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1 | AN ACT concerning alternative energy.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Clean | ||||||||||||||||||||||||||||||||||||
5 | Coal FutureGen for Illinois Act. | ||||||||||||||||||||||||||||||||||||
6 | Section 5. Purpose. Recognizing that the FutureGen Project | ||||||||||||||||||||||||||||||||||||
7 | is a first-of-a-kind research project to permanently sequester | ||||||||||||||||||||||||||||||||||||
8 | underground carbon-dioxide emissions from a coal-fueled power | ||||||||||||||||||||||||||||||||||||
9 | plant, and that such a project would have benefits to the | ||||||||||||||||||||||||||||||||||||
10 | economy and environment of Illinois, the purpose of this Act is | ||||||||||||||||||||||||||||||||||||
11 | to provide the FutureGen Alliance with adequate liability | ||||||||||||||||||||||||||||||||||||
12 | protection, land use rights, and permitting certainty to | ||||||||||||||||||||||||||||||||||||
13 | facilitate the siting of the FutureGen Project in the State of | ||||||||||||||||||||||||||||||||||||
14 | Illinois. | ||||||||||||||||||||||||||||||||||||
15 | Section 10. Legislative findings. The General Assembly | ||||||||||||||||||||||||||||||||||||
16 | finds and determines that: | ||||||||||||||||||||||||||||||||||||
17 | (1) human-induced greenhouse gas emissions have been | ||||||||||||||||||||||||||||||||||||
18 | identified as contributing to global warming, the effects of | ||||||||||||||||||||||||||||||||||||
19 | which pose a threat to public health and safety and the economy | ||||||||||||||||||||||||||||||||||||
20 | of the State of Illinois; | ||||||||||||||||||||||||||||||||||||
21 | (2) in order to meet the energy needs of the State of | ||||||||||||||||||||||||||||||||||||
22 | Illinois, keep its economy strong and protect the environment |
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1 | while reducing its contribution to human-induced greenhouse | ||||||
2 | gas emissions, the State of Illinois must be a leader in | ||||||
3 | developing new low-carbon technologies; | ||||||
4 | (3) carbon capture and storage is a low-carbon technology | ||||||
5 | that involves capturing the carbon dioxide from fossil fuel | ||||||
6 | energy and hydrogen generating units and injecting it into | ||||||
7 | secure geologic strata for permanent storage; | ||||||
8 | (4) the FutureGen Project is a public-private partnership | ||||||
9 | between the Federal Department of Energy and the FutureGen | ||||||
10 | Alliance that proposes to use this new technology as part of a | ||||||
11 | plan to build and operate a near zero emission coal fueled | ||||||
12 | power plant; | ||||||
13 | (5) the FutureGen Project will help ensure the long-term | ||||||
14 | viability of Illinois Basin coal as a major energy source in | ||||||
15 | the State of Illinois and throughout the nation and represents | ||||||
16 | a significant step in the State of Illinois' efforts to become | ||||||
17 | a self-sufficient, clean energy producer; | ||||||
18 | (6) the FutureGen Project provides an opportunity for the | ||||||
19 | State of Illinois to partner with the Federal Department of | ||||||
20 | Energy and the FutureGen Alliance in the development of these | ||||||
21 | innovative clean-coal technologies; | ||||||
22 | (7) the FutureGen Project will make the State of Illinois a | ||||||
23 | center for developing and refining clean coal technology, | ||||||
24 | hydrogen production and carbon capture and storage, and will | ||||||
25 | result in the development of new technologies designed to | ||||||
26 | improve the efficiency of the energy industry that will be |
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1 | replicated world wide; | ||||||
2 | (8) the FutureGen Project will create jobs in the State of | ||||||
3 | Illinois during the construction and operational phases, | ||||||
4 | contribute to the overall economy of the State of Illinois and | ||||||
5 | help reinvigorate the Illinois Basin coal industry; and | ||||||
6 | (9) the FutureGen Project serves a substantial public | ||||||
7 | purpose as its coal gasification, electricity generation, | ||||||
8 | hydrogen production, advanced emissions control and carbon | ||||||
9 | capture and storage technologies will benefit the citizens of | ||||||
10 | the State of Illinois. | ||||||
11 | Section 15. Definitions. For the purposes of this Act: | ||||||
12 | "Agency" means the Illinois Environmental Protection | ||||||
13 | Agency. | ||||||
14 | "Carbon capture and storage" means the process of capturing | ||||||
15 | and injecting sequestered gas for permanent storage. | ||||||
16 | "Carbon dioxide" or "CO2" means a colorless, odorless gas | ||||||
17 | in the form of one carbon and 2 oxygen atoms that is a | ||||||
18 | combustion byproduct and the principal greenhouse gas. | ||||||
19 | "Department" means the Department of Commerce and Economic | ||||||
20 | Opportunity. | ||||||
21 | "Director" means the Director of Commerce and Economic | ||||||
22 | Opportunity. | ||||||
23 | "Federal Department" means the federal Department of | ||||||
24 | Energy. | ||||||
25 | "FutureGen Alliance" is a 501(c)(3) non-profit consortium |
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1 | of coal and energy producers that, as of the effective date of | ||||||
2 | this Act, includes American Electric Power, Anglo American plc, | ||||||
3 | BHP Billiton, E. ON US, China Huaneng Group, CONSOL Energy, | ||||||
4 | Foundation Coal, Peabody Energy, PPL Corporation, Rio Tinto | ||||||
5 | Energy American, and Southern Company. | ||||||
6 | "FutureGen Project" means the public-private partnership | ||||||
7 | between the Federal Department and the FutureGen Alliance that | ||||||
8 | will construct and operate a coal-fueled power plant utilizing | ||||||
9 | state-of-the-art clean-coal technology and carbon capture and | ||||||
10 | storage. | ||||||
11 | "Mount Simon Formation" means the deep sandstone reservoir | ||||||
12 | into which the sequestered gas is to be injected at depths | ||||||
13 | generally ranging between 5,500 and 8,500 feet below ground | ||||||
14 | surface and that is bounded by the granitic basement below and | ||||||
15 | the Eau Claire Shale above. | ||||||
16 | "Operator" means the FutureGen Alliance and its member | ||||||
17 | companies, including their parent companies, subsidiaries, | ||||||
18 | affiliates, directors, officers, employees, and agents. | ||||||
19 | "Post-injection" means after the sequestered gas has been | ||||||
20 | successfully injected into the Mount Simon Formation. | ||||||
21 | "Pre-injection" means all activities and occurrences prior | ||||||
22 | to successful injection into the Mt. Simon Formation, including | ||||||
23 | but not limited to, the operation of the FutureGen Project | ||||||
24 | (including CO2 capture, CO2 transport, and well-bore | ||||||
25 | operations). | ||||||
26 | "Public liability" means any civil legal liability arising |
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1 | out of or resulting from the storage, escape, release, or | ||||||
2 | migration of the post-injection sequestered gas that was | ||||||
3 | injected during the operation of the FutureGen Project by the | ||||||
4 | FutureGen Alliance. The term "public liability", however, does | ||||||
5 | not include any legal liability arising out of or resulting | ||||||
6 | from the construction, operation, or other pre-injection | ||||||
7 | activity of the Operator. | ||||||
8 | "Public liability action" or "action" means a written | ||||||
9 | demand from any third party received by the Operator seeking a | ||||||
10 | remedy or alleging liability on behalf of Operator resulting | ||||||
11 | from any public liability. | ||||||
12 | "Sequestered gas" means the CO2 and other chemical | ||||||
13 | constituents from the FutureGen Project operations that are | ||||||
14 | injected into the Mount Simon Formation in concentrations | ||||||
15 | determined to be acceptable by the Agency.
