Full Text of SB1400 95th General Assembly
SB1400sam001 95TH GENERAL ASSEMBLY
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Sen. Mike Jacobs
Filed: 3/7/2007
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| AMENDMENT TO SENATE BILL 1400
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| AMENDMENT NO. ______. Amend Senate Bill 1400 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Wind | 5 |
| Energy Indemnity Fund Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Abandonment" means (a) in the case of a landowner: (i) failure | 8 |
| by the wind energy company to operate a wind turbine or wind | 9 |
| turbines for the purpose for which they were designed and | 10 |
| installed, for a period of 12 consecutive months, and (ii) | 11 |
| failure to pay the landowner moneys owed to him or her in | 12 |
| accordance with the underlying agreement, for a period of 6 | 13 |
| consecutive months; (b) in the case of a county board: (i) | 14 |
| failure by the wind energy company to operate a wind turbine or | 15 |
| wind turbines for the purposes for which they were designed and | 16 |
| installed, for a period of 12 consecutive months, and (ii) |
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| failure to adhere to any or all of the restrictions and | 2 |
| conditions that were part of the approval process of the | 3 |
| appropriate county authority for the granting of the special | 4 |
| use permit, conditional use permit, zoning change, or zoning or | 5 |
| permitting ordinance of any kind given in order to allow the | 6 |
| installation and operation of the wind turbine or wind | 7 |
| turbines. | 8 |
| "Board" means the governing body of the Wind Energy | 9 |
| Indemnity Fund Corporation. | 10 |
| "Claimant" means either a landowner or a county board | 11 |
| seeking to have a deconstruction paid for from the Fund and | 12 |
| carried out by the Department. | 13 |
| "Corporation" means the Wind Energy Indemnity Fund | 14 |
| Corporation, as established in this Act. | 15 |
| "County board" has the meaning set forth in Section 1.07 of | 16 |
| the Statute on Statutes. | 17 |
| "Deconstruction" means removal of all property comprising | 18 |
| a wind energy generation facility from the property of a | 19 |
| landowner and restoration of the property to the condition in | 20 |
| which it existed immediately prior to the construction of the | 21 |
| facility, including, but not limited to, soil type and | 22 |
| topography; provided, however, that foundations, pads, | 23 |
| electrical lines, and any other underground facilities must be | 24 |
| removed to a depth of 4 feet below the surface of the ground. | 25 |
| "Department" means the Department of Agriculture. | 26 |
| "Director", unless otherwise provided, means the Director |
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| of Agriculture, or the Director's designee. | 2 |
| "Fund" means the Wind Energy Indemnity Fund. | 3 |
| "Landowner" means any person with an ownership interest in | 4 |
| property subject to an underlying agreement. | 5 |
| "Person" means any individual or entity, including, but not | 6 |
| limited to, a sole proprietorship, a partnership, a | 7 |
| corporation, a cooperative, an association, a limited | 8 |
| liability company, an estate, a trust, or a governmental | 9 |
| agency. | 10 |
| "Underlying agreement" means a written arrangement with a | 11 |
| landowner, including, but not limited to, an easement, under | 12 |
| the terms of which a person constructs or intends to construct | 13 |
| a wind energy generation facility on the property of the | 14 |
| landowner. | 15 |
| "Wind energy generation facility" means all property of any | 16 |
| nature whatsoever comprising an operation designed to harness | 17 |
| wind energy and create electricity therefrom, including, but | 18 |
| not limited to, turbines, towers, roadways, concrete | 19 |
| foundations, transmission lines, and poles, all situated on, | 20 |
| under, or over the property of a landowner. | 21 |
| "Wind energy indemnity trust account" means a trust account | 22 |
| established by the Director that is used for the receipt and | 23 |
| disbursement of moneys paid from the Fund. | 24 |
| "Wind turbine" means each tower, blade, and propeller | 25 |
| housing designed for wind energy generation. |
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| Section 10. Powers and duties of the Director. The Director | 2 |
| has all powers necessary and proper to fully and effectively | 3 |
| execute the provisions of this Act and has the general duty to | 4 |
| implement this Act. The Director's powers and duties include, | 5 |
| but are not limited to, the following: | 6 |
| 1. The Director shall personally serve as president of | 7 |
| the Corporation. | 8 |
| 2. The Director may take any action that may be | 9 |
| reasonable or appropriate to enforce this Act and its | 10 |
| rules. | 11 |
| Section 15. Administrative procedure. The Illinois | 12 |
| Administrative Procedure Act applies to this Act. | 13 |
| Section 20. Administrative review and venue. Final | 14 |
| administrative decisions of the Department are subject to | 15 |
| judicial review under Article III of the Code of Civil | 16 |
| Procedure and its rules. The term "administrative decision" is | 17 |
