| |||||||
| |||||||
1 | avoided costs of power and energy that an electric utility | ||||||
2 | would otherwise have had to acquire, reasonable estimates shall | ||||||
3 | be included of financial costs likely to be imposed by future | ||||||
4 | regulations and legislation on emissions of greenhouse gases.
| ||||||
5 | (Source: P.A. 96-33, eff. 7-10-09; 96-159, eff. 8-10-09; | ||||||
6 | 96-784, eff. 8-28-09; 96-1000, eff. 7-2-10; 97-96, eff. | ||||||
7 | 7-13-11; 97-239, eff. 8-2-11; 97-491, eff. 8-22-11; 97-616, | ||||||
8 | eff. 10-26-11; revised 11-10-11.)
| ||||||
9 | (20 ILCS 3855/1-20)
| ||||||
10 | Sec. 1-20. General powers of the Agency. | ||||||
11 | (a) The Agency is authorized to do each of the following: | ||||||
12 | (1) Develop electricity procurement plans to ensure | ||||||
13 | adequate, reliable, affordable, efficient, and | ||||||
14 | environmentally sustainable electric service at the lowest | ||||||
15 | total cost over time, taking into account any benefits of | ||||||
16 | price stability, for electric utilities that on December | ||||||
17 | 31, 2005 provided electric service to at least 100,000 | ||||||
18 | customers in Illinois and for small multi-jurisdictional | ||||||
19 | electric utilities that (A) on December 31, 2005 served | ||||||
20 | less than 100,000 customers in Illinois and (B) request a | ||||||
21 | procurement plan for their Illinois jurisdictional load. | ||||||
22 | The procurement plans shall be updated on an annual basis | ||||||
23 | and shall include electricity generated from renewable | ||||||
24 | resources sufficient to achieve the standards specified in | ||||||
25 | this Act. |
| |||||||
| |||||||
1 | (2) Conduct competitive procurement processes to | ||||||
2 | procure the supply resources identified in the procurement | ||||||
3 | plan, pursuant to Section 16-111.5 of the Public Utilities | ||||||
4 | Act. | ||||||
5 | (3) Develop electric generation and co-generation | ||||||
6 | facilities that use indigenous coal or renewable | ||||||
7 | resources, or both, financed with bonds issued by the | ||||||
8 | Illinois Finance Authority. | ||||||
9 | (4) Supply electricity from the Agency's facilities at | ||||||
10 | cost to one or more of the following: municipal electric | ||||||
11 | systems, governmental aggregators, or rural electric | ||||||
12 | cooperatives in Illinois. | ||||||
13 | (b) Except as otherwise limited by this Act, the Agency has | ||||||
14 | all of the powers necessary or convenient to carry out the | ||||||
15 | purposes and provisions of this Act, including without | ||||||
16 | limitation, each of the following: | ||||||
17 | (1) To have a corporate seal, and to alter that seal at | ||||||
18 | pleasure, and to use it by causing it or a facsimile to be | ||||||
19 | affixed or impressed or reproduced in any other manner. | ||||||
20 | (2) To use the services of the Illinois Finance | ||||||
21 | Authority necessary to carry out the Agency's purposes. | ||||||
22 | (3) To negotiate and enter into loan agreements and | ||||||
23 | other agreements with the Illinois Finance Authority. | ||||||
24 | (4) To obtain and employ personnel and hire consultants | ||||||
25 | that are necessary to fulfill the Agency's purposes, and to | ||||||
26 | make expenditures for that purpose within the |
| |||||||
| |||||||
1 | appropriations for that purpose. | ||||||
2 | (5) To purchase, receive, take by grant, gift, devise, | ||||||
3 | bequest, or otherwise, lease, or otherwise acquire, own, | ||||||
4 | hold, improve, employ, use, and otherwise deal in and with, | ||||||
5 | real or personal property whether tangible or intangible, | ||||||
6 | or any interest therein, within the State. | ||||||
7 | (6) To acquire real or personal property, whether | ||||||
8 | tangible or intangible, including without limitation | ||||||
9 | property rights, interests in property, franchises, | ||||||
10 | obligations, contracts, and debt and equity securities, | ||||||
11 | and to do so by the exercise of the power of eminent domain | ||||||
12 | in accordance with Section 1-21; except that any real | ||||||
13 | property acquired by the exercise of the power of eminent | ||||||
14 | domain must be located within the State. | ||||||
15 | (7) To sell, convey, lease, exchange, transfer, | ||||||
16 | abandon, or otherwise dispose of, or mortgage, pledge, or | ||||||
17 | create a security interest in, any of its assets, | ||||||
18 | properties, or any interest therein, wherever situated. | ||||||
19 | (8) To purchase, take, receive, subscribe for, or | ||||||
20 | otherwise acquire, hold, make a tender offer for, vote, | ||||||
21 | employ, sell, lend, lease, exchange, transfer, or | ||||||
22 | otherwise dispose of, mortgage, pledge, or grant a security | ||||||
23 | interest in, use, and otherwise deal in and with, bonds and | ||||||
