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1 | | (Text of Section before amendment by P.A. 96-1528 ) |
2 | | Sec. 20-5. Executive Ethics Commission.
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3 | | (a) The Executive Ethics Commission is created.
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4 | | (b) The Executive Ethics Commission shall consist of 9
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5 | | commissioners.
The Governor shall appoint 5 commissioners, and |
6 | | the Attorney General, Secretary
of State, Comptroller, and |
7 | | Treasurer shall each appoint one commissioner.
Appointments |
8 | | shall be made by and with the advice and consent of the
Senate |
9 | | by three-fifths of the elected members concurring by record |
10 | | vote.
Any nomination not acted upon by the Senate within 60 |
11 | | session days of the
receipt thereof shall be deemed to have |
12 | | received the advice and consent of
the Senate. If, during a |
13 | | recess of the Senate, there is a vacancy in an office
of |
14 | | commissioner, the appointing authority shall make a temporary
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15 | | appointment until the next meeting of the Senate when the |
16 | | appointing
authority shall make a nomination to fill that |
17 | | office. No person rejected for
an office of commissioner shall, |
18 | | except by the Senate's request, be
nominated again for that |
19 | | office at the same session of the Senate or be
appointed to |
20 | | that office during a recess of that Senate.
No more than 5
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21 | | commissioners may be of the same
political party.
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22 | | The terms of the initial commissioners shall commence upon |
23 | | qualification.
Four initial appointees of the Governor, as |
24 | | designated by the Governor, shall
serve terms running through |
25 | | June 30, 2007. One initial appointee of the
Governor, as |
26 | | designated by the Governor, and the initial appointees of the
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1 | | Attorney General, Secretary of State, Comptroller, and |
2 | | Treasurer shall serve
terms running through June 30, 2008.
The |
3 | | initial appointments shall be made within 60 days
after the |
4 | | effective date of this Act.
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5 | | After the initial terms, commissioners shall serve for |
6 | | 4-year terms
commencing on July 1 of the year of appointment |
7 | | and running
through June 30 of the fourth following year. |
8 | | Commissioners may be
reappointed to one or more subsequent |
9 | | terms.
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10 | | Vacancies occurring other than at the end of a term shall |
11 | | be filled
by the appointing authority only for the balance of |
12 | | the
term of the commissioner whose office is vacant.
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13 | | Terms shall run regardless of whether the position is |
14 | | filled.
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15 | | (c) The appointing authorities shall appoint commissioners |
16 | | who
have experience holding governmental office or employment |
17 | | and shall
appoint commissioners from the general public.
A |
18 | | person is not eligible to
serve as a commissioner if that |
19 | | person (i) has been convicted of a
felony or a crime of |
20 | | dishonesty or moral turpitude, (ii) is, or was
within the |
21 | | preceding 12 months, engaged in activities that
require |
22 | | registration under the Lobbyist Registration Act, (iii) is |
23 | | related
to the appointing authority, or (iv) is a State officer |
24 | | or employee.
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25 | | (d) The Executive Ethics Commission shall have
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26 | | jurisdiction over all officers and employees of State agencies |
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1 | | other
than the General Assembly, the Senate, the House of |
2 | | Representatives,
the President and Minority Leader of the |
3 | | Senate, the Speaker and
Minority Leader of the House of |
4 | | Representatives, the Senate
Operations Commission, the |
5 | | legislative support services agencies, and
the Office of the |
6 | | Auditor General.
The jurisdiction of the
Commission is limited |
7 | | to matters arising under this Act.
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8 | | A member or legislative branch State employee serving on an |
9 | | executive branch board or commission remains subject to the |
10 | | jurisdiction of the Legislative Ethics Commission and is not |
11 | | subject to the jurisdiction of the Executive Ethics Commission. |
12 | | (d-5) The Executive Ethics Commission shall have |
13 | | jurisdiction over all chief procurement officers and |
14 | | procurement compliance monitors and their respective staffs. |
15 | | The Executive Ethics Commission shall have jurisdiction over |
16 | | any matters arising under the Illinois Procurement Code if the |
17 | | Commission is given explicit authority in that Code. |
18 | | (d-6) The Executive Ethics Commission shall have |
19 | | jurisdiction over the Illinois Power Agency and its staff. The |
20 | | Director of the Agency shall be appointed by a majority of the |
21 | | commissioners of the Executive Ethics Commission, subject to |
22 | | Senate confirmation, for a term of 2 years; provided that, |
23 | | notwithstanding any other provision of State law, the term of |
24 | | the Director holding the position on the effective date of this |
25 | | amendatory Act of the 97th General Assembly shall expire on |
26 | | December 31, 2013. The Director is removable for cause by a |
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1 | | majority of the Commission upon a finding of neglect, |
2 | | malfeasance, absence, or incompetence. |
3 | | (e) The Executive Ethics Commission must meet, either
in |
4 | | person or by other technological means, at least monthly and as
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5 | | often as necessary. At the first meeting of the Executive
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6 | | Ethics Commission, the commissioners shall choose from their
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7 | | number a chairperson and other officers that they deem |
8 | | appropriate.
The terms of officers shall be for 2 years |
9 | | commencing July 1 and
running through June 30 of the second |
10 | | following year. Meetings shall be held at
the call
of the |
11 | | chairperson or any 3 commissioners. Official action by the
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12 | | Commission shall require the affirmative vote of 5 |
13 | | commissioners, and
a quorum shall consist of 5 commissioners. |
14 | | Commissioners shall receive
compensation in an amount equal to |
15 | | the compensation of members of the State
Board of Elections and |
16 | | may be
reimbursed for their reasonable expenses actually |
17 | | incurred in the
performance of their duties.
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18 | | (f) No commissioner or employee of the Executive
Ethics |
19 | | Commission may during his or her term of appointment or |
20 | | employment:
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21 | | (1) become a candidate for any elective office;
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22 | | (2) hold any other elected or appointed public office |
23 | | except for
appointments on governmental advisory boards or |
24 | | study commissions or as
otherwise expressly authorized by |
25 | | law;
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26 | | (3) be actively involved in the affairs of any |
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1 | | political party or
political
organization; or
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2 | | (4) advocate for the appointment of another person to |
3 | | an appointed or elected office or position or actively |
4 | | participate in any campaign for any elective office.
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5 | | (g) An appointing authority may remove a commissioner only |
6 | | for cause.
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7 | | (h) The Executive Ethics Commission shall appoint an |
8 | | Executive Director. The
compensation of the Executive Director |
9 | | shall be as determined by the Commission. The Executive
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10 | | Director of the Executive Ethics Commission may employ and |
11 | | determine the
compensation of staff, as appropriations permit.
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12 | | (i) The Executive Ethics Commission shall appoint, by a |
13 | | majority of the members appointed to the Commission, chief |
14 | | procurement officers and procurement compliance monitors in |
15 | | accordance with the provisions of the Illinois Procurement |
16 | | Code. The compensation of a chief procurement officer and |
17 | | procurement compliance monitor shall be determined by the |
18 | | Commission. |
19 | | (Source: P.A. 96-555, eff. 8-18-09.) |
20 | | (Text of Section after amendment by P.A. 96-1528 ) |
21 | | Sec. 20-5. Executive Ethics Commission.
|
22 | | (a) The Executive Ethics Commission is created.
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23 | | (b) The Executive Ethics Commission shall consist of 9
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24 | | commissioners.
The Governor shall appoint 5 commissioners, and |
25 | | the Attorney General, Secretary
of State, Comptroller, and |
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1 | | Treasurer shall each appoint one commissioner.
Appointments |
2 | | shall be made by and with the advice and consent of the
Senate |
3 | | by three-fifths of the elected members concurring by record |
4 | | vote.
Any nomination not acted upon by the Senate within 60 |
5 | | session days of the
receipt thereof shall be deemed to have |
6 | | received the advice and consent of
the Senate. If, during a |
7 | | recess of the Senate, there is a vacancy in an office
of |
8 | | commissioner, the appointing authority shall make a temporary
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9 | | appointment until the next meeting of the Senate when the |
10 | | appointing
authority shall make a nomination to fill that |
11 | | office. No person rejected for
an office of commissioner shall, |
12 | | except by the Senate's request, be
nominated again for that |
13 | | office at the same session of the Senate or be
appointed to |
14 | | that office during a recess of that Senate.
No more than 5
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15 | | commissioners may be of the same
political party.
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16 | | The terms of the initial commissioners shall commence upon |
17 | | qualification.
Four initial appointees of the Governor, as |
18 | | designated by the Governor, shall
serve terms running through |
19 | | June 30, 2007. One initial appointee of the
Governor, as |
20 | | designated by the Governor, and the initial appointees of the
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21 | | Attorney General, Secretary of State, Comptroller, and |
22 | | Treasurer shall serve
terms running through June 30, 2008.
The |
23 | | initial appointments shall be made within 60 days
after the |
24 | | effective date of this Act.
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25 | | After the initial terms, commissioners shall serve for |
26 | | 4-year terms
commencing on July 1 of the year of appointment |
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1 | | and running
through June 30 of the fourth following year. |
2 | | Commissioners may be
reappointed to one or more subsequent |
3 | | terms.
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4 | | Vacancies occurring other than at the end of a term shall |
5 | | be filled
by the appointing authority only for the balance of |
6 | | the
term of the commissioner whose office is vacant.
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7 | | Terms shall run regardless of whether the position is |
8 | | filled.
|
9 | | (c) The appointing authorities shall appoint commissioners |
10 | | who
have experience holding governmental office or employment |
11 | | and shall
appoint commissioners from the general public.
A |
12 | | person is not eligible to
serve as a commissioner if that |
13 | | person (i) has been convicted of a
felony or a crime of |
14 | | dishonesty or moral turpitude, (ii) is, or was
within the |
15 | | preceding 12 months, engaged in activities that
require |
16 | | registration under the Lobbyist Registration Act, (iii) is |
17 | | related
to the appointing authority, or (iv) is a State officer |
18 | | or employee.
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19 | | (d) The Executive Ethics Commission shall have
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20 | | jurisdiction over all officers and employees of State agencies |
21 | | other
than the General Assembly, the Senate, the House of |
22 | | Representatives,
the President and Minority Leader of the |
23 | | Senate, the Speaker and
Minority Leader of the House of |
24 | | Representatives, the Senate
Operations Commission, the |
25 | | legislative support services agencies, and
the Office of the |
26 | | Auditor General.