| defined as in Section 3-101 of the Code of Civil Procedure. An | 18 |
| action to review a final administrative decision under this Act | 19 |
| may be commenced in the circuit court of any county in which | 20 |
| any part of the transaction occurred that gave rise to the | 21 |
| claim that was the subject of the proceedings before the | 22 |
| Department. | 23 |
| Section 25. Rules. The Department may promulgate rules that |
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| are necessary for the implementation and administration of this | 2 |
| Act. | 3 |
| Section 30. Fund assessments. There is an assessment of | 4 |
| $10,000 for each wind turbine constructed or under construction | 5 |
| as of the effective date of this Act and for each turbine | 6 |
| constructed thereafter, under the provisions of an underlying | 7 |
| agreement. The assessment is an obligation of the owner of each | 8 |
| wind turbine and is payable in one initial payment of $5,000 | 9 |
| and $5,000 in equal annual installments of $250 over a period | 10 |
| of 20 years; provided, however, that the subsequent annual | 11 |
| installments must be adjusted based on inflation, as reflected | 12 |
| in the Consumer Price Index, on an annual basis. The initial | 13 |
| payment is payable within 90 days after the effective date of | 14 |
| this Act for wind turbines already constructed or under | 15 |
| construction, and, in all other cases, prior to the | 16 |
| commencement of construction. | 17 |
| All installments under this Section must be sent to the | 18 |
| Department and made payable to the Corporation. | 19 |
| It is the responsibility of all parties to an underlying | 20 |
| agreement to report the existence and specific provisions of | 21 |
| the underlying agreement to the Department. | 22 |
| The Department shall mail all assessment notices to owners | 23 |
| of wind energy generation facilities at least 30 days before | 24 |
| the assessment installment is due. | 25 |
| All wind turbines already constructed, under construction, |
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| or issued a building permit before the effective date of this | 2 |
| Act are to provide proof to the county of payment to the Fund | 3 |
| within 95 days of the effective date of this Act. If such proof | 4 |
| of payment is not provided, then the county must order the wind | 5 |
| energy company to stop all operation and construction | 6 |
| activities until the county receives proof of payment to the | 7 |
| Fund. For all other wind turbines, no county may issue a | 8 |
| building permit without being provided proof that the above | 9 |
| assessment has been paid to the Fund. | 10 |
| Section 35. Abandonment. Upon an administrative finding in | 11 |
| a hearing held by the Department that a deconstruction has been | 12 |
| validly determined and ordered by either a court of competent | 13 |
| jurisdiction or an arbitrator in binding arbitration, and | 14 |
| deconstruction, after a period of at least 8 months, has not | 15 |
| been completed satisfactorily, the Director has all the powers | 16 |
| for the benefit of claimants as established under this Act, | 17 |
| including, but not limited to, the power to do the following: | 18 |
| 1. request the transfer of moneys from the Fund to the | 19 |
| Trust Account for the purpose of paying the cost of | 20 |
| deconstruction in accordance with this Act; | 21 |
| 2. disburse the funds in the Trust Account for the | 22 |
| deconstruction in accordance with this Act; | 23 |
| 3. cause the sale of the deconstructed assets; | 24 |
| 4. retain from the sale of the deconstructed assets | 25 |
| moneys adequate to cover the costs to the Department of the |
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| deconstruction, and pay those amounts to the Fund; | 2 |
| 5. return all moneys over and above the costs to the | 3 |
| Department for the deconstruction to the owner or owners of | 4 |
| the deconstructed assets, or to the holders of valid liens | 5 |
| on those assets. | 6 |
| Section 40. Statutory lien. The Department has a lien prior | 7 |
| and paramount to all other liens of any sort on the assets of | 8 |
| the wind energy system to the extent of the costs incurred by | 9 |
| the Department to accomplish the deconstruction of the | 10 |
| abandoned wind energy system, which arises and attach upon | 11 |
| construction of said wind energy system; provided, however, | 12 |
| that the lien herein granted to the Department is not prior and | 13 |
| paramount to the statutory lien in favor of real property | 14 |
| taxes. | 15 |
| Section 45. Claims. | 16 |
| (a) A claimant shall file a complaint, on forms supplied by | 17 |
| the Department, that contains at least the following: | 18 |
| (1) the name and address of the claimant; | 19 |
| (2) the name and address of the owner of the wind | 20 |
| energy generation facility in question; | 21 |
| (3) the location of the wind energy generation facility | 22 |
| in question; | 23 |
| (4) a copy of either a court decision, or the finding | 24 |
| of an arbitrator in a binding arbitration proceeding, that |
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| indicates a finding of abandonment of the wind energy | 2 |
| generation facility in question; a determination that the | 3 |