24 | other obligations, shares, or other securities (or | ||||||
25 | interests therein) issued by others, whether engaged in a | ||||||
26 | similar or different business or activity. |
| |||||||
| |||||||
1 | (9) To make and execute agreements, contracts, and | ||||||
2 | other instruments necessary or convenient in the exercise | ||||||
3 | of the powers and functions of the Agency under this Act, | ||||||
4 | including contracts with any person, including personal | ||||||
5 | service contracts, or with any local government, State | ||||||
6 | agency, or other entity; and all State agencies and all | ||||||
7 | local governments are authorized to enter into and do all | ||||||
8 | things necessary to perform any such agreement, contract, | ||||||
9 | or other instrument with the Agency. No such agreement, | ||||||
10 | contract, or other instrument shall exceed 40 years. | ||||||
11 | (10) To lend money, invest and reinvest its funds in | ||||||
12 | accordance with the Public Funds Investment Act, and take | ||||||
13 | and hold real and personal property as security for the | ||||||
14 | payment of funds loaned or invested. | ||||||
15 | (11) To borrow money at such rate or rates of interest | ||||||
16 | as the Agency may determine, issue its notes, bonds, or | ||||||
17 | other obligations to evidence that indebtedness, and | ||||||
18 | secure any of its obligations by mortgage or pledge of its | ||||||
19 | real or personal property, machinery, equipment, | ||||||
20 | structures, fixtures, inventories, revenues, grants, and | ||||||
21 | other funds as provided or any interest therein, wherever | ||||||
22 | situated. | ||||||
23 | (12) To enter into agreements with the Illinois Finance | ||||||
24 | Authority to issue bonds whether or not the income | ||||||
25 | therefrom is exempt from federal taxation. | ||||||
26 | (13) To procure insurance against any loss in |
| |||||||
| |||||||
1 | connection with its properties or operations in such amount | ||||||
2 | or amounts and from such insurers, including the federal | ||||||
3 | government, as it may deem necessary or desirable, and to | ||||||
4 | pay any premiums therefor. | ||||||
5 | (14) To negotiate and enter into agreements with | ||||||
6 | trustees or receivers appointed by United States | ||||||
7 | bankruptcy courts or federal district courts or in other | ||||||
8 | proceedings involving adjustment of debts and authorize | ||||||
9 | proceedings involving adjustment of debts and authorize | ||||||
10 | legal counsel for the Agency to appear in any such | ||||||
11 | proceedings. | ||||||
12 | (15) To file a petition under Chapter 9 of Title 11 of | ||||||
13 | the United States Bankruptcy Code or take other similar | ||||||
14 | action for the adjustment of its debts. | ||||||
15 | (16) To enter into management agreements for the | ||||||
16 | operation of any of the property or facilities owned by the | ||||||
17 | Agency. | ||||||
18 | (17) To enter into an agreement to transfer and to | ||||||
19 | transfer any land, facilities, fixtures, or equipment of | ||||||
20 | the Agency to one or more municipal electric systems, | ||||||
21 | governmental aggregators, or rural electric agencies or | ||||||
22 | cooperatives, for such consideration and upon such terms as | ||||||
23 | the Agency may determine to be in the best interest of the | ||||||
24 | citizens of Illinois. | ||||||
25 | (18) To enter upon any lands and within any building | ||||||
26 | whenever in its judgment it may be necessary for the |
| |||||||
| |||||||
1 | purpose of making surveys and examinations to accomplish | ||||||
2 | any purpose authorized by this Act. | ||||||
3 | (19) To maintain an office or offices at such place or | ||||||
4 | places in the State as it may determine. | ||||||
5 | (20) To request information, and to make any inquiry, | ||||||
6 | investigation, survey, or study that the Agency may deem | ||||||
7 | necessary to enable it effectively to carry out the | ||||||
8 | provisions of this Act. | ||||||
9 | (21) To accept and expend appropriations. | ||||||
10 | (22) To engage in any activity or operation that is | ||||||
11 | incidental to and in furtherance of efficient operation to | ||||||
12 | accomplish the Agency's purposes, including hiring | ||||||
13 | employees that the Director deems essential for the | ||||||
14 | operations of the Agency. | ||||||
15 | (23) To adopt, revise, amend, and repeal rules with | ||||||
16 | respect to its operations, properties, and facilities as | ||||||
17 | may be necessary or convenient to carry out the purposes of | ||||||
18 | this Act, subject to the provisions of the Illinois | ||||||
19 | Administrative Procedure Act and Sections 1-22 and 1-35 of | ||||||
20 | this Act. | ||||||
21 | (24) To establish and collect charges and fees as | ||||||
22 | described in this Act.