The Executive Ethics Commission shall have |
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1 | | jurisdiction over all board members and employees of Regional |
2 | | Transit Boards. The jurisdiction of the
Commission is limited |
3 | | to matters arising under this Act, except as provided in |
4 | | subsection (d-5).
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5 | | A member or legislative branch State employee serving on an |
6 | | executive branch board or commission remains subject to the |
7 | | jurisdiction of the Legislative Ethics Commission and is not |
8 | | subject to the jurisdiction of the Executive Ethics Commission. |
9 | | (d-5) The Executive Ethics Commission shall have |
10 | | jurisdiction over all chief procurement officers and |
11 | | procurement compliance monitors and their respective staffs. |
12 | | The Executive Ethics Commission shall have jurisdiction over |
13 | | any matters arising under the Illinois Procurement Code if the |
14 | | Commission is given explicit authority in that Code. |
15 | | (d-6) The Executive Ethics Commission shall have |
16 | | jurisdiction over the Illinois Power Agency and its staff. The |
17 | | Director of the Agency shall be appointed by a majority of the |
18 | | commissioners of the Executive Ethics Commission, subject to |
19 | | Senate confirmation, for a term of 2 years; provided that, |
20 | | notwithstanding any other provision of State law, the term of |
21 | | the Director holding the position on the effective date of this |
22 | | amendatory Act of the 97th General Assembly shall expire on |
23 | | December 31, 2013. The Director is removable for cause by a |
24 | | majority of the Commission upon a finding of neglect, |
25 | | malfeasance, absence, or incompetence. |
26 | | (e) The Executive Ethics Commission must meet, either
in |
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1 | | person or by other technological means, at least monthly and as
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2 | | often as necessary. At the first meeting of the Executive
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3 | | Ethics Commission, the commissioners shall choose from their
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4 | | number a chairperson and other officers that they deem |
5 | | appropriate.
The terms of officers shall be for 2 years |
6 | | commencing July 1 and
running through June 30 of the second |
7 | | following year. Meetings shall be held at
the call
of the |
8 | | chairperson or any 3 commissioners. Official action by the
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9 | | Commission shall require the affirmative vote of 5 |
10 | | commissioners, and
a quorum shall consist of 5 commissioners. |
11 | | Commissioners shall receive
compensation in an amount equal to |
12 | | the compensation of members of the State
Board of Elections and |
13 | | may be
reimbursed for their reasonable expenses actually |
14 | | incurred in the
performance of their duties.
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15 | | (f) No commissioner or employee of the Executive
Ethics |
16 | | Commission may during his or her term of appointment or |
17 | | employment:
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18 | | (1) become a candidate for any elective office;
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19 | | (2) hold any other elected or appointed public office |
20 | | except for
appointments on governmental advisory boards or |
21 | | study commissions or as
otherwise expressly authorized by |
22 | | law;
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23 | | (3) be actively involved in the affairs of any |
24 | | political party or
political
organization; or
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25 | | (4) advocate for the appointment of another person to |
26 | | an appointed or elected office or position or actively |
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1 | | participate in any campaign for any elective office.
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2 | | (g) An appointing authority may remove a commissioner only |
3 | | for cause.
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4 | | (h) The Executive Ethics Commission shall appoint an |
5 | | Executive Director. The
compensation of the Executive Director |
6 | | shall be as determined by the Commission. The Executive
|
7 | | Director of the Executive Ethics Commission may employ and |
8 | | determine the
compensation of staff, as appropriations permit.
|
9 | | (i) The Executive Ethics Commission shall appoint, by a |
10 | | majority of the members appointed to the Commission, chief |
11 | | procurement officers and procurement compliance monitors in |
12 | | accordance with the provisions of the Illinois Procurement |
13 | | Code. The compensation of a chief procurement officer and |
14 | | procurement compliance monitor shall be determined by the |
15 | | Commission. |
16 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.) |
17 | | Section 820. The Executive Reorganization Implementation |
18 | | Act is amended by changing Section 3.1 as follows:
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19 | | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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20 | | Sec. 3.1. "Agency directly responsible to the Governor" or |
21 | | "agency" means
any office, officer, division, or part thereof,
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22 | | and any other office, nonelective officer, department, |
23 | | division, bureau,
board, or commission in the executive branch |
24 | | of State government,
except that it does not apply to any |
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1 | | agency whose primary function is service
to the General |
2 | | Assembly or the Judicial Branch of State government, or to
any |
3 | | agency administered by the Attorney General, Secretary of |
4 | | State, State
Comptroller or State Treasurer. In addition the |
5 | | term does not apply to
the following agencies created by law |
6 | | with the primary responsibility of
exercising regulatory
or |
7 | | adjudicatory functions independently of the Governor:
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8 | | (1) the State Board of Elections;
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9 | | (2) the State Board of Education;
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10 | | (3) the Illinois Commerce Commission;
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11 | | (4) the Illinois Workers' Compensation
Commission;
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12 | | (5) the Civil Service Commission;
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13 | | (6) the Fair Employment Practices Commission;
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14 | | (7) the Pollution Control Board;
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15 | | (8) the Department of State Police Merit Board; |
16 | | (9) the Illinois Racing Board ; .
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17 | | (10) the Illinois Power Agency. |
18 | | (Source: P.A. 96-796, eff. 10-29-09.)
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19 | | Section 830. The Civil Administrative Code of Illinois is |
20 | | amended by changing Sections 5-15 and 5-20 as follows:
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21 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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22 | | Sec. 5-15. Departments of State government. The |
23 | | Departments of
State government are created as follows:
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24 | | The Department on Aging.
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1 | | The Department of Agriculture.
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2 | | The Department of Central Management Services.
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3 | | The Department of Children and Family Services.
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4 | | The Department of Commerce and Economic Opportunity.
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5 | | The Department of Corrections.
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6 | | The Department of Employment Security.
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7 | | The Illinois Emergency Management Agency.
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8 | | The Department of Financial and Professional Regulation.
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9 | | The Department of Healthcare and Family Services.
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10 | | The Department of Human Rights.
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11 | | The Department of Human Services.
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12 | | The Illinois Power Agency.
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13 | | The Department of Juvenile Justice.
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14 | | The Department of Labor.
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15 | | The Department of the Lottery.
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16 | | The Department of Natural Resources.
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17 | | The Department of Public Health.
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18 | | The Department of Revenue.
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19 | | The Department of State Police.
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20 | | The Department of Transportation.
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21 | | The Department of Veterans' Affairs.
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22 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; |
23 | | 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
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24 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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25 | | Sec. 5-20. Heads of departments. Each department shall have |
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1 | | an
officer as its head who shall
be known as director or |
2 | | secretary and who shall, subject to the
provisions of the Civil |
3 | | Administrative Code of Illinois,
execute the powers and |
4 | | discharge the duties
vested by law in his or her respective |
5 | | department.
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6 | | The following officers are hereby created:
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7 | | Director of Aging, for the Department on Aging.
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8 | | Director of Agriculture, for the Department of |
9 | | Agriculture.
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10 | | Director of Central Management Services, for the |
11 | | Department of Central
Management Services.
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12 | | Director of Children and Family Services, for the |
13 | | Department of Children and
Family Services.
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14 | | Director of Commerce and Economic Opportunity, for
the |
15 | | Department of Commerce
and Economic Opportunity.
|
16 | | Director of Corrections, for the Department of |
17 | | Corrections.
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18 | | Director of the Illinois Emergency Management Agency, for |
19 | | the Illinois Emergency Management Agency.
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20 | | Director of Employment Security, for the Department of |
21 | | Employment Security.
|
22 | | Secretary of Financial and Professional Regulation, for |
23 | | the Department of Financial and Professional Regulation.
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24 | | Director of Healthcare and Family Services, for the |
25 | | Department of Healthcare and Family Services.
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26 | | Director of Human Rights, for the Department of Human |
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1 | | Rights.
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2 | | Secretary of Human Services, for the Department of Human |
3 | | Services.
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4 | | Director of the Illinois Power Agency, for the Illinois |
5 | | Power Agency.
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6 | | Director of Juvenile Justice, for the Department of |
7 | | Juvenile Justice.
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8 | | Director of Labor, for the Department of Labor.
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9 | | Director of the Lottery, for the Department of the Lottery.
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10 | | Director of Natural Resources, for the Department of |
11 | | Natural Resources.
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12 | | Director of Public Health, for the Department of Public |
13 | | Health.
|
14 | | Director of Revenue, for the Department of Revenue.
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15 | | Director of State Police, for the Department of State |
16 | | Police.
|
17 | | Secretary of Transportation, for the Department of |
18 | | Transportation.
|
19 | | Director of Veterans' Affairs, for the Department of |
20 | | Veterans' Affairs.
|
21 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; |
22 | | 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
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23 | | Section 840. The Personnel Code is amended by changing |
24 | | Section 4c as follows: |
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1 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
2 | | Sec. 4c. General exemptions. The following positions in |
3 | | State
service shall be exempt from jurisdictions A, B, and C, |
4 | | unless the
jurisdictions shall be extended as provided in this |
5 | | Act:
|
6 | | (1) All officers elected by the people.
|
7 | | (2) All positions under the Lieutenant Governor, |
8 | | Secretary of State,
State Treasurer, State Comptroller, |
9 | | State Board of Education, Clerk of
the Supreme Court,
|
10 | | Attorney General, and State Board of Elections.
|
11 | | (3) Judges, and officers and employees of the courts, |
12 | | and notaries
public.
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13 | | (4) All officers and employees of the Illinois General |
14 | | Assembly, all
employees of legislative commissions, all |
15 | | officers and employees of the
Illinois Legislative |
16 | | Reference Bureau, the Legislative
Research Unit, and the |
17 | | Legislative Printing Unit.
|
18 | | (5) All positions in the Illinois National Guard and |
19 | | Illinois State
Guard, paid from federal funds or positions
|
20 | | in the State Military Service filled by enlistment and paid |
21 | | from State
funds.
|
22 | | (6) All employees of the Governor at the executive |
23 | | mansion and on
his immediate personal staff.
|
24 | | (7) Directors of Departments, the Adjutant General, |
25 | | the Assistant
Adjutant General, the Director of the |
26 | | Illinois Emergency
Management Agency, members of boards |
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1 | | and commissions, and all other
positions appointed by the |
2 | | Governor by and with the consent of the
Senate.