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16 | Section 20. Title to sequestered gas. If the FutureGen | ||||||
17 | Project locates in the State of Illinois, then the FutureGen | ||||||
18 | Alliance agrees that the Operator shall transfer and convey and | ||||||
19 | the State of Illinois shall accept and receive, at no cost to | ||||||
20 | the State of Illinois, all rights, title, and interest in and | ||||||
21 | to and any liabilities associated with the sequestered gas, | ||||||
22 | including any current or future environmental benefits, | ||||||
23 | marketing claims, tradable credits, emissions allocations or | ||||||
24 | offsets (voluntary or compliance based) associated therewith, | ||||||
25 | upon such gas reaching the status of post-injection, which |
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1 | shall be verified by the Agency or other designated State of | ||||||
2 | Illinois agency. The Operator shall retain all rights, title, | ||||||
3 | and interest in and to and any liabilities associated with the | ||||||
4 | pre-injection sequestered gas. | ||||||
5 | Section 23. Sequestered gas. The State of Illinois may not | ||||||
6 | intentionally remove sequestered gas unless the removal is for | ||||||
7 | the purpose of research and development. | ||||||
8 | Section 25. Insurance against qualified losses. | ||||||
9 | (a) The Department shall procure an insurance policy from a | ||||||
10 | private insurance carrier or carriers, if and to the extent | ||||||
11 | that such a policy is available, that insures the Operator | ||||||
12 | against any qualified loss stemming from a public liability | ||||||
13 | action. The policy must be procured in accordance with the | ||||||
14 | provisions of the Procurement Code. | ||||||
15 | (b) Pursuant to Section 30 of this Act, the State shall | ||||||
16 | indemnify the Operator against any qualified loss stemming from | ||||||
17 | a public liability action to the extent that the qualified loss | ||||||
18 | is not covered under an insurance policy under subsection (a) | ||||||
19 | of this Section. | ||||||
20 | (c) The Department shall pay any insurance premium, | ||||||
21 | deductible, or liability under subsections (a) or (b) from | ||||||
22 | appropriations by the General Assembly for that purpose. It is | ||||||
23 | the intent of this Act that, to the extent practical, any | ||||||
24 | unexpended balance of the proceeds from the sale of emission |
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1 | reduction rights or tradable credits to which the State has | ||||||
2 | title under Section 20 should be used for the purposes of this | ||||||
3 | subsection (c). | ||||||
4 | (d) If the FutureGen Alliance locates the FutureGen Project | ||||||
5 | in the State of Illinois, then the Department shall be | ||||||
6 | authorized to contract with the FutureGen Alliance, under terms | ||||||
7 | not inconsistent with this Act, in order to define the rights | ||||||
8 | and obligations of the FutureGen Alliance and the Department, | ||||||
9 | including but not limited to, the insurance and indemnification | ||||||
10 | obligations under Sections 25 and 30 of this Act. | ||||||
11 | (e) If federal indemnification covers all or a portion of | ||||||
12 | the obligations assumed by the State under Section 25 of this | ||||||
13 | Act, such State obligations shall be reduced in proportion to | ||||||
14 | the federal indemnification and be considered subordinated to | ||||||
15 | any federal indemnification. | ||||||
16 | (g) For the purpose of this Section, "qualified loss" means | ||||||
17 | a loss by the Operator stemming from a public liability action | ||||||
18 | other than those losses arising out of or relating to: | ||||||
19 | (1) the negligence or the intentional or willful | ||||||
20 | misconduct of the Operator in its operation of the | ||||||
21 | FutureGen Project; | ||||||
22 | (2) the failure of the Operator to comply with any | ||||||
23 | applicable law, rule, regulation, or other requirement | ||||||
24 | established by the Federal Department, Agency, or State of | ||||||
25 | Illinois for the carbon capture and storage of the | ||||||
26 | sequestered gas, including any limitations on the chemical |
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1 | composition of any sequestered gas; or | ||||||
2 | (3) the pre-injection operation of the FutureGen | ||||||
3 | Project. | ||||||
4 | Section 30. Indemnification. Notwithstanding any law to | ||||||
5 | the contrary, the State of Illinois shall indemnify, hold | ||||||
6 | harmless, defend, and release the Operator from and against any | ||||||
7 | public liability action asserted against the Operator, subject | ||||||
8 | to the following terms and conditions: | ||||||
9 | (a) The obligation of the State of Illinois to indemnify | ||||||
10 | the Operator does not extend to any public liability arising | ||||||
11 | out of or relating to: | ||||||
12 | (1) the negligence or intentional or willful | ||||||
13 | misconduct of the Operator in its operation of the | ||||||
14 | FutureGen Project; | ||||||
15 | (2) the failure of the Operator to comply with any | ||||||
16 | applicable law, rule, regulation, or other requirement | ||||||
17 | established by the Federal Department, Agency, or State of | ||||||
18 | Illinois for the carbon capture and storage of the | ||||||
19 | sequestered gas, including any limitations on the chemical | ||||||
20 | composition of any sequestered gas; | ||||||
21 | (3) the pre-injection operation of the FutureGen | ||||||
22 | Project; or | ||||||
23 | (4) a qualified loss to the extent that it is paid | ||||||
24 | under an insurance policy under subsection (a) of Section | ||||||
25 | 25 of this Act. |
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1 | (b) The indemnification obligations of the State of | ||||||
2 | Illinois assumed under Section 30 of this Act shall be reduced | ||||||
3 | in proportion and be subordinated to any federal | ||||||
4 | indemnification that covers all or a portion of the State's | ||||||
5 | obligations. | ||||||
6 | Section 35. Role of Attorney General. In furtherance of the | ||||||
7 | State of Illinois's obligations set forth in subsection (b) of | ||||||
8 | Section 25 and in Section 30 of this Act, the Attorney General | ||||||
9 | has the following duties: | ||||||
10 | (1) In the event that any public liability action covered | ||||||
11 | under Section 30 of this Act is commenced against the Operator, | ||||||
12 | the Attorney General shall, upon timely and appropriate notice | ||||||
13 | to the Attorney General by the Operator, appear on behalf of | ||||||
14 | the Operator and defend the action. Any such notice must be in | ||||||
15 | writing, must be mailed within 15 days after the date of | ||||||
16 | receipt by the Operator of service of process, and must | ||||||
17 | authorize the Attorney General to represent and defend the | ||||||
18 | Operator in the action. The delivery of this notice to the | ||||||
19 | Attorney General constitutes an agreement by the Operator to | ||||||
20 | cooperate with the Attorney General in defense of the action | ||||||
21 | and a consent for the Attorney General to conduct the defense | ||||||
22 | as the Attorney General deems to be advisable and in the best | ||||||
23 | interests of the Operator and the State of Illinois, including | ||||||
24 | settlement in the Attorney General's discretion. In any such | ||||||
25 | action, the State of Illinois shall pay the court costs and |
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1 | litigation expenses of defending such action, to the extent | ||||||
2 | approved by the Attorney General as reasonable, as they are | ||||||
3 | incurred. | ||||||
4 | (b) In the event that the Attorney General determines | ||||||
5 | either (i) that so appearing and defending an Operator involves | ||||||
6 | an actual or potential conflict of interest or (ii) that the | ||||||
7 | claim was not within the scope of the indemnity as provided in | ||||||
