94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2353


 
Introduced 1/18/2006, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 3105/10.09-7 new






30 ILCS 105/5.663 new






220 ILCS 5/4-307 new






30 ILCS 805/8.30 new









    Amends the  Capital Development Board Act. Requires the Capital Development Board to establish and maintain a program to install and maintain alternative-energy systems for facilities owned by the State. Defines "alternative-energy systems" as wind-powered and solar-powered energy systems. Creates the Clean Power for Illinois Fund as a special fund in the State treasury, and provides that, subject to appropriation, the Board  must use the moneys in the Fund for the purpose of the alternative-energy program. Amends the State Finance Act to establish the Clean Power for Illinois Fund. Amends the Public Utilities Act. Requires public utilities, electric and natural gas cooperatives, and municipal utilities that are engaged in the delivery of electricity or the distribution of natural gas within the State of Illinois to assess each of its customer accounts a monthly Clean Power for Illinois Charge for the Clean Power for Illinois Fund and to remit the charges collected  to the Department of Revenue for deposit into that Fund. Requires public utilities to file tariffs with the Illinois Commerce Commission incorporating the Clean Power for Illinois Charge in other charges. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2006.
















LRB094 16393 MKM 51649 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2353

LRB094 16393 MKM 51649 b






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    AN ACT concerning finance.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Capital Development Board Act is amended  by 
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adding Section 10.09-7 as follows:
 
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    (20 ILCS 3105/10.09-7 new)

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    Sec. 10.09-7. Alternative energy program for State 
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facilities.
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    (a) The Board must establish and maintain a program to 
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install and maintain alternative-energy systems for facilities 
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owned by the State. For the purposes of this Section, 
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"alternative-energy system" means a system for providing 
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electricity to a building that is generated through solar power 
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or wind power.
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    (b) The  Clean Power for Illinois Fund is created as a 
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special fund in the State treasury.  Subject to appropriation, 
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the Board  must use the moneys in the Fund for the purpose of 
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the alternative-energy program set forth under subsection (a).
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    The Department of Revenue must deposit into the Clean Power 
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for Illinois Fund all moneys remitted to the Department by 
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public utilities, electric and natural gas cooperatives, and 
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municipal utilities in accordance with Section 4-307 of the 
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Public Utilities Act. Moneys received for the purposes of this 
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Section, including, without limitation, appropriations and 
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gifts, grants, and awards from any public or private entity, 
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must be deposited into the Fund.   Any interest earned on moneys 
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in the Fund must be deposited into the Fund.

 
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    Section 10. The State Finance Act is amended  by adding 
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Section 5.663 as follows:
 
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    (30 ILCS 105/5.663 new)

 


 






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    Sec. 5.663. The Clean Power for Illinois Fund.

 
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    Section 15. The Public Utilities Act is amended  by adding 
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Section 4-307 as follows:
 
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    (220 ILCS 5/4-307 new)

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    Sec. 4-307. Clean Power for Illinois Charge.
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    (a) Notwithstanding the provisions of Section 16-111 of 
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this Act, each public utility, electric or gas cooperative, and 
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municipal utility that is engaged in the delivery of 
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electricity or the distribution of natural gas within the State 
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of Illinois and that is required to impose an Energy Assistance 
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Charge under Section 13 of the Energy Assistance Act shall, 
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effective January 1, 2007, assess each of its customer accounts 
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a monthly Clean Power for Illinois  Charge for the Clean Power 
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for Illinois Fund. The delivering public utility, electric or 
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gas cooperative, or municipal utility for a self-assessing 
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purchaser remains subject to the collection of the Clean Power 
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for Illinois Charge imposed by this Section. The Clean Power 
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for Illinois Charge  shall be in an amount equal to the amount 
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of the Energy Assistance Charge imposed under Section 13 of the 
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Energy Assistance Act.
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    (b) At least 45 days prior to the date on which it must 
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begin assessing Clean Power for Illinois Charges, each public 
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utility engaged in the delivery of electricity or the 
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distribution of natural gas must file with the Commission 
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tariffs incorporating the Clean Power for Illinois Charge into 
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other charges stated in such tariffs.
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    (c) The Clean Power for Illinois Charge assessed by public 
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utilities shall be considered a charge for public utility 
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service.
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    (d) By the 20th day of the month following each month in 
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which the charges
imposed by this Section are collected, each 
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public
utility,
municipal utility, and electric cooperative 
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shall remit to the
Department of Revenue all moneys received as 
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payment of the
Clean Power for Illinois Charge on a return 
 


 






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prescribed and furnished by the
Department of Revenue showing 
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any information that the Department of Revenue
reasonably 
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requires.  If a customer makes a partial payment, a public

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utility, municipal
utility, or electric cooperative may elect 
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either: (i) to apply
the partial payment first to amounts owed 
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to the
utility or cooperative for its services and then to 
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payment
for the Clean Power for Illinois Charge or (ii) to 
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apply the partial payment
on a pro-rata basis between amounts 
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owed to the
utility or cooperative for its services and to 
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payment for the
Clean Power for Illinois Charge.
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    (e) The Department of Revenue shall deposit into the
Clean 
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Power for Illinois Fund all moneys
remitted to it in accordance 
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with subsection (d) of this
Section.

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    (f) The Department of Revenue may establish
rules that the 
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Department deems necessary to implement this Section and the 
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Commission
may establish rules that it deems necessary to 
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implement
this Section.
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    (g) This Section is a denial and limitation of home rule 
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powers and functions under subsection (h) of Section 6 of 
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Article VII of the Illinois Constitution.


 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.30 as
follows:


 
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    (30 ILCS 805/8.30 new)

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    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 94th General Assembly.

 

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    Section 99. Effective date. This Act takes effect July 1, 
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2006.