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3 | | (8) The presidents, other principal administrative |
4 | | officers, and
teaching, research and extension faculties |
5 | | of
Chicago State University, Eastern Illinois University, |
6 | | Governors State
University, Illinois State University, |
7 | | Northeastern Illinois University,
Northern Illinois |
8 | | University, Western Illinois University, the Illinois
|
9 | | Community College Board, Southern Illinois
University, |
10 | | Illinois Board of Higher Education, University of
|
11 | | Illinois, State Universities Civil Service System, |
12 | | University Retirement
System of Illinois, and the |
13 | | administrative officers and scientific and
technical staff |
14 | | of the Illinois State Museum.
|
15 | | (9) All other employees except the presidents, other |
16 | | principal
administrative officers, and teaching, research |
17 | | and extension faculties
of the universities under the |
18 | | jurisdiction of the Board of Regents and
the colleges and |
19 | | universities under the jurisdiction of the Board of
|
20 | | Governors of State Colleges and Universities, Illinois |
21 | | Community College
Board, Southern Illinois University, |
22 | | Illinois Board of Higher Education,
Board of Governors of |
23 | | State Colleges and Universities, the Board of
Regents, |
24 | | University of Illinois, State Universities Civil Service
|
25 | | System, University Retirement System of Illinois, so long |
26 | | as these are
subject to the provisions of the State |
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1 | | Universities Civil Service Act.
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2 | | (10) The State Police so long as they are subject to |
3 | | the merit
provisions of the State Police Act.
|
4 | | (11) (Blank).
|
5 | | (12) The technical and engineering staffs of the |
6 | | Department of
Transportation, the Department of Nuclear |
7 | | Safety, the Pollution Control
Board, and the Illinois |
8 | | Commerce Commission, and the technical and engineering
|
9 | | staff providing architectural and engineering services in |
10 | | the Department of
Central Management Services.
|
11 | | (13) All employees of the Illinois State Toll Highway |
12 | | Authority.
|
13 | | (14) The Secretary of the Illinois Workers' |
14 | | Compensation Commission.
|
15 | | (15) All persons who are appointed or employed by the |
16 | | Director of
Insurance under authority of Section 202 of the |
17 | | Illinois Insurance Code
to assist the Director of Insurance |
18 | | in discharging his responsibilities
relating to the |
19 | | rehabilitation, liquidation, conservation, and
dissolution |
20 | | of companies that are subject to the jurisdiction of the
|
21 | | Illinois Insurance Code.
|
22 | | (16) All employees of the St. Louis Metropolitan Area |
23 | | Airport
Authority.
|
24 | | (17) All investment officers employed by the Illinois |
25 | | State Board of
Investment.
|
26 | | (18) Employees of the Illinois Young Adult |
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1 | | Conservation Corps program,
administered by the Illinois |
2 | | Department of Natural Resources, authorized
grantee under |
3 | | Title VIII of the Comprehensive
Employment and Training Act |
4 | | of 1973, 29 USC 993.
|
5 | | (19) Seasonal employees of the Department of |
6 | | Agriculture for the
operation of the Illinois State Fair |
7 | | and the DuQuoin State Fair, no one
person receiving more |
8 | | than 29 days of such employment in any calendar year.
|
9 | | (20) All "temporary" employees hired under the |
10 | | Department of Natural
Resources' Illinois Conservation |
11 | | Service, a youth
employment program that hires young people |
12 | | to work in State parks for a period
of one year or less.
|
13 | | (21) All hearing officers of the Human Rights |
14 | | Commission.
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15 | | (22) All employees of the Illinois Mathematics and |
16 | | Science Academy.
|
17 | | (23) All employees of the Kankakee River Valley Area
|
18 | | Airport Authority.
|
19 | | (24) The commissioners and employees of the Executive |
20 | | Ethics
Commission.
|
21 | | (25) The Executive Inspectors General, including |
22 | | special Executive
Inspectors General, and employees of |
23 | | each Office of an
Executive Inspector General.
|
24 | | (26) The commissioners and employees of the |
25 | | Legislative Ethics
Commission.
|
26 | | (27) The Legislative Inspector General, including |
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1 | | special Legislative
Inspectors General, and employees of |
2 | | the Office of
the Legislative Inspector General.
|
3 | | (28) The Auditor General's Inspector General and |
4 | | employees of the Office
of the Auditor General's Inspector |
5 | | General.
|
6 | | (29) All employees of the Illinois Power Agency. |
7 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
|
8 | | Section 860. The Illinois Power Agency Act is amended by |
9 | | changing Sections 1-5, 1-15, 1-20, 1-25, 1-70, and 1-75 as |
10 | | follows: |
11 | | (20 ILCS 3855/1-5) |
12 | | Sec. 1-5. Legislative declarations and findings. The |
13 | | General Assembly finds and declares: |
14 | | (1) The health, welfare, and prosperity of all Illinois |
15 | | citizens require the provision of adequate, reliable, |
16 | | affordable, efficient, and environmentally sustainable |
17 | | electric service at the lowest total cost over time, taking |
18 | | into account any benefits of price stability. |
19 | | (2) The transition to retail competition is not |
20 | | complete. Some customers, especially residential and small |
21 | | commercial customers, have failed to benefit from lower |
22 | | electricity costs from retail and wholesale competition. |
23 | | (3) Escalating prices for electricity in Illinois pose |
24 | | a serious threat to the economic well-being, health, and |
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1 | | safety of the residents of and the commerce and industry of |
2 | | the State. |
3 | | (4) To protect against this threat to economic |
4 | | well-being, health, and safety it is necessary to improve |
5 | | the process of procuring electricity to serve Illinois |
6 | | residents, to promote investment in energy efficiency and |
7 | | demand-response measures, and to support development of |
8 | | clean coal technologies and renewable resources. |
9 | | (5) Procuring a diverse electricity supply portfolio |
10 | | will ensure the lowest total cost over time for adequate, |
11 | | reliable, efficient, and environmentally sustainable |
12 | | electric service. |
13 | | (6) Including cost-effective renewable resources in |
14 | | that portfolio will reduce long-term direct and indirect |
15 | | costs to consumers by decreasing environmental impacts and |
16 | | by avoiding or delaying the need for new generation, |
17 | | transmission, and distribution infrastructure. |
18 | | (7) Energy efficiency, demand-response measures, and |
19 | | renewable energy are resources currently underused in |
20 | | Illinois. |
21 | | (8) The State should encourage the use of advanced |
22 | | clean coal technologies that capture and sequester carbon |
23 | | dioxide emissions to advance environmental protection |
24 | | goals and to demonstrate the viability of coal and |
25 | | coal-derived fuels in a carbon-constrained economy. |
26 | | (9) The General Assembly enacted Public Act 96-0795 to |
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1 | | reform the State's purchasing processes, recognizing that |
2 | | government procurement is susceptible to abuse if |
3 | | structural and procedural safeguards are not in place to |
4 | | ensure independence, insulation, oversight, and |
5 | | transparency. |
6 | | (10) The principles that underlie the procurement |
7 | | reform legislation apply also in the context of power |
8 | | purchasing. |
9 | | The General Assembly therefore finds that it is necessary |
10 | | to create the Illinois Power Agency and that the goals and |
11 | | objectives of that Agency are to accomplish each of the |
12 | | following: |
13 | | (A) Develop electricity procurement plans to ensure |
14 | | adequate, reliable, affordable, efficient, and |
15 | | environmentally sustainable electric service at the lowest |
16 | | total cost over time, taking into account any benefits of |
17 | | price stability, for electric utilities that on December |
18 | | 31, 2005 provided electric service to at least 100,000 |
19 | | customers in Illinois. The procurement plan shall be |
20 | | updated on an annual basis and shall include renewable |
21 | | energy resources sufficient to achieve the standards |
22 | | specified in this Act. |
23 | | (B) Conduct competitive procurement processes to |
24 | | procure the supply resources identified in the procurement |
25 | | plan. |
26 | | (C) Develop electric generation and co-generation |
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1 | | facilities that use indigenous coal or renewable |
2 | | resources, or both, financed with bonds issued by the |
3 | | Illinois Finance Authority. |
4 | | (D) Supply electricity from the Agency's facilities at |
5 | | cost to one or more of the following: municipal electric |
6 | | systems, governmental aggregators, or rural electric |
7 | | cooperatives in Illinois.
|
8 | | (E) Ensure that the process of power procurement is |
9 | | conducted in an ethical and transparent fashion, immune |
10 | | from improper influence. |
11 | | (F) Continue to review its policies and practices to |
12 | | determine how best to meet its mission of providing the |
13 | | lowest cost power to the greatest number of people, at any |
14 | | given point in time, in accordance with applicable law. |
15 | | (G) Operate in a structurally insulated, independent, |
16 | | and transparent fashion so that nothing impedes the |
17 | | Agency's mission to secure power at the best prices the |
18 | | market will bear, provided that the Agency meets all |
19 | | applicable legal requirements. |
20 | | (Source: P.A. 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09 .) |
21 | | (20 ILCS 3855/1-15)
|
22 | | Sec. 1-15. Illinois Power Agency. |
23 | | (a) For the purpose of effectuating the policy declared in |
24 | | Section 1-5 of this Act, a State agency known as the Illinois |
25 | | Power Agency is created. The Agency shall exercise governmental |
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1 | | and public powers, be perpetual in duration, and have the |
2 | | powers and duties enumerated in this Act, together with such |
3 | | others conferred upon it by law. |
4 | | (b) The Agency is not created or organized, and its |
5 | | operations shall not be conducted, for the purpose of making a |
6 | | profit. No part of the revenues or assets of the Agency shall |
7 | | inure to the benefit of or be distributable to any of its |
8 | | employees or any other private persons, except as provided in |
9 | | this Act for actual services rendered. The Agency shall operate |
10 | | as an independent agency subject to the oversight of the |
11 | | Executive Ethics Commission.
|
12 | | (Source: P.A. 95-481, eff. 8-28-07.) |
13 | | (20 ILCS 3855/1-20)
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14 | | Sec. 1-20. General powers of the Agency. |
15 | | (a) The Agency is authorized to do each of the following: |
16 | | (1) Develop electricity procurement plans to ensure |
17 | | adequate, reliable, affordable, efficient, and |
18 | | environmentally sustainable electric service at the lowest |
19 | | total cost over time, taking into account any benefits of |
20 | | price stability, for electric utilities that on December |
21 | | 31, 2005 provided electric service to at least 100,000 |
22 | | customers in Illinois. The procurement plans shall be |
23 | | updated on an annual basis and shall include electricity |
24 | | generated from renewable resources sufficient to achieve |
25 | | the standards specified in this Act. |
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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 |
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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. |
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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 |
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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 |
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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.