8 | Section 30 of the Act, the Attorney General shall decline in | ||||||
9 | writing to appear or defend or shall promptly take appropriate | ||||||
10 | action to withdraw as attorney for such Operator. Upon receipt | ||||||
11 | of such declination or withdrawal by the Attorney General on | ||||||
12 | the basis of an actual or potential conflict of interest, the | ||||||
13 | Operator may employ its own attorney to appear and defend, in | ||||||
14 | which event the State of Illinois shall pay the Operator's | ||||||
15 | court costs, litigation expenses, and attorneys' fees, to the | ||||||
16 | extent approved by the Attorney General as reasonable, as they | ||||||
17 | are incurred. | ||||||
18 | (c) In any action asserted by the Operator or the State of | ||||||
19 | Illinois to enforce the indemnification obligations of the | ||||||
20 | State of Illinois as provided in Section 30 of the Act, the | ||||||
21 | non-prevailing party is responsible for any reasonable court | ||||||
22 | costs, litigation expenses, and attorneys fees incurred by the | ||||||
23 | prevailing party. | ||||||
24 | (d) Court costs and litigation expenses and other costs of | ||||||
25 | providing a defense, including attorneys' fees, paid or | ||||||
26 | obligated under this Section, and the costs of indemnification, |
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1 | including the payment of any final judgment or final settlement | ||||||
2 | under this Section, must be paid by warrant from appropriations | ||||||
3 | to the Department pursuant to vouchers certified by the | ||||||
4 | Attorney General. | ||||||
5 | (e) Nothing contained or implied in this Section shall | ||||||
6 | operate, or be construed or applied, to deprive the State of | ||||||
7 | Illinois, or any Operator, of any defense otherwise available. | ||||||
8 | (f) Any judgment subject to State of Illinois | ||||||
9 | indemnification under this Section is not enforceable against | ||||||
10 | the Operator, but shall be paid by the State of Illinois in the | ||||||
11 | following manner: Upon receipt of a certified copy of the | ||||||
12 | judgment, the Attorney General shall review it to determine if | ||||||
13 | the judgment is (i) final, unreversed, and no longer subject to | ||||||
14 | appeal and (ii) subject to indemnification under Section 30 of | ||||||
15 | this Act. If the Attorney General determines that it is, then | ||||||
16 | the Attorney General shall submit a voucher for the amount of | ||||||
17 | the judgment and any interest thereon to the State of Illinois | ||||||
18 | Comptroller and the amount must be paid by warrant from | ||||||
19 | appropriation to the Department to the judgment creditor solely | ||||||
20 | out of available appropriations. | ||||||
21 | Section 40. Permitting. The Agency shall issue to the | ||||||
22 | Operator all necessary and appropriate permits consistent with | ||||||
23 | State and federal law and corresponding regulations. The Agency | ||||||
24 | has the right to reasonable access to any third-party property | ||||||
25 | to ensure compliance with any permit issued under this Section. |
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1 | Section 45. Acquisition of property by condemnation. | ||||||
2 | (a) In light of the importance of providing the FutureGen | ||||||
3 | Alliance adequate assurances and in furtherance of the goals of | ||||||
4 | this Act, the Department has the discretionary authorities as | ||||||
5 | set forth in this Section. | ||||||
6 | (b) In connection with the carbon capture and storage of | ||||||
7 | the sequestered gas, including the ongoing surface and | ||||||
8 | subsurface monitoring thereof, the Department and Agency have | ||||||
9 | the right to enter upon, take, or damage private property or | ||||||
10 | any interest thereon by exercise of the power of condemnation, | ||||||
11 | in the manner provided for under the Eminent Domain Act (735 | ||||||
12 | ILCS 30/), that are necessary and convenient for the operations | ||||||
13 | of the FutureGen Project. The operations of the FutureGen | ||||||
14 | Project are hereby recognized and declared to be affected with | ||||||
15 | a public interest, and all of the property used in those | ||||||
16 | operations is hereby recognized and declared to be devoted to | ||||||
17 | public use. | ||||||
18 | Section 50. Incentives. The State of Illinois has offered | ||||||
19 | certain incentives to the FutureGen Alliance to make the State | ||||||
20 | of Illinois the most attractive location for the FutureGen | ||||||
21 | Project. | ||||||
22 | Section 65. Jurisdiction. The Court of Claims has no | ||||||
23 | jurisdiction concerning any public liability action under this |
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1 | Act or from the operation of the FutureGen Project. A public | ||||||
2 | liability action must be brought in the circuit court, which is | ||||||
3 | hereby granted jurisdiction over these matters. The | ||||||
4 | jurisdiction over civil, administrative, or other legal | ||||||
5 | processes is not, otherwise, affected by this Act.
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6 | Section 900. The Department of Commerce and Economic | ||||||
7 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
8 | amended by changing Section 605-332 as follows:
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9 | (20 ILCS 605/605-332)
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10 | Sec. 605-332. Financial assistance to energy generation | ||||||
11 | facilities.
| ||||||
12 | (a) As used in this Section:
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13 | "New electric generating facility" means a | ||||||
14 | newly-constructed electric
generation plant or a newly | ||||||
15 | constructed generation capacity expansion at an
existing | ||||||
16 | facility, including the transmission lines and associated | ||||||
17 | equipment
that transfers electricity from points of supply to | ||||||
18 | points of delivery, and for
which foundation construction | ||||||
19 | commenced not sooner than July 1, 2001, which is
designed to | ||||||
20 | provide baseload electric generation operating on a continuous
| ||||||
21 | basis throughout the year and:
| ||||||
22 | (1) has an aggregate rated generating capacity
of at
| ||||||
23 | least 400 megawatts for all new units at one site, uses | ||||||
24 | coal or gases derived
from coal as its primary fuel
source, |
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1 | and supports the creation of at least 150 new Illinois coal | ||||||
2 | mining
jobs; or
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3 | (2) is funded through a federal Department of Energy | ||||||
4 | grant before December 31, 2010
2007 and supports the
| ||||||
5 | creation of
Illinois
coal-mining jobs; or | ||||||
6 | (3) uses coal gasification or integrated | ||||||
7 | gasification-combined cycle
units that generate | ||||||
8 | electricity or chemicals, or both, and supports the
| ||||||
9 | creation of
Illinois
coal-mining jobs.
| ||||||
10 | "New gasification facility" means a newly constructed coal | ||||||
11 | gasification facility that generates chemical feedstocks or | ||||||
12 | transportation fuels derived from coal (which may include, but | ||||||
13 | are not limited to, methane, methanol, and nitrogen | ||||||
14 | fertilizer), that supports the creation or retention of | ||||||
15 | Illinois coal-mining jobs, and that qualifies for financial | ||||||
16 | assistance from the Department before December 31, 2010
2006 . A | ||||||
17 | new gasification facility does not include a pilot project | ||||||
18 | located within Jefferson County or within a county adjacent to | ||||||
19 | Jefferson County for synthetic natural gas from coal.
| ||||||
20 | "New facility" means a new electric generating facility or | ||||||
21 | a new gasification facility. A new facility does not include a | ||||||
22 | pilot project located within Jefferson County or within a | ||||||
23 | county adjacent to Jefferson County for synthetic natural gas | ||||||
24 | from coal.
