Sen. David Koehler
Filed: 3/20/2015
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1485 




2    AMENDMENT NO. ______. Amend Senate Bill 1485 as follows:


 
3on page 90, immediately below line 13 by inserting the 
4following:
 
5    "Section 8. The State Finance Act is amended by adding 
6Section 5.866 as follows:
 
7    (30 ILCS 105/5.866 new)
8    Sec. 5.866. Fossil Emission Reduction Program Fund."; and
 
9by replacing line 24 on page 261 through line 6 on page 267 
10with the following:
 
11    "(b-7)   The Fossil Emission Reduction Program.
12        (1)   Notwithstanding the provisions of Section 16-111 
13    of the Public Utilities Act, each public utility, electric 
 
 
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1    cooperative, as defined in Section 3.4 of the Electric 
2    Supplier Act, and municipal utility, as referenced in 
3    Section 3-105 of the Public Utilities Act, that is engaged 
4    in the delivery of electricity or the distribution of 
5    natural gas within the State of Illinois shall, upon the 
6    effective date of this amendatory Act of the 99th General 
7    Assembly through December 31, 2021, assess each of its 
8    customer accounts a monthly Fossil Emission Reduction 
9    Program Charge,  calculated to limit the total amount raised 
10    from all customers to $75 million per year. The delivering 
11    public utility, municipal electric or gas utility, or 
12    electric or gas cooperative for a self-assessing purchaser 
13    remains subject to the collection of the fee imposed by 
14    this Section.
15        (2)   The Fossil Emission Reduction Program Charge 
16    assessed by electric and gas public utilities shall be 
17    considered a charge for public utility service.
18        (3)   Moneys collected under this Section shall be 
19    deposited in the Fossil Emission Reduction Program by the 
20    Department of Revenue for the exclusive purposes of the 
21    awarding of competitively bid grants to operators of 
22    coal-fueled electric generating plants in Illinois to 
23    fund, in part, projects at their plants.  Eligible projects 
24    include: coal-to-natural gas conversions of Illinois coal 
25    plants; heat rate or other efficiency improvements at 
26    Illinois coal plants; projects that reduce emissions from 
 
 
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1    criteria pollutants and carbon dioxide at Illinois coal 
2    plants; use of biomass at Illinois coal plants; a program 
3    to recycle or properly dispose of coal ash; or purchase 
4    CO2-offsets owned by operators of coal-fueled generating 
5    plants in Illinois.
6        (4)   The Agency shall write rules to administer a 
7    competitive grant program for up to 75% of the project 
8    costs for eligible projects as defined in paragraph (3).
9        (5)   No individual project may receive more than one 
10    grant from the Fossil Emission Reduction Program.  Grant 
11    duration may be 1 to 5 years, based on estimated time to 
12    complete a project, however, grant amounts, once awarded, 
13    may not be increased in amount or duration.
14        (6)   If applications for more funds than are available 
15    are made to the Fossil Emission Reduction Program in a 
16    calendar year, the Agency shall award grants to projects 
17    based on the maximum amount of carbon dioxide emission 
18    reduction on a per dollar awarded basis.
19        (7)   If a successful bidder fails to complete the 
20    project by the specified date or the completed project 
21    fails to meet performance metrics specified in the grant 
22    contract, the grantee must refund all or part of the grant 
23    money based on criteria stated in the contract.
24        (8)   Upon completion of a coal to gas conversion using 
25    funds from the Fossil Emission Reduction Fund, the Agency 
26    will modify the air permit to prohibit the use of coal at 
 
 
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1    that facility in the future.
2        (9)   By the 20th day of the month following the month in 
3    which the charges imposed by this Section were collected, 
4    each utility and alternative retail electric supplier 
5    collecting charges under this Section shall remit to the 
6    Department of Revenue for deposit in the Fossil Emission 
7    Reduction Fund moneys received as payment of the charge 
8    provided for in this Section on a return prescribed and 
9    furnished by the Department of Revenue showing such 
10    information as the Department of Revenue may reasonably 
11    require.
12        (10)   The charges imposed by this Section shall only 
13    apply to customers of municipal electric or gas utilities 
14    and electric or gas cooperatives if the municipal electric 
15    or gas utility or electric or gas cooperative makes an 
16    affirmative decision to impose the charge. If a municipal 
17    electric or gas utility or an electric or gas cooperative 
18    makes an affirmative decision to impose the charge provided 
19    by this Section, the municipal electric or gas utility or 
20    electric or gas cooperative shall inform the Department of 
21    Revenue in writing of that decision when it begins to 
22    impose the charge.
23        (11)   The Department of Revenue may establish such rules 
24    as it deems necessary to implement this Section.".