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23 | | (25) To manage procurement of substitute natural gas |
24 | | from a facility that meets the criteria specified in |
25 | | subsection (a) of Section 1-58 of this Act, on terms and |
26 | | conditions that may be approved by the Agency pursuant to |
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1 | | subsection (d) of Section 1-58 of this Act, to support the |
2 | | operations of State agencies and local governments that |
3 | | agree to such terms and conditions. This procurement |
4 | | process is not subject to the Procurement Code. |
5 | | (Source: P.A. 95-481, eff. 8-28-07; 96-784, eff. 8-28-09; |
6 | | 96-1000, eff. 7-2-10.) |
7 | | (20 ILCS 3855/1-25)
|
8 | | Sec. 1-25. Agency subject to other laws. Unless otherwise |
9 | | stated, the Agency is subject to the provisions of all |
10 | | applicable laws, including but not limited to, each of the |
11 | | following: |
12 | | (1) The State Records Act. |
13 | | (2) The Illinois Procurement Code , except that the |
14 | | Illinois Procurement Code does not apply to the hiring of |
15 | | procurement administrators or procurement planning |
16 | | consultants pursuant to Section 1-75 of the Illinois Power |
17 | | Agency Act . |
18 | | (3) The Freedom of Information Act. |
19 | | (4) The State Property Control Act. |
20 | | (5) (Blank). The Personnel Code. |
21 | | (6) The State Officials and Employees Ethics Act.
|
22 | | (Source: P.A. 95-481, eff. 8-28-07.) |
23 | | (20 ILCS 3855/1-70)
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24 | | Sec. 1-70. Agency officials. |
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1 | | (a) The Agency shall have a Director who meets the |
2 | | qualifications specified in Section 5-222 of the Civil |
3 | | Administrative Code of Illinois (20 ILCS 5/5-222). |
4 | | (b) Within the Illinois Power Agency, the Agency shall |
5 | | establish a Planning and Procurement Bureau and a Resource |
6 | | Development Bureau. Each Bureau shall report to the Director. |
7 | | (c) The Chief of the Planning and Procurement Bureau shall |
8 | | be appointed by the Director , at the Director's sole |
9 | | discretion, and (i) shall have at least 5 10 years of direct |
10 | | experience in electricity supply planning and procurement and |
11 | | (ii) shall also hold an advanced degree in risk management, |
12 | | law, business, or a related field. |
13 | | (d) The Chief of the Resource Development Bureau shall be |
14 | | appointed by the Director and (i) shall have at least 5 10 |
15 | | years of direct experience in electric generating project |
16 | | development and (ii) shall also hold an advanced degree in |
17 | | economics, engineering, law, business, or a related field. |
18 | | (e) The Director shall receive an annual salary of $100,000 |
19 | | or as set by the Compensation Review Board, whichever is |
20 | | higher. The Bureau Chiefs shall each receive an annual salary |
21 | | of $85,000 or as set by the Compensation Review Board, |
22 | | whichever is higher. |
23 | | (f) The Director and Bureau Chiefs shall not, for 2 years |
24 | | prior to appointment or for 2 years after he or she leaves his |
25 | | or her position, be employed by an electric utility, |
26 | | independent power producer, power marketer, or alternative |
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1 | | retail electric supplier regulated by the Commission or the |
2 | | Federal Energy Regulatory Commission. |
3 | | (g) The Director and Bureau Chiefs are prohibited from: (i) |
4 | | owning, directly or indirectly, 5% or more of the voting |
5 | | capital stock of an electric utility, independent power |
6 | | producer, power marketer, or alternative retail electric |
7 | | supplier; (ii) being in any chain of successive ownership of 5% |
8 | | or more of the voting capital stock of any electric utility, |
9 | | independent power producer, power marketer, or alternative |
10 | | retail electric supplier; (iii) receiving any form of |
11 | | compensation, fee, payment, or other consideration from an |
12 | | electric utility, independent power producer, power marketer, |
13 | | or alternative retail electric supplier, including legal fees, |
14 | | consulting fees, bonuses, or other sums. These limitations do |
15 | | not apply to any compensation received pursuant to a defined |
16 | | benefit plan or other form of deferred compensation, provided |
17 | | that the individual has otherwise severed all ties to the |
18 | | utility, power producer, power marketer, or alternative retail |
19 | | electric supplier.
|
20 | | (Source: P.A. 95-481, eff. 8-28-07.) |
21 | | (20 ILCS 3855/1-75) |
22 | | Sec. 1-75. Planning and Procurement Bureau. The Planning |
23 | | and Procurement Bureau has the following duties and |
24 | | responsibilities: |
25 | | (a) The Planning and Procurement Bureau shall each year, |
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1 | | beginning in 2008, develop procurement plans and conduct |
2 | | competitive procurement processes in accordance with the |
3 | | requirements of Section 16-111.5 of the Public Utilities Act |
4 | | for the eligible retail customers of electric utilities that on |
5 | | December 31, 2005 provided electric service to at least 100,000 |
6 | | customers in Illinois. For the purposes of this Section, the |
7 | | term "eligible retail customers" has the same definition as |
8 | | found in Section 16-111.5(a) of the Public Utilities Act. |
9 | | (1) The Agency shall each year, beginning in 2008, as |
10 | | needed, issue a request for qualifications for experts or |
11 | | expert consulting firms to develop the procurement plans in |
12 | | accordance with Section 16-111.5 of the Public Utilities |
13 | | Act. In order to qualify an expert or expert consulting |
14 | | firm must have: |
15 | | (A) direct previous experience assembling |
16 | | large-scale power supply plans or portfolios for |
17 | | end-use customers; |
18 | | (B) an advanced degree in economics, mathematics, |
19 | | engineering, risk management, or a related area of |
20 | | study; |
21 | | (C) 10 years of experience in the electricity |
22 | | sector, including managing supply risk; |
23 | | (D) expertise in wholesale electricity market |
24 | | rules, including those established by the Federal |
25 | | Energy Regulatory Commission and regional transmission |
26 | | organizations; |
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1 | | (E) expertise in credit protocols and familiarity |
2 | | with contract protocols; |
3 | | (F) adequate resources to perform and fulfill the |
4 | | required functions and responsibilities; and |
5 | | (G) the absence of a conflict of interest and |
6 | | inappropriate bias for or against potential bidders or |
7 | | the affected electric utilities. |
8 | | (2) The Agency shall each year, as needed, issue a |
9 | | request for qualifications for a procurement administrator |
10 | | to conduct the competitive procurement processes in |
11 | | accordance with Section 16-111.5 of the Public Utilities |
12 | | Act. In order to qualify an expert or expert consulting |
13 | | firm must have: |
14 | | (A) direct previous experience administering a |
15 | | large-scale competitive procurement process; |
16 | | (B) an advanced degree in economics, mathematics, |
17 | | engineering, or a related area of study; |
18 | | (C) 10 years of experience in the electricity |
19 | | sector, including risk management experience; |
20 | | (D) expertise in wholesale electricity market |
21 | | rules, including those established by the Federal |
22 | | Energy Regulatory Commission and regional transmission |
23 | | organizations; |
24 | | (E) expertise in credit and contract protocols; |
25 | | (F) adequate resources to perform and fulfill the |
26 | | required functions and responsibilities; and |
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1 | | (G) the absence of a conflict of interest and |
2 | | inappropriate bias for or against potential bidders or |
3 | | the affected electric utilities. |
4 | | (3) The Agency shall provide affected utilities and |
5 | | other interested parties with the lists of qualified |
6 | | experts or expert consulting firms identified through the |
7 | | request for qualifications processes that are under |
8 | | consideration to develop the procurement plans and to serve |
9 | | as the procurement administrator. The Agency shall also |
10 | | provide each qualified expert's or expert consulting |
11 | | firm's response to the request for qualifications. All |
12 | | information provided under this subparagraph shall also be |
13 | | provided to the Commission. The Agency may provide by rule |
14 | | for fees associated with supplying the information to |
15 | | utilities and other interested parties. These parties |
16 | | shall, within 5 business days, notify the Agency in writing |
17 | | if they object to any experts or expert consulting firms on |
18 | | the lists. Objections shall be based on: |
19 | | (A) failure to satisfy qualification criteria; |
20 | | (B) identification of a conflict of interest; or |
21 | | (C) evidence of inappropriate bias for or against |
22 | | potential bidders or the affected utilities. |
23 | | The Agency shall remove experts or expert consulting |
24 | | firms from the lists within 10 days if there is a |
25 | | reasonable basis for an objection and provide the updated |
26 | | lists to the affected utilities and other interested |
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1 | | parties. If the Agency fails to remove an expert or expert |
2 | | consulting firm from a list, an objecting party may seek |
3 | | review by the Commission within 5 days thereafter by filing |
4 | | a petition, and the Commission shall render a ruling on the |
5 | | petition within 10 days. There is no right of appeal of the |
6 | | Commission's ruling. |
7 | | (4) The Agency shall issue requests for proposals to |
8 | | the qualified experts or expert consulting firms to develop |
9 | | a procurement plan for the affected utilities and to serve |
10 | | as procurement administrator. |
11 | | (5) The Agency shall select an expert or expert |
12 | | consulting firm to develop procurement plans based on the |
13 | | proposals submitted and shall award one-year contracts of |
14 | | up to 5 years to those selected with an option for the |
15 | | Agency for a one-year renewal . |
16 | | (6) The Agency shall select an expert or expert |
17 | | consulting firm, with approval of the Commission, to serve |
18 | | as procurement administrator based on the proposals |
19 | | submitted. If the Commission rejects, within 5 days, the |
20 | | Agency's selection, the Agency shall submit another |
21 | | recommendation within 3 days based on the proposals |
22 | | submitted. The Agency shall award a 5-year one-year |
23 | | contract to the expert or expert consulting firm so |
24 | | selected with Commission approval with an option for the |
25 | | Agency for a one-year renewal . |
26 | | (b) The experts or expert consulting firms retained by the |
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1 | | Agency shall, as appropriate, prepare procurement plans, and |
2 | | conduct a competitive procurement process as prescribed in |
3 | | Section 16-111.5 of the Public Utilities Act, to ensure |
4 | | adequate, reliable, affordable, efficient, and environmentally |
5 | | sustainable electric service at the lowest total cost over |
6 | | time, taking into account any benefits of price stability, for |