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25 | "Eligible business" means an entity that proposes to | ||||||
26 | construct a new facility and that has applied to the Department |
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1 | to receive financial
assistance pursuant to this Section.
With | ||||||
2 | respect to use and occupation taxes, wherever there is a | ||||||
3 | reference to
taxes, that reference means only those taxes paid | ||||||
4 | on Illinois-mined coal used
in
a new facility.
| ||||||
5 | "Department" means the Illinois Department of Commerce and
| ||||||
6 | Economic Opportunity.
| ||||||
7 | (b) The Department is authorized to
provide financial | ||||||
8 | assistance to eligible businesses for new
facilities from funds | ||||||
9 | appropriated by the General Assembly as further provided
in | ||||||
10 | this Section.
| ||||||
11 | An eligible business seeking qualification for financial | ||||||
12 | assistance for
a new facility, for purposes of this Section | ||||||
13 | only, shall
apply to the Department in the manner specified by | ||||||
14 | the Department. Any
projections provided by an eligible | ||||||
15 | business as part of the application shall
be independently | ||||||
16 | verified in a manner as set forth by the Department. An
| ||||||
17 | application shall include, but not
be limited to:
| ||||||
18 | (1) the projected or actual completion date of the new | ||||||
19 | facility
for which financial assistance is sought;
| ||||||
20 | (2) copies of documentation deemed
acceptable by the | ||||||
21 | Department establishing either (i) the total State
| ||||||
22 | occupation
and use taxes paid on Illinois-mined coal used | ||||||
23 | at the new facility for a minimum of 4 preceding calendar | ||||||
24 | quarters or (ii)
the projected amount of State occupation | ||||||
25 | and use taxes paid on Illinois-mined
coal used at the new | ||||||
26 | facility in 4 calendar year quarters
after completion of |
| |||||||
| |||||||
1 | the new facility.
Bond proceeds subject to this Section | ||||||
2 | shall not be allocated to an
eligible business until the | ||||||
3 | eligible business has demonstrated the revenue
stream | ||||||
4 | sufficient to service the debt on the bonds; and
| ||||||
5 | (3) the actual or projected amount of capital | ||||||
6 | investment by the
eligible business
in the new facility.
| ||||||
7 | The Department shall determine the maximum amount of | ||||||
8 | financial
assistance for eligible businesses in accordance | ||||||
9 | with this paragraph. The
Department shall not provide financial | ||||||
10 | assistance from general obligation bond
funds to any eligible | ||||||
11 | business
unless it receives a written certification from the | ||||||
12 | Director of the
Bureau of
the Budget
(now Governor's Office of | ||||||
13 | Management and Budget)
that 80% of the State occupation and use | ||||||
14 | tax receipts for a minimum
of the
preceding 4 calendar quarters | ||||||
15 | for all eligible businesses or as included in
projections on | ||||||
16 | approved applications by eligible businesses equal or exceed
| ||||||
17 | 110% of the maximum annual debt service required with respect | ||||||
18 | to general
obligation bonds issued for that purpose. The | ||||||
19 | Department may provide
financial assistance not to exceed the | ||||||
20 | amount of State general obligation
debt calculated as above, | ||||||
21 | the amount of actual or projected capital
investment in the | ||||||
22 | facility, or $100,000,000, whichever is less.
Financial | ||||||
23 | assistance received pursuant to this Section may be used
for | ||||||
24 | capital facilities consisting of buildings, structures, | ||||||
25 | durable equipment,
and land at the new facility. Subject to the | ||||||
26 | provisions
of the agreement covering the financial assistance, |
| |||||||
| |||||||
1 | a portion of the financial
assistance may be required to be | ||||||
2 | repaid to the State if certain conditions for
the governmental | ||||||
3 | purpose of the assistance were not met.
| ||||||
4 | An eligible business shall file a monthly report with the
| ||||||
5 | Illinois Department of Revenue stating the amount of | ||||||
6 | Illinois-mined coal
purchased during
the previous month for use | ||||||
7 | in the new facility, the
purchase price of that coal, the | ||||||
8 | amount of State
occupation and use taxes paid on that purchase | ||||||
9 | to the seller of the
Illinois-mined coal, and
such other
| ||||||
10 | information as that Department may reasonably require. In sales | ||||||
11 | of
Illinois-mined coal between related parties, the purchase | ||||||
12 | price of the coal
must have been determined in an arms-length | ||||||
13 | transaction. The report shall be
filed with the Illinois | ||||||
14 | Department of Revenue on or before the 20th day of
each month | ||||||
15 | on a form provided by that Department. However, no report
need | ||||||
16 | be filed by an eligible business in a month when it made
no | ||||||
17 | reportable purchases of coal in the previous month.
The | ||||||
18 | Illinois Department of Revenue shall provide a summary of such | ||||||
19 | reports to
the
Governor's Office of Management and Budget.
| ||||||
20 | Upon granting financial assistance to an eligible | ||||||
21 | business, the Department
shall certify the name of the eligible | ||||||
22 | business to the Illinois Department of
Revenue. Beginning with | ||||||
23 | the receipt of the first report of State occupation
and use | ||||||
24 | taxes paid by an
eligible business and continuing for a 25-year | ||||||
25 | period, the Illinois Department
of Revenue shall each month pay | ||||||
26 | into the Energy Infrastructure Fund 80% of the
net revenue |
| |||||||
| |||||||
1 | realized from the 6.25% general rate on the selling price of
| ||||||
2 | Illinois-mined coal that was sold to an eligible business.
| ||||||
3 | (Source: P.A. 93-167, eff. 7-10-03; 93-1064, eff. 1-13-05; | ||||||
4 | 94-65, eff. 6-21-05; 94-1030, eff. 7-14-06.)
| ||||||
5 | Section 905. The Illinois Enterprise Zone Act is amended by | ||||||
6 | changing Section 5.5 as follows:
| ||||||
7 | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| ||||||
8 | Sec. 5.5. High Impact Business.
| ||||||
9 | (a) In order to respond to unique opportunities to assist | ||||||
10 | in the
encouragement, development, growth and expansion of the | ||||||
11 | private sector through
large scale investment and development | ||||||
12 | projects, the Department is authorized
to receive and approve | ||||||
13 | applications for the designation of "High Impact
Businesses" in | ||||||
14 | Illinois subject to the following conditions:
| ||||||
15 | (1) such applications may be submitted at any time | ||||||
16 | during the year;
| ||||||
17 | (2) such business is not located, at the time of | ||||||
18 | designation, in
an enterprise zone designated pursuant to | ||||||
19 | this Act;
| ||||||
20 | (3) the business intends to do one or more of the | ||||||
21 | following:
| ||||||
22 | (A) the business intends to make a minimum | ||||||
23 | investment of
$12,000,000 which will be placed in | ||||||
24 | service in qualified property and
intends to create 500 |
| |||||||
| |||||||
1 | full-time equivalent jobs at a designated location
in | ||||||
2 | Illinois or intends to make a minimum investment of | ||||||
3 | $30,000,000 which
will be placed in service in | ||||||
4 | qualified property and intends to retain 1,500
| ||||||
5 | full-time jobs at a designated location in Illinois.