| ||||||
23 | (25) To conduct competitive gasification feedstock | ||||||
24 | procurement processes to procure the feedstocks for the | ||||||
25 | clean coal SNG brownfield facility in accordance with the | ||||||
26 | requirements of Section 1-78 of this Act. |
| |||||||
| |||||||
1 | (26) To review, revise, and approve sourcing | ||||||
2 | agreements and mediate and resolve disputes between gas | ||||||
3 | utilities and the clean coal SNG brownfield facility | ||||||
4 | pursuant to subsection (h-1) of Section 9-220 of the Public | ||||||
5 | Utilities Act. | ||||||
6 | (27) To review and approve qualified solar power | ||||||
7 | purchase agreements pursuant to Section 1-76 of this Act. | ||||||
8 | (Source: P.A. 96-784, eff. 8-28-09; 96-1000, eff. 7-2-10; | ||||||
9 | 97-96, eff. 7-13-11; 97-325, eff. 8-12-11; 97-618, eff. | ||||||
10 | 10-26-11; revised 11-10-11.)
| ||||||
11 | (20 ILCS 3855/1-76 new) | ||||||
12 | Sec. 1-76. Qualified solar power purchase agreements. | ||||||
13 | (a) The General Assembly finds that encouraging the | ||||||
14 | development and use of solar energy is in the public interest | ||||||
15 | and consistent with the renewable energy goals of the State. | ||||||
16 | The General Assembly further finds that repurposing and | ||||||
17 | redeveloping brownfield sites owned by municipalities, | ||||||
18 | including in particular those sites that are in need of | ||||||
19 | remedial clean up due to prior contamination, to host solar | ||||||
20 | energy producing facilities is in the economic and | ||||||
21 | environmental interests of the State, those municipalities, | ||||||
22 | and the public. | ||||||
23 | (b) The Agency shall accept applications from proposed | ||||||
24 | operators of proposed qualified solar remediation facilities | ||||||
25 | to approve qualified solar power purchase agreements for a |
| |||||||
| |||||||
1 | period of one year after the effective date of this amendatory | ||||||
2 | Act of the 97th General Assembly. Each application shall | ||||||
3 | include a proposed qualified solar power purchase agreement | ||||||
4 | between the applicant and an electric utility. | ||||||
5 | (c) Each qualified solar power purchase agreement shall: | ||||||
6 | (1) include provisions governing the prices paid for | ||||||
7 | electricity generated by the qualified solar remediation | ||||||
8 | facility and for renewable energy credits purchased in | ||||||
9 | connection with the electricity, which prices in aggregate | ||||||
10 | (for both electricity and renewable energy credits) shall | ||||||
11 | not: | ||||||
12 | (A) exceed 23 cents per kilowatt hour in the first | ||||||
13 | year of the sale thereof pursuant to such qualified | ||||||
14 | solar power purchase agreement; and | ||||||
15 | (B) increase during the term of the qualified solar | ||||||
16 | power purchase agreement by more than 1.5% per year; | ||||||
17 | (2) specify a term of no more than 25 years, commencing | ||||||
18 | on the commercial operation date of the facility; | ||||||
19 | (3) require the facility to be constructed on the | ||||||
20 | specified municipal brownfield site and to achieve the | ||||||
21 | commercial operation date within 5 years after the approval | ||||||
22 | of the qualified solar power purchase agreement by the | ||||||
23 | Agency; and | ||||||
24 | (4) have been executed by the applicant and the | ||||||
25 | electric utility, but provide that the effectiveness of | ||||||
26 | such agreement is contingent upon approval by the Agency |
| |||||||
| |||||||
1 | pursuant to this Section. | ||||||
2 | (d) The Agency shall promptly review an application | ||||||
3 | submitted pursuant to this Section. The Agency shall approve a | ||||||
4 | qualified solar power purchase agreement within 90 days after | ||||||
5 | the Agency has received an application to approve the | ||||||
6 | agreement, unless the Agency finds that the agreement does not | ||||||
7 | conform to the requirements of subsection (c) of this Section. | ||||||
8 | (e) The Agency may assess a fee to the applicant to recover | ||||||
9 | the costs incurred in reviewing the application pursuant to | ||||||
10 | this Section. | ||||||
11 | (f) Costs incurred by an electric utility pursuant to a | ||||||
12 | qualified solar power purchase agreement approved by the Agency | ||||||
13 | pursuant to this Section, including costs for renewable energy | ||||||
14 | credits purchased in connection with electricity generated by | ||||||
15 | that qualified solar remediation facility, shall be deemed | ||||||
16 | prudently incurred and reasonable in amount, and the electric | ||||||
17 | utility shall be entitled to full cost recovery pursuant to the | ||||||
18 | tariffs filed with the Commission. | ||||||
19 | (g) Any renewable energy credits purchased by an electric | ||||||
20 | utility pursuant to a qualified solar power purchase agreement | ||||||
21 | approved by the Agency pursuant to this Section shall count | ||||||
22 | towards the required percentages for solar photovoltaic energy | ||||||
23 | for the purposes of subsection (c) of Section 1-75 of this Act.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
|