7 | | eligible retail customers of electric utilities that on |
8 | | December 31, 2005 provided electric service to at least 100,000 |
9 | | customers in the State of Illinois. |
10 | | (c) Renewable portfolio standard. |
11 | | (1) The procurement plans shall include cost-effective |
12 | | renewable energy resources. A minimum percentage of each |
13 | | utility's total supply to serve the load of eligible retail |
14 | | customers, as defined in Section 16-111.5(a) of the Public |
15 | | Utilities Act, procured for each of the following years |
16 | | shall be generated from cost-effective renewable energy |
17 | | resources: at least 2% by June 1, 2008; at least 4% by June |
18 | | 1, 2009; at least 5% by June 1, 2010; at least 6% by June 1, |
19 | | 2011; at least 7% by June 1, 2012; at least 8% by June 1, |
20 | | 2013; at least 9% by June 1, 2014; at least 10% by June 1, |
21 | | 2015; and increasing by at least 1.5% each year thereafter |
22 | | to at least 25% by June 1, 2025. To the extent that it is |
23 | | available, at least 75% of the renewable energy resources |
24 | | used to meet these standards shall come from wind |
25 | | generation and, beginning on June 1, 2011, at least the |
26 | | following percentages of the renewable energy resources |
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1 | | used to meet these standards shall come from photovoltaics |
2 | | on the following schedule: 0.5% by June 1, 2012, 1.5% by |
3 | | June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and |
4 | | thereafter. |
5 | | For purposes of this subsection (c), "cost-effective" |
6 | | means that the costs of procuring renewable energy |
7 | | resources do not cause the limit stated in paragraph (2) of |
8 | | this subsection (c) to be exceeded and do not exceed |
9 | | benchmarks based on market prices for renewable energy |
10 | | resources in the region, which shall be developed by the |
11 | | procurement administrator, in consultation with the |
12 | | Commission staff, Agency staff, and the procurement |
13 | | monitor and shall be subject to Commission review and |
14 | | approval. |
15 | | (2) For purposes of this subsection (c), the required |
16 | | procurement of cost-effective renewable energy resources |
17 | | for a particular year shall be measured as a percentage of |
18 | | the actual amount of electricity (megawatt-hours) supplied |
19 | | by the electric utility to eligible retail customers in the |
20 | | planning year ending immediately prior to the procurement. |
21 | | For purposes of this subsection (c), the amount paid per |
22 | | kilowatthour means the total amount paid for electric |
23 | | service expressed on a per kilowatthour basis. For purposes |
24 | | of this subsection (c), the total amount paid for electric |
25 | | service includes without limitation amounts paid for |
26 | | supply, transmission, distribution, surcharges, and add-on |
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1 | | taxes. |
2 | | Notwithstanding the requirements of this subsection |
3 | | (c), the total of renewable energy resources procured |
4 | | pursuant to the procurement plan for any single year shall |
5 | | be reduced by an amount necessary to limit the annual |
6 | | estimated average net increase due to the costs of these |
7 | | resources included in the amounts paid by eligible retail |
8 | | customers in connection with electric service to: |
9 | | (A) in 2008, no more than 0.5% of the amount paid |
10 | | per kilowatthour by those customers during the year |
11 | | ending May 31, 2007; |
12 | | (B) in 2009, the greater of an additional 0.5% of |
13 | | the amount paid per kilowatthour by those customers |
14 | | during the year ending May 31, 2008 or 1% of the amount |
15 | | paid per kilowatthour by those customers during the |
16 | | year ending May 31, 2007; |
17 | | (C) in 2010, the greater of an additional 0.5% of |
18 | | the amount paid per kilowatthour by those customers |
19 | | during the year ending May 31, 2009 or 1.5% of the |
20 | | amount paid per kilowatthour by those customers during |
21 | | the year ending May 31, 2007; |
22 | | (D) in 2011, the greater of an additional 0.5% of |
23 | | the amount paid per kilowatthour by those customers |
24 | | during the year ending May 31, 2010 or 2% of the amount |
25 | | paid per kilowatthour by those customers during the |
26 | | year ending May 31, 2007; and |
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1 | | (E) thereafter, the amount of renewable energy |
2 | | resources procured pursuant to the procurement plan |
3 | | for any single year shall be reduced by an amount |
4 | | necessary to limit the estimated average net increase |
5 | | due to the cost of these resources included in the |
6 | | amounts paid by eligible retail customers in |
7 | | connection with electric service to no more than the |
8 | | greater of 2.015% of the amount paid per kilowatthour |
9 | | by those customers during the year ending May 31, 2007 |
10 | | or the incremental amount per kilowatthour paid for |
11 | | these resources in 2011. |
12 | | No later than June 30, 2011, the Commission shall |
13 | | review the limitation on the amount of renewable energy |
14 | | resources procured pursuant to this subsection (c) and |
15 | | report to the General Assembly its findings as to |
16 | | whether that limitation unduly constrains the |
17 | | procurement of cost-effective renewable energy |
18 | | resources. |
19 | | (3) Through June 1, 2011, renewable energy resources |
20 | | shall be counted for the purpose of meeting the renewable |
21 | | energy standards set forth in paragraph (1) of this |
22 | | subsection (c) only if they are generated from facilities |
23 | | located in the State, provided that cost-effective |
24 | | renewable energy resources are available from those |
25 | | facilities. If those cost-effective resources are not |
26 | | available in Illinois, they shall be procured in states |
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1 | | that adjoin Illinois and may be counted towards compliance. |
2 | | If those cost-effective resources are not available in |
3 | | Illinois or in states that adjoin Illinois, they shall be |
4 | | purchased elsewhere and shall be counted towards |
5 | | compliance. After June 1, 2011, cost-effective renewable |
6 | | energy resources located in Illinois and in states that |
7 | | adjoin Illinois may be counted towards compliance with the |
8 | | standards set forth in paragraph (1) of this subsection |
9 | | (c). If those cost-effective resources are not available in |
10 | | Illinois or in states that adjoin Illinois, they shall be |
11 | | purchased elsewhere and shall be counted towards |
12 | | compliance. |
13 | | (4) The electric utility shall retire all renewable |
14 | | energy credits used to comply with the standard. |
15 | | (5) Beginning with the year commencing June 1, 2010, an |
16 | | electric utility subject to this subsection (c) shall apply |
17 | | the lesser of the maximum alternative compliance payment |
18 | | rate or the most recent estimated alternative compliance |
19 | | payment rate for its service territory for the |
20 | | corresponding compliance period, established pursuant to |
21 | | subsection (d) of Section 16-115D of the Public Utilities |
22 | | Act to its retail customers that take service pursuant to |
23 | | the electric utility's hourly pricing tariff or tariffs. |
24 | | The electric utility shall retain all amounts collected as |
25 | | a result of the application of the alternative compliance |
26 | | payment rate or rates to such customers, and, beginning in |
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1 | | 2011, the utility shall include in the information provided |
2 | | under item (1) of subsection (d) of Section 16-111.5 of the |
3 | | Public Utilities Act the amounts collected under the |
4 | | alternative compliance payment rate or rates for the prior |
5 | | year ending May 31. Notwithstanding any limitation on the |
6 | | procurement of renewable energy resources imposed by item |
7 | | (2) of this subsection (c), the Agency shall increase its |
8 | | spending on the purchase of renewable energy resources to |
9 | | be procured by the electric utility for the next plan year |
10 | | by an amount equal to the amounts collected by the utility |
11 | | under the alternative compliance payment rate or rates in |
12 | | the prior year ending May 31. |
13 | | (d) Clean coal portfolio standard. |
14 | | (1) The procurement plans shall include electricity |
15 | | generated using clean coal. Each utility shall enter into |
16 | | one or more sourcing agreements with the initial clean coal |
17 | | facility, as provided in paragraph (3) of this subsection |
18 | | (d), covering electricity generated by the initial clean |
19 | | coal facility representing at least 5% of each utility's |
20 | | total supply to serve the load of eligible retail customers |
21 | | in 2015 and each year thereafter, as described in paragraph |
22 | | (3) of this subsection (d), subject to the limits specified |
23 | | in paragraph (2) of this subsection (d). It is the goal of |
24 | | the State that by January 1, 2025, 25% of the electricity |
25 | | used in the State shall be generated by cost-effective |
26 | | clean coal facilities. For purposes of this subsection (d), |
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1 | | "cost-effective" means that the expenditures pursuant to |
2 | | such sourcing agreements do not cause the limit stated in |
3 | | paragraph (2) of this subsection (d) to be exceeded and do |
4 | | not exceed cost-based benchmarks, which shall be developed |
5 | | to assess all expenditures pursuant to such sourcing |
6 | | agreements covering electricity generated by clean coal |
7 | | facilities, other than the initial clean coal facility, by |
8 | | the procurement administrator, in consultation with the |
9 | | Commission staff, Agency staff, and the procurement |
10 | | monitor and shall be subject to Commission review and |
11 | | approval. |
12 | | (A) A utility party to a sourcing agreement shall |
13 | | immediately retire any emission credits that it receives in |
14 | | connection with the electricity covered by such agreement. |
15 | | (B) Utilities shall maintain adequate records |
16 | | documenting the purchases under the sourcing agreement to |
17 | | comply with this subsection (d) and shall file an |
18 | | accounting with the load forecast that must be filed with |
19 | | the Agency by July 15 of each year, in accordance with |
20 | | subsection (d) of Section 16-111.5 of the Public Utilities |
21 | | Act. |
22 | | (C) A utility shall be deemed to have complied with the |
23 | | clean coal portfolio standard specified in this subsection |
24 | | (d) if the utility enters into a sourcing agreement as |
25 | | required by this subsection (d). |
26 | | (2) For purposes of this subsection (d), the required |
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1 | | execution of sourcing agreements with the initial clean |
2 | | coal facility for a particular year shall be measured as a |
3 | | percentage of the actual amount of electricity |
4 | | (megawatt-hours) supplied by the electric utility to |
5 | | eligible retail customers in the planning year ending |
6 | | immediately prior to the agreement's execution. For |
7 | | purposes of this subsection (d), the amount paid per |
8 | | kilowatthour means the total amount paid for electric |
9 | | service expressed on a per kilowatthour basis. For purposes |