| ||||||
6 | The business must certify in writing that the | ||||||
7 | investments would not be
placed in service in qualified | ||||||
8 | property and the job creation or job
retention would | ||||||
9 | not occur without the tax credits and exemptions set | ||||||
10 | forth
in subsection (b) of this Section. The terms | ||||||
11 | "placed in service" and
"qualified property" have the | ||||||
12 | same meanings as described in subsection (h)
of Section | ||||||
13 | 201 of the Illinois Income Tax Act; or
| ||||||
14 | (B) the business intends to establish a new | ||||||
15 | electric generating
facility at a designated location | ||||||
16 | in Illinois. "New electric generating
facility", for | ||||||
17 | purposes of this Section, means a newly-constructed
| ||||||
18 | electric
generation plant
or a newly-constructed | ||||||
19 | generation capacity expansion at an existing electric
| ||||||
20 | generation
plant, including the transmission lines and | ||||||
21 | associated
equipment that transfers electricity from | ||||||
22 | points of supply to points of
delivery, and for which | ||||||
23 | such new foundation construction commenced not sooner
| ||||||
24 | than July 1,
2001. Such facility shall be designed to | ||||||
25 | provide baseload electric
generation and shall operate | ||||||
26 | on a continuous basis throughout the year;
and (i) |
| |||||||
| |||||||
1 | shall have an aggregate rated generating capacity of at | ||||||
2 | least 1,000
megawatts for all new units at one site if | ||||||
3 | it uses natural gas as its primary
fuel and foundation | ||||||
4 | construction of the facility is commenced on
or before | ||||||
5 | December 31, 2004, or shall have an aggregate rated | ||||||
6 | generating
capacity of at least 400 megawatts for all | ||||||
7 | new units at one site if it uses
coal or gases derived | ||||||
8 | from coal
as its primary fuel and
shall support the | ||||||
9 | creation of at least 150 new Illinois coal mining jobs, | ||||||
10 | or
(ii) shall be funded through a federal Department of | ||||||
11 | Energy grant before December 31, 2010
July 1, 2006 and | ||||||
12 | shall support the creation of Illinois
coal-mining
| ||||||
13 | jobs, or (iii) shall use coal gasification or | ||||||
14 | integrated gasification-combined cycle units
that | ||||||
15 | generate
electricity or chemicals, or both, and shall | ||||||
16 | support the creation of Illinois
coal-mining
jobs.
The
| ||||||
17 | business must certify in writing that the investments | ||||||
18 | necessary to establish
a new electric generating | ||||||
19 | facility would not be placed in service and the
job | ||||||
20 | creation in the case of a coal-fueled plant
would not | ||||||
21 | occur without the tax credits and exemptions set forth | ||||||
22 | in
subsection (b-5) of this Section. The term "placed | ||||||
23 | in service" has
the same meaning as described in | ||||||
24 | subsection
(h) of Section 201 of the Illinois Income | ||||||
25 | Tax Act; or
| ||||||
26 | (B-5) the business intends to establish a new |
| |||||||
| |||||||
1 | gasification
facility at a designated location in | ||||||
2 | Illinois. As used in this Section, "new gasification | ||||||
3 | facility" means a newly constructed coal gasification | ||||||
4 | facility that generates chemical feedstocks or | ||||||
5 | transportation fuels derived from coal (which may | ||||||
6 | include, but are not limited to, methane, methanol, and | ||||||
7 | nitrogen fertilizer), that supports the creation or | ||||||
8 | retention of Illinois coal-mining jobs, and that | ||||||
9 | qualifies for financial assistance from the Department | ||||||
10 | before December 31, 2010
2006 . A new gasification | ||||||
11 | facility does not include a pilot project located | ||||||
12 | within Jefferson County or within a county adjacent to | ||||||
13 | Jefferson County for synthetic natural gas from coal; | ||||||
14 | or
| ||||||
15 | (C) the business intends to establish
production | ||||||
16 | operations at a new coal mine, re-establish production | ||||||
17 | operations at
a closed coal mine, or expand production | ||||||
18 | at an existing coal mine
at a designated location in | ||||||
19 | Illinois not sooner than July 1, 2001;
provided that | ||||||
20 | the
production operations result in the creation of 150 | ||||||
21 | new Illinois coal mining
jobs as described in | ||||||
22 | subdivision (a)(3)(B) of this Section, and further
| ||||||
23 | provided that the coal extracted from such mine is | ||||||
24 | utilized as the predominant
source for a new electric | ||||||
25 | generating facility.
The business must certify in | ||||||
26 | writing that the
investments necessary to establish a |
| |||||||
| |||||||
1 | new, expanded, or reopened coal mine would
not
be | ||||||
2 | placed in service and the job creation would not
occur | ||||||
3 | without the tax credits and exemptions set forth in | ||||||
4 | subsection (b-5) of
this Section. The term "placed in | ||||||
5 | service" has
the same meaning as described in | ||||||
6 | subsection (h) of Section 201 of the
Illinois Income | ||||||
7 | Tax Act; or
| ||||||
8 | (D) the business intends to construct new | ||||||
9 | transmission facilities or
upgrade existing | ||||||
10 | transmission facilities at designated locations in | ||||||
11 | Illinois,
for which construction commenced not sooner | ||||||
12 | than July 1, 2001. For the
purposes of this Section, | ||||||
13 | "transmission facilities" means transmission lines
| ||||||
14 | with a voltage rating of 115 kilovolts or above, | ||||||
15 | including associated
equipment, that transfer | ||||||
16 | electricity from points of supply to points of
delivery | ||||||
17 | and that transmit a majority of the electricity | ||||||
18 | generated by a new
electric generating facility | ||||||
19 | designated as a High Impact Business in accordance
with | ||||||
20 | this Section. The business must certify in writing that | ||||||
21 | the investments
necessary to construct new | ||||||
22 | transmission facilities or upgrade existing
| ||||||
23 | transmission facilities would not be placed in service
| ||||||
24 | without the tax credits and exemptions set forth in | ||||||
25 | subsection (b-5) of this
Section. The term "placed in | ||||||
26 | service" has the
same meaning as described in |
| |||||||
| |||||||
1 | subsection (h) of Section 201 of the Illinois
Income | ||||||
2 | Tax Act; and
| ||||||
3 | (4) no later than 90 days after an application is | ||||||
4 | submitted, the
Department shall notify the applicant of the | ||||||
5 | Department's determination of
the qualification of the | ||||||
6 | proposed High Impact Business under this Section.
| ||||||
7 | (b) Businesses designated as High Impact Businesses | ||||||
8 | pursuant to
subdivision (a)(3)(A) of this Section shall qualify | ||||||
9 | for the credits and
exemptions described in the
following Acts: | ||||||
10 | Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
| ||||||
11 | subsection (h)
of Section 201 of the Illinois Income Tax Act,
| ||||||
12 | and Section 1d of
the
Retailers' Occupation Tax Act; provided | ||||||
13 | that these credits and
exemptions
described in these Acts shall | ||||||
14 | not be authorized until the minimum
investments set forth in | ||||||
15 | subdivision (a)(3)(A) of this
Section have been placed in
| ||||||
16 | service in qualified properties and, in the case of the | ||||||
17 | exemptions
described in the Public Utilities Act and Section 1d | ||||||
18 | of the Retailers'
Occupation Tax Act, the minimum full-time | ||||||
19 | equivalent jobs or full-time jobs set
forth in subdivision | ||||||
20 | (a)(3)(A) of this Section have been
created or retained.
| ||||||
21 | Businesses designated as High Impact Businesses under
this | ||||||
22 | Section shall also
qualify for the exemption described in | ||||||
23 | Section 5l of the Retailers' Occupation
Tax Act. The credit | ||||||
24 | provided in subsection (h) of Section 201 of the Illinois
| ||||||
25 | Income Tax Act shall be applicable to investments in qualified | ||||||
26 | property as set
forth in subdivision (a)(3)(A) of this Section.
|
| |||||||
| |||||||
1 | (b-5) Businesses designated as High Impact Businesses | ||||||
2 | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | ||||||
3 | and (a)(3)(D) of this Section shall qualify
for the credits and | ||||||
4 | exemptions described in the following Acts: Section 51 of
the | ||||||
5 | Retailers' Occupation Tax Act, Section 9-222 and Section | ||||||
6 | 9-222.1A of the
Public Utilities Act, and subsection (h) of | ||||||
7 | Section 201 of the Illinois Income
Tax Act; however, the | ||||||
8 | credits and exemptions authorized under Section 9-222 and
| ||||||
9 | Section 9-222.1A of the Public Utilities Act, and subsection | ||||||
10 | (h) of Section 201
of the Illinois Income Tax Act shall not be | ||||||
11 | authorized until the new electric
generating facility, the new | ||||||
12 | gasification facility, the new transmission facility, or the | ||||||
13 | new, expanded, or
reopened coal mine is operational,
except | ||||||
14 | that a new electric generating facility whose primary fuel | ||||||
15 | source is
natural gas is eligible only for the exemption under | ||||||
16 | Section 5l of the
Retailers' Occupation Tax Act.
| ||||||
17 | (c) High Impact Businesses located in federally designated | ||||||
18 | foreign trade
zones or sub-zones are also eligible for | ||||||
19 | additional credits, exemptions and
deductions as described in | ||||||
20 | the following Acts: Section 9-221 and Section
9-222.1 of the | ||||||
21 | Public
Utilities Act; and subsection (g) of Section 201, and | ||||||
22 | Section 203
of the Illinois Income Tax Act.
| ||||||
23 | (d) Existing Illinois businesses which apply for | ||||||
24 | designation as a
High Impact Business must provide the | ||||||
25 | Department with the prospective plan
for which 1,500 full-time | ||||||
26 | jobs would be eliminated in the event that the
business is not |
| |||||||
| |||||||
1 | designated.
| ||||||
2 | (e) New proposed facilities which apply for designation as | ||||||
3 | High Impact
Business must provide the Department with proof of | ||||||
4 | alternative non-Illinois
sites which would receive the | ||||||
5 | proposed investment and job creation in the
event that the | ||||||
6 | business is not designated as a High Impact Business.
| ||||||
7 | (f) In the event that a business is designated a High | ||||||
8 | Impact Business
and it is later determined after reasonable | ||||||
9 | notice and an opportunity for a
hearing as provided under the | ||||||
10 | Illinois Administrative Procedure Act, that
the business would | ||||||
11 | have placed in service in qualified property the
investments | ||||||
12 | and created or retained the requisite number of jobs without
| ||||||
13 | the benefits of the High Impact Business designation, the | ||||||
14 | Department shall
be required to immediately revoke the | ||||||
15 | designation and notify the Director
of the Department of | ||||||
16 | Revenue who shall begin proceedings to recover all
wrongfully | ||||||
17 | exempted State taxes with interest. The business shall also be
| ||||||
18 | ineligible for all State funded Department programs for a | ||||||
19 | period of 10 years.
| ||||||
20 | (g) The Department shall revoke a High Impact Business | ||||||
21 | designation if
the participating business fails to comply with | ||||||
22 | the terms and conditions of
the designation.
| ||||||
23 | (h) Prior to designating a business, the Department shall | ||||||
24 | provide the
members of the General Assembly and Commission on | ||||||
25 | Government Forecasting and Accountability
with a report | ||||||
26 | setting forth the terms and conditions of the designation and
|
| |||||||
| |||||||
1 | guarantees that have been received by the Department in | ||||||
2 | relation to the
proposed business being designated.
| ||||||
3 | (Source: P.A. 93-1064, eff. 1-13-05; 93-1067, eff. 1-15-05; | ||||||
4 | 94-65, eff. 6-21-05.)
| ||||||
5 | Section 910. The Court of Claims Act is amended by adding | ||||||
6 | Section 8.5 as follows: | ||||||
7 | (705 ILCS 505/8.5 new)
| ||||||
8 | Sec. 8.5. No jurisdiction over liability of certain | ||||||
9 | clean-coal operations. The Court of Claims has no jurisdiction | ||||||
10 | concerning any public liability action, as defined in the Clean | ||||||
11 | Coal FutureGen for Illinois Act, or from the operation of the | ||||||
12 | FutureGen Project. A public liability action, as defined under | ||||||
13 | Section 15 of the Clean Coal FutureGen for Illinois Act, must | ||||||
14 | be brought in the circuit court.
| ||||||
15 | Section 915. The Eminent Domain Act is amended by changing | ||||||
16 | Section 5-5-5 and by adding Section 15-5-45 as follows: | ||||||
17 | (735 ILCS 30/5-5-5)
| ||||||
18 | Sec. 5-5-5. Exercise of the power of eminent domain; public | ||||||
19 | use; blight. | ||||||
20 | (a) In addition to all other limitations and requirements, | ||||||
21 | a condemning authority may not take or damage property by the | ||||||
22 | exercise of the power of eminent domain unless it is for a |
| |||||||
| |||||||
1 | public use, as set forth in this Section. | ||||||
2 | (a-5) Subsections (b), (c), (d), (e), and (f) of this | ||||||
3 | Section do not apply to the acquisition of property under the | ||||||
4 | O'Hare Modernization Act. A condemning authority may exercise | ||||||
5 | the power of eminent domain for the acquisition or damaging of | ||||||
6 | property under the O'Hare Modernization Act as provided for by | ||||||
7 | law in effect prior to the effective date of this Act. | ||||||
8 | (a-10) Subsections (b), (c), (d), (e), and (f) of this | ||||||
9 | Section do not apply to the acquisition or damaging of property | ||||||
10 | in furtherance of the goals and objectives of an existing tax | ||||||
11 | increment allocation redevelopment plan. A condemning | ||||||
12 | authority may exercise the power of eminent domain for the | ||||||
13 | acquisition of property in furtherance of an existing tax | ||||||
14 | increment allocation redevelopment plan as provided for by law | ||||||
15 | in effect prior to the effective date of this Act. | ||||||
16 | As used in this subsection, "existing tax increment | ||||||
17 | allocation redevelopment plan" means a redevelopment plan that | ||||||
18 | was adopted under the Tax Increment Allocation Redevelopment | ||||||
19 | Act (Article 11, Division 74.4 of the Illinois Municipal Code) | ||||||
20 | prior to April 15, 2006 and for which property assembly costs | ||||||
21 | were, before that date, included as a budget line item in the | ||||||
22 | plan or described in the narrative portion of the plan as part | ||||||
23 | of the redevelopment project, but does not include (i) any | ||||||
24 | additional area added to the redevelopment project area on or | ||||||
25 | after April 15, 2006, (ii) any subsequent extension of the | ||||||
26 | completion date of a redevelopment plan beyond the estimated |
| |||||||
| |||||||
1 | completion date established in that plan prior to April 15, | ||||||
2 | 2006, (iii) any acquisition of property in a conservation area | ||||||
3 | for which the condemnation complaint is filed more than 12 | ||||||
4 | years after the effective date of this Act, or (iv) any | ||||||
5 | acquisition of property in an industrial park conservation | ||||||