10 | | of this subsection (d), the total amount paid for electric |
11 | | service includes without limitation amounts paid for |
12 | | supply, transmission, distribution, surcharges and add-on |
13 | | taxes. |
14 | | Notwithstanding the requirements of this subsection |
15 | | (d), the total amount paid under sourcing agreements with |
16 | | clean coal facilities pursuant to the procurement plan for |
17 | | any given year shall be reduced by an amount necessary to |
18 | | limit the annual estimated average net increase due to the |
19 | | costs of these resources included in the amounts paid by |
20 | | eligible retail customers in connection with electric |
21 | | service to: |
22 | | (A) in 2010, no more than 0.5% of the amount paid |
23 | | per kilowatthour by those customers during the year |
24 | | ending May 31, 2009; |
25 | | (B) in 2011, the greater of an additional 0.5% of |
26 | | the amount paid per kilowatthour by those customers |
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1 | | during the year ending May 31, 2010 or 1% of the amount |
2 | | paid per kilowatthour by those customers during the |
3 | | year ending May 31, 2009; |
4 | | (C) in 2012, the greater of an additional 0.5% of |
5 | | the amount paid per kilowatthour by those customers |
6 | | during the year ending May 31, 2011 or 1.5% of the |
7 | | amount paid per kilowatthour by those customers during |
8 | | the year ending May 31, 2009; |
9 | | (D) in 2013, the greater of an additional 0.5% of |
10 | | the amount paid per kilowatthour by those customers |
11 | | during the year ending May 31, 2012 or 2% of the amount |
12 | | paid per kilowatthour by those customers during the |
13 | | year ending May 31, 2009; and |
14 | | (E) thereafter, the total amount paid under |
15 | | sourcing agreements with clean coal facilities |
16 | | pursuant to the procurement plan for any single year |
17 | | shall be reduced by an amount necessary to limit the |
18 | | estimated average net increase due to the cost of these |
19 | | resources included in the amounts paid by eligible |
20 | | retail customers in connection with electric service |
21 | | to no more than the greater of (i) 2.015% of the amount |
22 | | paid per kilowatthour by those customers during the |
23 | | year ending May 31, 2009 or (ii) the incremental amount |
24 | | per kilowatthour paid for these resources in 2013. |
25 | | These requirements may be altered only as provided by |
26 | | statute. |
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1 | | No later than June 30, 2015, the Commission shall |
2 | | review the limitation on the total amount paid under |
3 | | sourcing agreements, if any, with clean coal facilities |
4 | | pursuant to this subsection (d) and report to the General |
5 | | Assembly its findings as to whether that limitation unduly |
6 | | constrains the amount of electricity generated by |
7 | | cost-effective clean coal facilities that is covered by |
8 | | sourcing agreements. |
9 | | (3) Initial clean coal facility. In order to promote |
10 | | development of clean coal facilities in Illinois, each |
11 | | electric utility subject to this Section shall execute a |
12 | | sourcing agreement to source electricity from a proposed |
13 | | clean coal facility in Illinois (the "initial clean coal |
14 | | facility") that will have a nameplate capacity of at least |
15 | | 500 MW when commercial operation commences, that has a |
16 | | final Clean Air Act permit on the effective date of this |
17 | | amendatory Act of the 95th General Assembly, and that will |
18 | | meet the definition of clean coal facility in Section 1-10 |
19 | | of this Act when commercial operation commences. The |
20 | | sourcing agreements with this initial clean coal facility |
21 | | shall be subject to both approval of the initial clean coal |
22 | | facility by the General Assembly and satisfaction of the |
23 | | requirements of paragraph (4) of this subsection (d) and |
24 | | shall be executed within 90 days after any such approval by |
25 | | the General Assembly. The Agency and the Commission shall |
26 | | have authority to inspect all books and records associated |
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1 | | with the initial clean coal facility during the term of |
2 | | such a sourcing agreement. A utility's sourcing agreement |
3 | | for electricity produced by the initial clean coal facility |
4 | | shall include: |
5 | | (A) a formula contractual price (the "contract |
6 | | price") approved pursuant to paragraph (4) of this |
7 | | subsection (d), which shall: |
8 | | (i) be determined using a cost of service |
9 | | methodology employing either a level or deferred |
10 | | capital recovery component, based on a capital |
11 | | structure consisting of 45% equity and 55% debt, |
12 | | and a return on equity as may be approved by the |
13 | | Federal Energy Regulatory Commission, which in any |
14 | | case may not exceed the lower of 11.5% or the rate |
15 | | of return approved by the General Assembly |
16 | | pursuant to paragraph (4) of this subsection (d); |
17 | | and |
18 | | (ii) provide that all miscellaneous net |
19 | | revenue, including but not limited to net revenue |
20 | | from the sale of emission allowances, if any, |
21 | | substitute natural gas, if any, grants or other |
22 | | support provided by the State of Illinois or the |
23 | | United States Government, firm transmission |
24 | | rights, if any, by-products produced by the |
25 | | facility, energy or capacity derived from the |
26 | | facility and not covered by a sourcing agreement |
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1 | | pursuant to paragraph (3) of this subsection (d) or |
2 | | item (5) of subsection (d) of Section 16-115 of the |
3 | | Public Utilities Act, whether generated from the |
4 | | synthesis gas derived from coal, from SNG, or from |
5 | | natural gas, shall be credited against the revenue |
6 | | requirement for this initial clean coal facility; |
7 | | (B) power purchase provisions, which shall: |
8 | | (i) provide that the utility party to such |
9 | | sourcing agreement shall pay the contract price |
10 | | for electricity delivered under such sourcing |
11 | | agreement; |
12 | | (ii) require delivery of electricity to the |
13 | | regional transmission organization market of the |
14 | | utility that is party to such sourcing agreement; |
15 | | (iii) require the utility party to such |
16 | | sourcing agreement to buy from the initial clean |
17 | | coal facility in each hour an amount of energy |
18 | | equal to all clean coal energy made available from |
19 | | the initial clean coal facility during such hour |
20 | | times a fraction, the numerator of which is such |
21 | | utility's retail market sales of electricity |
22 | | (expressed in kilowatthours sold) in the State |
23 | | during the prior calendar month and the |
24 | | denominator of which is the total retail market |
25 | | sales of electricity (expressed in kilowatthours |
26 | | sold) in the State by utilities during such prior |
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1 | | month and the sales of electricity (expressed in |
2 | | kilowatthours sold) in the State by alternative |
3 | | retail electric suppliers during such prior month |
4 | | that are subject to the requirements of this |
5 | | subsection (d) and paragraph (5) of subsection (d) |
6 | | of Section 16-115 of the Public Utilities Act, |
7 | | provided that the amount purchased by the utility |
8 | | in any year will be limited by paragraph (2) of |
9 | | this subsection (d); and |
10 | | (iv) be considered pre-existing contracts in |
11 | | such utility's procurement plans for eligible |
12 | | retail customers; |
13 | | (C) contract for differences provisions, which |
14 | | shall: |
15 | | (i) require the utility party to such sourcing |
16 | | agreement to contract with the initial clean coal |
17 | | facility in each hour with respect to an amount of |
18 | | energy equal to all clean coal energy made |
19 | | available from the initial clean coal facility |
20 | | during such hour times a fraction, the numerator of |
21 | | which is such utility's retail market sales of |
22 | | electricity (expressed in kilowatthours sold) in |
23 | | the utility's service territory in the State |
24 | | during the prior calendar month and the |
25 | | denominator of which is the total retail market |
26 | | sales of electricity (expressed in kilowatthours |
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1 | | sold) in the State by utilities during such prior |
2 | | month and the sales of electricity (expressed in |
3 | | kilowatthours sold) in the State by alternative |
4 | | retail electric suppliers during such prior month |
5 | | that are subject to the requirements of this |
6 | | subsection (d) and paragraph (5) of subsection (d) |
7 | | of Section 16-115 of the Public Utilities Act, |
8 | | provided that the amount paid by the utility in any |
9 | | year will be limited by paragraph (2) of this |
10 | | subsection (d); |
11 | | (ii) provide that the utility's payment |
12 | | obligation in respect of the quantity of |
13 | | electricity determined pursuant to the preceding |
14 | | clause (i) shall be limited to an amount equal to |
15 | | (1) the difference between the contract price |
16 | | determined pursuant to subparagraph (A) of |
17 | | paragraph (3) of this subsection (d) and the |
18 | | day-ahead price for electricity delivered to the |
19 | | regional transmission organization market of the |
20 | | utility that is party to such sourcing agreement |
21 | | (or any successor delivery point at which such |
22 | | utility's supply obligations are financially |
23 | | settled on an hourly basis) (the "reference |
24 | | price") on the day preceding the day on which the |
25 | | electricity is delivered to the initial clean coal |
26 | | facility busbar, multiplied by (2) the quantity of |
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1 | | electricity determined pursuant to the preceding |
2 | | clause (i); and |
3 | | (iii) not require the utility to take physical |
4 | | delivery of the electricity produced by the |
5 | | facility; |
6 | | (D) general provisions, which shall: |
7 | | (i) specify a term of no more than 30 years, |
8 | | commencing on the commercial operation date of the |
9 | | facility; |
10 | | (ii) provide that utilities shall maintain |
11 | | adequate records documenting purchases under the |
12 | | sourcing agreements entered into to comply with |
13 | | this subsection (d) and shall file an accounting |
14 | | with the load forecast that must be filed with the |
15 | | Agency by July 15 of each year, in accordance with |
16 | | subsection (d) of Section 16-111.5 of the Public |
17 | | Utilities Act. |
18 | | (iii) provide that all costs associated with |
19 | | the initial clean coal facility will be |
20 | | periodically reported to the Federal Energy |
21 | | Regulatory Commission and to purchasers in |
22 | | accordance with applicable laws governing |
23 | | cost-based wholesale power contracts; |
24 | | (iv) permit the Illinois Power Agency to |
25 | | assume ownership of the initial clean coal |
26 | | facility, without monetary consideration and |
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1 | | otherwise on reasonable terms acceptable to the |
2 | | Agency, if the Agency so requests no less than 3 |
3 | | years prior to the end of the stated contract term; |
4 | | (v) require the owner of the initial clean coal |
5 | | facility to provide documentation to the |
6 | | Commission each year, starting in the facility's |
7 | | first year of commercial operation, accurately |
8 | | reporting the quantity of carbon emissions from |
9 | | the facility that have been captured and |
10 | | sequestered and report any quantities of carbon |
11 | | released from the site or sites at which carbon |
12 | | emissions were sequestered in prior years, based |
13 | | on continuous monitoring of such sites. If, in any |
14 | | year after the first year of commercial operation, |
15 | | the owner of the facility fails to demonstrate that |
16 | | the initial clean coal facility captured and |
17 | | sequestered at least 50% of the total carbon |
18 | | emissions that the facility would otherwise emit |
19 | | or that sequestration of emissions from prior |
20 | | years has failed, resulting in the release of |
21 | | carbon dioxide into the atmosphere, the owner of |
22 | | the facility must offset excess emissions. Any |
23 | | such carbon offsets must be permanent, additional, |
24 | | verifiable, real, located within the State of |
25 | | Illinois, and legally and practicably enforceable. |
26 | | The cost of such offsets for the facility that are |
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1 | | not recoverable shall not exceed $15 million in any |
2 | | given year. No costs of any such purchases of |
3 | | carbon offsets may be recovered from a utility or |
4 | | its customers. All carbon offsets purchased for |
5 | | this purpose and any carbon emission credits |
6 | | associated with sequestration of carbon from the |
7 | | facility must be permanently retired. The initial |
8 | | clean coal facility shall not forfeit its |
9 | | designation as a clean coal facility if the |
10 | | facility fails to fully comply with the applicable |
11 | | carbon sequestration requirements in any given |
12 | | year, provided the requisite offsets are |
13 | | purchased. However, the Attorney General, on |
14 | | behalf of the People of the State of Illinois, may |
15 | | specifically enforce the facility's sequestration |
16 | | requirement and the other terms of this contract |
17 | | provision. Compliance with the sequestration |
18 | | requirements and offset purchase requirements |
19 | | specified in paragraph (3) of this subsection (d) |
20 | | shall be reviewed annually by an independent |
21 | | expert retained by the owner of the initial clean |
22 | | coal facility, with the advance written approval |
23 | | of the Attorney General. The Commission may, in the |
24 | | course of the review specified in item (vii), |
25 | | reduce the allowable return on equity for the |
26 | | facility if the facility wilfully fails to comply |
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1 | | with the carbon capture and sequestration |
2 | | requirements set forth in this item (v); |
3 | | (vi) include limits on, and accordingly |
4 | | provide for modification of, the amount the |
5 | | utility is required to source under the sourcing |
6 | | agreement consistent with paragraph (2) of this |
7 | | subsection (d); |
8 | | (vii) require Commission review: (1) to |
9 | | determine the justness, reasonableness, and |
10 | | prudence of the inputs to the formula referenced in |
11 | | subparagraphs (A)(i) through (A)(iii) of paragraph |
12 | | (3) of this subsection (d), prior to an adjustment |
13 | | in those inputs including, without limitation, the |
14 | | capital structure and return on equity, fuel |
15 | | costs, and other operations and maintenance costs |
16 | | and (2) to approve the costs to be passed through |
17 | | to customers under the sourcing agreement by which |
18 | | the utility satisfies its statutory obligations. |
19 | | Commission review shall occur no less than every 3 |
20 | | years, regardless of whether any adjustments have |
21 | | been proposed, and shall be completed within 9 |
22 | | months; |
23 | | (viii) limit the utility's obligation to such |
24 | | amount as the utility is allowed to recover through |
25 | | tariffs filed with the Commission, provided that |
26 | | neither the clean coal facility nor the utility |
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1 | | waives any right to assert federal pre-emption or |
2 | | any other argument in response to a purported |
3 | | disallowance of recovery costs; |
4 | | (ix) limit the utility's or alternative retail |
5 | | electric supplier's obligation to incur any |
6 | | liability until such time as the facility is in |
7 | | commercial operation and generating power and |
8 | | energy and such power and energy is being delivered |
9 | | to the facility busbar; |
10 | | (x) provide that the owner or owners of the |
11 | | initial clean coal facility, which is the |
12 | | counterparty to such sourcing agreement, shall |
13 | | have the right from time to time to elect whether |
14 | | the obligations of the utility party thereto shall |
15 | | be governed by the power purchase provisions or the |
16 | | contract for differences provisions; |
17 | | (xi) append documentation showing that the |
18 | | formula rate and contract, insofar as they relate |
19 | | to the power purchase provisions, have been |
20 | | approved by the Federal Energy Regulatory |
21 | | Commission pursuant to Section 205 of the Federal |
22 | | Power Act; |
23 | | (xii) provide that any changes to the terms of |
24 | | the contract, insofar as such changes relate to the |
25 | | power purchase provisions, are subject to review |
26 | | under the public interest standard applied by the |
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1 | | Federal Energy Regulatory Commission pursuant to |
2 | | Sections 205 and 206 of the Federal Power Act; and |
3 | | (xiii) conform with customary lender |
4 | | requirements in power purchase agreements used as |
5 | | the basis for financing non-utility generators. |
6 | | (4) Effective date of sourcing agreements with the |
7 | | initial clean coal facility. |
8 | | Any proposed sourcing agreement with the initial clean |
9 | | coal facility shall not become effective unless the |
10 | | following reports are prepared and submitted and |
11 | | authorizations and approvals obtained: |
12 | | (i) Facility cost report. The owner of the initial |
13 | | clean coal facility shall submit to the Commission, the |
14 | | Agency, and the General Assembly a front-end |
15 | | engineering and design study, a facility cost report, |
16 | | method of financing (including but not limited to |
17 | | structure and associated costs), and an operating and |
18 | | maintenance cost quote for the facility (collectively |
19 | | "facility cost report"), which shall be prepared in |
20 | | accordance with the requirements of this paragraph (4) |
21 | | of subsection (d) of this Section, and shall provide |
22 | | the Commission and the Agency access to the work |
23 | | papers, relied upon documents, and any other backup |
24 | | documentation related to the facility cost report. |
25 | | (ii) Commission report. Within 6 months following |
26 | | receipt of the facility cost report, the Commission, in |
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1 | | consultation with the Agency, shall submit a report to |
2 | | the General Assembly setting forth its analysis of the |
3 | | facility cost report. Such report shall include, but |
4 | | not be limited to, a comparison of the costs associated |
5 | | with electricity generated by the initial clean coal |
6 | | facility to the costs associated with electricity |
7 | | generated by other types of generation facilities, an |
8 | | analysis of the rate impacts on residential and small |
9 | | business customers over the life of the sourcing |
10 | | agreements, and an analysis of the likelihood that the |
11 | | initial clean coal facility will commence commercial |
12 | | operation by and be delivering power to the facility's |
13 | | busbar by 2016. To assist in the preparation of its |
14 | | report, the Commission, in consultation with the |
15 | | Agency, may hire one or more experts or consultants, |
16 | | the costs of which shall be paid for by the owner of |
17 | | the initial clean coal facility. The Commission and |
18 | | Agency may begin the process of selecting such experts |
19 | | or consultants prior to receipt of the facility cost |
20 | | report. |
21 | | (iii) General Assembly approval. The proposed |
22 | | sourcing agreements shall not take effect unless, |
23 | | based on the facility cost report and the Commission's |
24 | | report, the General Assembly enacts authorizing |
25 | | legislation approving (A) the projected price, stated |
26 | | in cents per kilowatthour, to be charged for |
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1 | | electricity generated by the initial clean coal |
2 | | facility, (B) the projected impact on residential and |
3 | | small business customers' bills over the life of the |
4 | | sourcing agreements, and (C) the maximum allowable |
5 | | return on equity for the project; and |
6 | | (iv) Commission review. If the General Assembly |
7 | | enacts authorizing legislation pursuant to |
8 | | subparagraph (iii) approving a sourcing agreement, the |
9 | | Commission shall, within 90 days of such enactment, |
10 | | complete a review of such sourcing agreement. During |
11 | | such time period, the Commission shall implement any |
12 | | directive of the General Assembly, resolve any |
13 | | disputes between the parties to the sourcing agreement |
14 | | concerning the terms of such agreement, approve the |
15 | | form of such agreement, and issue an order finding that |
16 | | the sourcing agreement is prudent and reasonable. |
17 | | The facility cost report shall be prepared as follows: |
18 | | (A) The facility cost report shall be prepared by |
19 | | duly licensed engineering and construction firms |
20 | | detailing the estimated capital costs payable to one or |
21 | | more contractors or suppliers for the engineering, |
22 | | procurement and construction of the components |
23 | | comprising the initial clean coal facility and the |
24 | | estimated costs of operation and maintenance of the |
25 | | facility. The facility cost report shall include: |
26 | | (i) an estimate of the capital cost of the core |
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1 | | plant based on one or more front end engineering |
2 | | and design studies for the gasification island and |
3 | | related facilities. The core plant shall include |
4 | | all civil, structural, mechanical, electrical, |
5 | | control, and safety systems. |
6 | | (ii) an estimate of the capital cost of the |
7 | | balance of the plant, including any capital costs |
8 | | associated with sequestration of carbon dioxide |
9 | | emissions and all interconnects and interfaces |
10 | | required to operate the facility, such as |
11 | | transmission of electricity, construction or |
12 | | backfeed power supply, pipelines to transport |
13 | | substitute natural gas or carbon dioxide, potable |
14 | | water supply, natural gas supply, water supply, |
15 | | water discharge, landfill, access roads, and coal |
16 | | delivery. |
17 | | The quoted construction costs shall be expressed |
18 | | in nominal dollars as of the date that the quote is |
19 | | prepared and shall include (1) capitalized financing |
20 | | costs during construction,
(2) taxes, insurance, and |
21 | | other owner's costs, and (3) an assumed escalation in |