6 | area. | ||||||
7 | As used in this subsection, "conservation area" and | ||||||
8 | "industrial park conservation area" have the same meanings as | ||||||
9 | under Section 11-74.4-3 of the Illinois Municipal Code. | ||||||
10 | (b) If the exercise of eminent domain authority is to | ||||||
11 | acquire property for public ownership and control, then the | ||||||
12 | condemning authority must prove that (i) the acquisition of the | ||||||
13 | property is necessary for a public purpose and (ii) the | ||||||
14 | acquired property will be owned and controlled by the | ||||||
15 | condemning authority or another governmental entity. | ||||||
16 | (c) Except when the acquisition is governed by subsection | ||||||
17 | (b) or is primarily for one of the purposes specified in | ||||||
18 | subsection (d), (e), or (f) and the condemning authority elects | ||||||
19 | to proceed under one of those subsections, if the exercise of | ||||||
20 | eminent domain authority is to acquire property for private | ||||||
21 | ownership or control, or both, then the condemning authority | ||||||
22 | must prove by clear and convincing evidence that the | ||||||
23 | acquisition of the property for private ownership or control is | ||||||
24 | (i) primarily for the benefit, use, or enjoyment of the public | ||||||
25 | and (ii) necessary for a public purpose. | ||||||
26 | An acquisition of property primarily for the purpose of the |
| |||||||
| |||||||
1 | elimination of blight is rebuttably presumed to be for a public | ||||||
2 | purpose and primarily for the benefit, use, or enjoyment of the | ||||||
3 | public under this subsection. | ||||||
4 | Any challenge to the existence of blighting factors alleged | ||||||
5 | in a complaint to condemn under this subsection shall be raised | ||||||
6 | within 6 months of the filing date of the complaint to condemn, | ||||||
7 | and if not raised within that time the right to challenge the | ||||||
8 | existence of those blighting factors shall be deemed waived. | ||||||
9 | Evidence that the Illinois Commerce Commission has granted | ||||||
10 | a certificate or otherwise made a finding of public convenience | ||||||
11 | and necessity for an acquisition of property (or any right or | ||||||
12 | interest in property) for private ownership or control | ||||||
13 | (including, without limitation, an acquisition for which the | ||||||
14 | use of eminent domain is authorized under the Public Utilities | ||||||
15 | Act, the Telephone Company Act, or the Electric Supplier Act) | ||||||
16 | to be used for utility purposes creates a rebuttable | ||||||
17 | presumption that such acquisition of that property (or right or | ||||||
18 | interest in property) is (i) primarily for the benefit, use, or | ||||||
19 | enjoyment of the public and (ii) necessary for a public | ||||||
20 | purpose. | ||||||
21 | In the case of an acquisition of property (or any right or | ||||||
22 | interest in property) for private ownership or control to be | ||||||
23 | used for utility, pipeline, CO2 capture, CO2 transport, CO2 | ||||||
24 | injection and storage, coal gasification, or railroad purposes | ||||||
25 | for which no certificate or finding of public convenience and | ||||||
26 | necessity by the Illinois Commerce Commission is required, |
| |||||||
| |||||||
1 | evidence that the acquisition is one for which the use of | ||||||
2 | eminent domain is authorized under one of the following laws | ||||||
3 | creates a rebuttable presumption that the acquisition of that | ||||||
4 | property (or right or interest in property) is (i) primarily | ||||||
5 | for the benefit, use, or enjoyment of the public and (ii) | ||||||
6 | necessary for a public purpose: | ||||||
7 | (1) the Public Utilities Act, | ||||||
8 | (2) the Telephone Company Act, | ||||||
9 | (3) the Electric Supplier Act, | ||||||
10 | (4) the Railroad Terminal Authority Act, | ||||||
11 | (5) the Grand Avenue Railroad Relocation Authority | ||||||
12 | Act, | ||||||
13 | (6) the West Cook Railroad Relocation and Development | ||||||
14 | Authority Act, | ||||||
15 | (7) Section 4-505 of the Illinois Highway Code, | ||||||
16 | (8) Section 17 or 18 of the Railroad Incorporation Act, | ||||||
17 | (9) Section 18c-7501 of the Illinois Vehicle Code , and
| ||||||
18 | . | ||||||
19 | (10) the Clean Coal FutureGen for Illinois Act.
| ||||||
20 | (d) If the exercise of eminent domain authority is to | ||||||
21 | acquire property for private ownership or control and if the | ||||||
22 | primary basis for the acquisition is the elimination of blight | ||||||
23 | and the condemning authority elects to proceed under this | ||||||
24 | subsection, then the condemning authority must: (i) prove by a | ||||||
25 | preponderance of the evidence that acquisition of the property | ||||||
26 | for private ownership or control is necessary for a public |
| |||||||
| |||||||
1 | purpose; (ii) prove by a preponderance of the evidence that the | ||||||
2 | property to be acquired is located in an area that is currently | ||||||
3 | designated as a blighted area or conservation area under an | ||||||
4 | applicable statute; (iii) if the existence of blight or | ||||||
5 | blighting factors is challenged in an appropriate motion filed | ||||||
6 | within 6 months after the date of filing of the complaint to | ||||||
7 | condemn, prove by a preponderance of the evidence that the | ||||||
8 | required blighting factors existed in the area so designated | ||||||
9 | (but not necessarily in the particular property to be acquired) | ||||||
10 | at the time of the designation under item (ii) or at any time | ||||||
11 | thereafter; and (iv) prove by a preponderance of the evidence | ||||||
12 | at least one of the following: | ||||||
13 | (A) that it has entered into an express written | ||||||
14 | agreement in which a private person or entity agrees to | ||||||
15 | undertake a development project within the blighted area | ||||||
16 | that specifically details the reasons for which the | ||||||
17 | property or rights in that property are necessary for the | ||||||
18 | development project; | ||||||
19 | (B) that the exercise of eminent domain power and the | ||||||
20 | proposed use of the property by the condemning authority | ||||||
21 | are consistent with a regional plan that has been adopted | ||||||
22 | within the past 5 years in accordance with Section 5-14001 | ||||||
23 | of the Counties Code or Section 11-12-6 of the Illinois | ||||||
24 | Municipal Code or with a local land resource management | ||||||
25 | plan adopted under Section 4 of the Local Land Resource | ||||||
26 | Management Planning Act; or |
| |||||||
| |||||||
1 | (C) that (1) the acquired property will be used in the | ||||||
2 | development of a project that is consistent with the land | ||||||
3 | uses set forth in a comprehensive redevelopment plan | ||||||
4 | prepared in accordance with the applicable statute | ||||||
5 | authorizing the condemning authority to exercise the power | ||||||
6 | of eminent domain and is consistent with the goals and | ||||||
7 | purposes of that comprehensive redevelopment plan, and (2) | ||||||
8 | an enforceable written agreement, deed restriction, or | ||||||
9 | similar encumbrance has been or will be executed and | ||||||
10 | recorded against the acquired property to assure that the | ||||||
11 | project and the use of the property remain consistent with | ||||||
12 | those land uses, goals, and purposes for a period of at | ||||||
13 | least 40 years, which execution and recording shall be | ||||||
14 | included as a requirement in any final order entered in the | ||||||
15 | condemnation proceeding. | ||||||
16 | The existence of an ordinance, resolution, or other | ||||||
17 | official act designating an area as blighted is not prima facie | ||||||
18 | evidence of the existence of blight. A finding by the court in | ||||||
19 | a condemnation proceeding that a property or area has not been | ||||||
20 | proven to be blighted does not apply to any other case or | ||||||
21 | undermine the designation of a blighted area or conservation | ||||||
22 | area or the determination of the existence of blight for any | ||||||
23 | other purpose or under any other statute, including without | ||||||
24 | limitation under the Tax Increment Allocation Redevelopment | ||||||
25 | Act (Article 11, Division 74.4 of the Illinois Municipal Code). | ||||||
26 | Any challenge to the existence of blighting factors alleged |
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1 | in a complaint to condemn under this subsection shall be raised | ||||||
2 | within 6 months of the filing date of the complaint to condemn, | ||||||
3 | and if not raised within that time the right to challenge the | ||||||
4 | existence of those blighting factors shall be deemed waived. | ||||||
5 | (e) If the exercise of eminent domain authority is to | ||||||
6 | acquire property for private ownership or control and if the | ||||||
7 | primary purpose of the acquisition is one of the purposes | ||||||
8 | specified in item (iii) of this subsection and the condemning | ||||||
9 | authority elects to proceed under this subsection, then the | ||||||
10 | condemning authority must prove by a preponderance of the | ||||||
11 | evidence that: (i) the acquisition of the property is necessary | ||||||
12 | for a public purpose; (ii) an enforceable written agreement, | ||||||
13 | deed restriction, or similar encumbrance has been or will be | ||||||
14 | executed and recorded against the acquired property to assure | ||||||
15 | that the project and the use of the property remain consistent | ||||||
16 | with the applicable purpose specified in item (iii) of this | ||||||
17 | subsection for a period of at least 40 years, which execution | ||||||
18 | and recording shall be included as a requirement in any final | ||||||
19 | order entered in the condemnation proceeding; and (iii) the | ||||||
20 | acquired property will be one of the following:
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21 | (1) included in the project site for a residential | ||||||
22 | project, or a
mixed-use project including residential | ||||||
23 | units, where not less than 20% of the residential units in | ||||||
24 | the project are made available, for at least 15 years, by | ||||||
25 | deed
restriction, long-term lease, regulatory agreement, | ||||||
26 | extended use agreement, or a
comparable recorded |
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1 | encumbrance, to low-income households and very low-income | ||||||
2 | households, as defined in Section 3 of
the Illinois | ||||||
3 | Affordable Housing Act; | ||||||
4 | (2) used primarily for public airport, road, parking, | ||||||
5 | or mass transportation purposes and sold or leased to a | ||||||
6 | private party in a sale-leaseback, lease-leaseback,
or | ||||||
7 | similar structured financing; | ||||||
8 | (3) owned or used by a public utility or electric | ||||||
9 | cooperative for utility purposes; | ||||||
10 | (4) owned or used by a railroad for
passenger or | ||||||
11 | freight transportation purposes; | ||||||
12 | (5)
sold or leased to a private party that operates a | ||||||
13 | water supply, waste water,
recycling, waste disposal, | ||||||
14 | waste-to-energy, or similar facility; | ||||||
15 | (6) sold or leased
to a not-for-profit corporation | ||||||
16 | whose purposes include the preservation of open
space, the | ||||||
17 | operation of park space, and similar public purposes; | ||||||
18 | (7)
used as a library, museum, or related facility, or | ||||||
19 | as infrastructure related to
such a facility; | ||||||
20 | (8) used by a private party for the
operation of a | ||||||
21 | charter school open to the general public; or
| ||||||
22 | (9) a historic resource, as defined in Section 3 of the | ||||||
23 | Illinois State Agency Historic Resources Preservation Act, | ||||||
24 | a landmark designated as such under a local ordinance, or a | ||||||
25 | contributing structure within a local landmark district | ||||||
26 | listed on the National Register of Historic Places, that is |
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1 | being acquired for purposes of preservation or | ||||||
2 | rehabilitation. | ||||||
3 | (f) If the exercise of eminent domain authority is to | ||||||
4 | acquire property for public ownership and private control and | ||||||
5 | if the primary purpose of the acquisition is one of the | ||||||
6 | purposes specified in item (iii) of this subsection and the | ||||||
7 | condemning authority elects to proceed under this subsection, | ||||||
8 | then the condemning authority must prove by a preponderance of | ||||||
9 | the evidence that: (i) the acquisition of the property is | ||||||
10 | necessary for a public purpose; (ii) the acquired property will | ||||||
11 | be owned by the condemning authority or another governmental | ||||||
12 | entity; and (iii) the acquired property will be controlled by a | ||||||
13 | private party that operates a
business or facility related to | ||||||
14 | the condemning authority's operation of a university, medical | ||||||
15 | district, hospital, exposition or convention center, mass | ||||||
16 | transportation facility, or airport,
including, but not | ||||||
17 | limited to, a medical clinic, research and development center, | ||||||
18 | food or commercial concession facility, social service | ||||||
19 | facility, maintenance or storage facility, cargo facility,
| ||||||
20 | rental car facility, bus facility, taxi facility, flight | ||||||
21 | kitchen,
fixed based operation, parking facility, refueling | ||||||
22 | facility, water supply facility, and railroad tracks and
| ||||||
23 | stations. | ||||||
24 | (g) This Article is a limitation on the exercise of the | ||||||
25 | power of eminent domain, but is not an independent grant of | ||||||
26 | authority to exercise the power of eminent domain.
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1 | (Source: P.A. 94-1055, eff. 1-1-07.) | ||||||
2 | (735 ILCS 30/15-5-45 new)
| ||||||
3 | Sec. 15-5-45. Eminent domain powers in New Acts. The | ||||||
4 | following provisions of law may include express grants of the | ||||||
5 | power to acquire property by condemnation or eminent domain: | ||||||
6 | Clean Coal FutureGen for Illinois Act; Department of | ||||||
7 | Commerce and Economic Opportunity; for activities | ||||||
8 | associated with the FutureGen Project, as defined in the | ||||||
9 | Clean Coal FutureGen for Illinois Act.
| ||||||
10 | Section 920. The State Lawsuit Immunity Act is amended by | ||||||
11 | changing Section 1 as follows: | ||||||
12 | (745 ILCS 5/1) (from Ch. 127, par. 801)
| ||||||
13 | Sec. 1. Except as provided in the Illinois Public Labor | ||||||
14 | Relations
Act, the Court of Claims Act, and the State Officials | ||||||
15 | and
Employees Ethics Act,
or Section 1.5 of this Act, and, | ||||||
16 | except as provided in and to the extent provided in the Clean | ||||||
17 | Coal FutureGen for Illinois Act, the State of Illinois shall | ||||||
18 | not be made a
defendant or party in any court.
| ||||||
19 | (Source: P.A. 93-414, eff. 1-1-04; 93-615, eff. 11-19-03; | ||||||
20 | revised 12-19-03.)
| ||||||
21 | Section 997. Severability. The provisions of this Act are | ||||||
22 | severable under Section 1.31 of the Statute on Statutes.
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| |||||||
1 | Section 999. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|