22 | | materials and labor beyond the date as of which the |
23 | | construction cost quote is expressed. |
24 | | (B) The front end engineering and design study for |
25 | | the gasification island and the cost study for the |
26 | | balance of plant shall include sufficient design work |
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1 | | to permit quantification of major categories of |
2 | | materials, commodities and labor hours, and receipt of |
3 | | quotes from vendors of major equipment required to |
4 | | construct and operate the clean coal facility. |
5 | | (C) The facility cost report shall also include an |
6 | | operating and maintenance cost quote that will provide |
7 | | the estimated cost of delivered fuel, personnel, |
8 | | maintenance contracts, chemicals, catalysts, |
9 | | consumables, spares, and other fixed and variable |
10 | | operations and maintenance costs. (a) The delivered |
11 | | fuel cost estimate will be provided by a recognized |
12 | | third party expert or experts in the fuel and |
13 | | transportation industries. (b) The balance of the |
14 | | operating and maintenance cost quote, excluding |
15 | | delivered fuel costs , will be developed based on the |
16 | | inputs provided by duly licensed engineering and |
17 | | construction firms performing the construction cost |
18 | | quote, potential vendors under long-term service |
19 | | agreements and plant operating agreements, or |
20 | | recognized third party plant operator or operators. |
21 | | The operating and maintenance cost quote |
22 | | (including the cost of the front end engineering and |
23 | | design study) shall be expressed in nominal dollars as |
24 | | of the date that the quote is prepared and shall |
25 | | include (1) taxes, insurance, and other owner's costs, |
26 | | and (2) an assumed escalation in materials and labor |
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1 | | beyond the date as of which the operating and |
2 | | maintenance cost quote is expressed. |
3 | | (D) The facility cost report shall also include (i) |
4 | | an analysis of the initial clean coal facility's |
5 | | ability to deliver power and energy into the applicable |
6 | | regional transmission organization markets and (ii) an |
7 | | analysis of the expected capacity factor for the |
8 | | initial clean coal facility. |
9 | | (E) Amounts paid to third parties unrelated to the |
10 | | owner or owners of the initial clean coal facility to |
11 | | prepare the core plant construction cost quote, |
12 | | including the front end engineering and design study, |
13 | | and the operating and maintenance cost quote will be |
14 | | reimbursed through Coal Development Bonds. |
15 | | (5) Re-powering and retrofitting coal-fired power |
16 | | plants previously owned by Illinois utilities to qualify as |
17 | | clean coal facilities. During the 2009 procurement |
18 | | planning process and thereafter, the Agency and the |
19 | | Commission shall consider sourcing agreements covering |
20 | | electricity generated by power plants that were previously |
21 | | owned by Illinois utilities and that have been or will be |
22 | | converted into clean coal facilities, as defined by Section |
23 | | 1-10 of this Act. Pursuant to such procurement planning |
24 | | process, the owners of such facilities may propose to the |
25 | | Agency sourcing agreements with utilities and alternative |
26 | | retail electric suppliers required to comply with |
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1 | | subsection (d) of this Section and item (5) of subsection |
2 | | (d) of Section 16-115 of the Public Utilities Act, covering |
3 | | electricity generated by such facilities. In the case of |
4 | | sourcing agreements that are power purchase agreements, |
5 | | the contract price for electricity sales shall be |
6 | | established on a cost of service basis. In the case of |
7 | | sourcing agreements that are contracts for differences, |
8 | | the contract price from which the reference price is |
9 | | subtracted shall be established on a cost of service basis. |
10 | | The Agency and the Commission may approve any such utility |
11 | | sourcing agreements that do not exceed cost-based |
12 | | benchmarks developed by the procurement administrator, in |
13 | | consultation with the Commission staff, Agency staff and |
14 | | the procurement monitor, subject to Commission review and |
15 | | approval. The Commission shall have authority to inspect |
16 | | all books and records associated with these clean coal |
17 | | facilities during the term of any such contract. |
18 | | (6) Costs incurred under this subsection (d) or |
19 | | pursuant to a contract entered into under this subsection |
20 | | (d) shall be deemed prudently incurred and reasonable in |
21 | | amount and the electric utility shall be entitled to full |
22 | | cost recovery pursuant to the tariffs filed with the |
23 | | Commission. |
24 | | (e) The draft procurement plans are subject to public |
25 | | comment, as required by Section 16-111.5 of the Public |
26 | | Utilities Act. |
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1 | | (f) The Agency shall submit the final procurement plan to |
2 | | the Commission. The Agency shall revise a procurement plan if |
3 | | the Commission determines that it does not meet the standards |
4 | | set forth in Section 16-111.5 of the Public Utilities Act. |
5 | | (g) The Agency shall assess fees to each affected utility |
6 | | to recover the costs incurred in preparation of the annual |
7 | | procurement plan for the utility. |
8 | | (h) The Agency shall assess fees to each bidder to recover |
9 | | the costs incurred in connection with a competitive procurement |
10 | | process.
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11 | | (Source: P.A. 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09; |
12 | | 96-159, eff. 8-10-09; 96-1437, eff. 8-17-10.) |
13 | | Section 880. The Illinois Procurement Code is amended by |
14 | | changing Section 50-39 as follows: |
15 | | (30 ILCS 500/50-39) |
16 | | Sec. 50-39. Procurement communications reporting |
17 | | requirement. |
18 | | (a) Any written or oral communication received by a State |
19 | | employee that imparts or requests material information or makes |
20 | | a material argument regarding potential action concerning a |
21 | | procurement matter, including, but not limited to, an |
22 | | application, a contract, or a project, shall be reported to the |
23 | | Procurement Policy Board , and, with respect to the Illinois |
24 | | Power Agency, by the initiator of the communication, and may be |
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1 | | reported also by the recipient. Any person communicating |
2 | | orally, in writing, electronically, or otherwise with the |
3 | | Director or any person employed by, or associated with, the |
4 | | Illinois Power Agency to impart, solicit, or transfer any |
5 | | information related to the content of any power procurement |
6 | | plan, the manner of conducting any power procurement process, |
7 | | the procurement of any power supply, or the method or structure |
8 | | of contracting with power suppliers must disclose to the |
9 | | Procurement Policy Board the full nature, content, and extent |
10 | | of any such communication in writing by submitting a report |
11 | | with the following information: |
12 | | (1) The names of any party to the communication. |
13 | | (2) The date on which the communication occurred. |
14 | | (3) The time at which the communication occurred. |
15 | | (4) The duration
of the communication. |
16 | | (5) The method (written, oral, etc.) of the |
17 | | communication. |
18 | | (6) A summary of the substantive content
of the |
19 | | communication . |
20 | | These communications do not include the following: (i) |
21 | | statements by a person publicly made in a public forum; (ii) |
22 | | statements regarding matters of procedure and practice, such as |
23 | | format, the number of copies required, the manner of filing, |
24 | | and the status of a matter; and (iii) statements made by a |
25 | | State employee of the agency to the agency head or other |
26 | | employees of that agency or to the employees of the Executive |
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1 | | Ethics Commission. The provisions of this Section shall not |
2 | | apply to communications regarding the administration and |
3 | | implementation of an existing contract, except communications |
4 | | regarding change orders or the renewal or extension of a |
5 | | contract. |
6 | | (b) The report required by subsection (a) shall be |
7 | | submitted monthly and include at least the following: (i) the |
8 | | date and time of each communication; (ii) the identity of each |
9 | | person from whom the written or oral communication was |
10 | | received, the individual or entity represented by that person, |
11 | | and any action the person requested or recommended; (iii) the |
12 | | identity and job title of the person to whom each communication |
13 | | was made; (iv) if a response is made, the identity and job |
14 | | title of the person making each response; (v) a detailed |
15 | | summary of the points made by each person involved in the |
16 | | communication; (vi) the duration of the communication; (vii) |
17 | | the location or locations of all persons involved in the |
18 | | communication and, if the communication occurred by telephone, |
19 | | the telephone numbers for the callers and recipients of the |
20 | | communication; and (viii) any other pertinent information. |
21 | | (c) Additionally, when an oral communication made by a |
22 | | person required to register under the Lobbyist Registration Act |
23 | | is received by a State employee that is covered under this |
24 | | Section, all individuals who initiate or participate in the |
25 | | oral communication shall submit a written report to that State |
26 | | employee that memorializes the communication and includes, but |
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1 | | is not limited to, the items listed in subsection (b). |
2 | | (d) The Procurement Policy Board shall make each report |
3 | | submitted pursuant to this Section available on its website |
4 | | within 7 days after its receipt of the report. The Procurement |
5 | | Policy Board may promulgate rules to ensure compliance with |
6 | | this Section. |
7 | | (e) The reporting requirements shall also be conveyed |
8 | | through ethics training under the State Employees and Officials |
9 | | and Employees Ethics Act. An employee who knowingly and |
10 | | intentionally violates this Section shall be subject to |
11 | | suspension or discharge. The Executive Ethics Commission shall |
12 | | promulgate rules, including emergency rules, to implement this |
13 | | Section. |
14 | | (f) This Section becomes operative on January 1, 2011. |
15 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
16 | | for the effective date of changes made by P.A. 96-795); 96-920, |
17 | | eff. 7-1-10; revised 9-27-10.)"; and
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18 | | on page 18, immediately below line 7, by inserting the |
19 | | following: |
20 | | "Section 995. No acceleration or delay. Where this Act |
21 | | makes changes in a statute that is represented in this Act by |
22 | | text that is not yet or no longer in effect (for example, a |
23 | | Section represented by multiple versions), the use of that text |
24 | | does not accelerate or delay the taking effect of (i) the |