| underlying agreement is null, void, and of no further force | 4 |
| and effect; and an order for deconstruction of same. The | 5 |
| court order or arbitration decision must have been rendered | 6 |
| at least 8 months previously, and the time for all appeals | 7 |
| and related proceedings must have lapsed. | 8 |
| (5) evidence showing that the deconstruction ordered | 9 |
| by a court, or by an arbitrator in a proceeding for binding | 10 |
| arbitration, has not been carried to a satisfactory | 11 |
| conclusion, as defined in this Act; and | 12 |
| (6) a request that the funds necessary to perform the | 13 |
| deconstruction be paid to the Department from the Fund and | 14 |
| that the Department carry out the deconstruction in | 15 |
| accordance with the order of the court or the arbitrator | 16 |
| and in accordance with the definition of deconstruction as | 17 |
| contained in this Act. | 18 |
| (b) A hearing shall be held by the Department and a | 19 |
| decision rendered as to the validity of the claimant's | 20 |
| complaint. In the event of a finding that the complaint is | 21 |
| valid, then, within 90 days after the date, the Department | 22 |
| shall obtain at least 2 bids from contractors to carry out the | 23 |
| specific deconstruction. One bidder must be chosen by the | 24 |
| Department within the following 60 days, and the Department, | 25 |
| within 60 days thereafter, shall enter into a written agreement | 26 |
| with the successful bidder for the deconstruction, which must |
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| be accomplished with 6 months thereafter. | 2 |
| (c) It is the responsibility of the Department to monitor | 3 |
| the progress of the deconstruction and provide the necessary | 4 |
| supervisory oversight to ensure that it is accomplished in | 5 |
| accordance with the deconstruction agreement and the | 6 |
| provisions of this Act. | 7 |
| Section 50. Illinois Wind Energy Indemnity Fund | 8 |
| Corporation; creation; powers. | 9 |
| (a) There is hereby created the Illinois Wind Energy | 10 |
| Indemnity Fund Corporation, a political subdivision, body | 11 |
| politic, and public corporation. The governing powers of the | 12 |
| Corporation are vested in the Board of Directors composed of | 13 |
| the Director, who shall personally serve as President; the | 14 |
| Attorney General or his or her designee, who shall serve as | 15 |
| Secretary; the State Treasurer or his or her designee, who | 16 |
| shall serve as Treasurer; and the Chairman of the Illinois | 17 |
| Commerce Commission, or his or her designee. Three members of | 18 |
| the Board constitute a quorum at any meeting of the Board, and | 19 |
| the affirmative vote of 3 members is necessary for any action | 20 |
| taken by the Board at a meeting, except that a lesser number | 21 |
| may adjourn a meeting from time to time. A vacancy in the | 22 |
| membership of the Board does not impair the right of a quorum | 23 |
| to exercise all the rights and perform all the duties of the | 24 |
| Board and Corporation. | 25 |
| (b) The Corporation has the following powers, together with |
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| all powers incidental or necessary to the discharge of those | 2 |
| powers in corporate form: | 3 |
| (1) To have perpetual succession by its corporate name | 4 |
| as a corporate body. | 5 |
| (2) To adopt, alter, and repeal by-laws, not | 6 |
| inconsistent with the provisions of this Act, for the | 7 |
| regulation and conduct of its affairs and business. | 8 |
| (3) To adopt and make use of a corporate seal and to | 9 |
| alter the seal at pleasure. | 10 |
| (4) To avail itself of the use of information, | 11 |
| services, facilities, and employees of the State of | 12 |
| Illinois in carrying out the provisions of this Act. | 13 |
| (5) To receive funds assessed by the Department under | 14 |
| this Act. | 15 |
| (6) To administer the Fund by investing funds of the | 16 |
| Corporation that the Board may determine are not presently | 17 |
| needed for its corporate purposes. | 18 |
| (7) Upon the request of the Director, to make payment | 19 |
| from the Fund to the Trust Account when payment is | 20 |
| necessary to pay costs of deconstruction in accordance with | 21 |
| the provisions of this Act. | 22 |
| (8) To authorize, receive, and disburse funds by | 23 |
| electronic means. | 24 |
| (9) To have those powers that are necessary or | 25 |
| appropriate for the exercise of the powers specifically | 26 |
| conferred upon the Corporation and all incidental powers |
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| that are customary in corporations. | 2 |
| (c) All assessments by the Department must be held by the | 3 |
| Corporation in the Fund. | 4 |
| (d) Subject to applicable law, the assets of the Fund may | 5 |
| be invested and reinvested at the discretion of the | 6 |
| Corporation, and the income from these investments must be | 7 |
| deposited into the Fund and must be available for the same | 8 |
| purposes as all other assets of the Fund. | 9 |
| (e) The assets of the Fund may not be available for any | 10 |
| purposes other than the payment of deconstruction costs under | 11 |
| this Act and the payment of refunds of amounts that the Board | 12 |
| determines have been inappropriately paid into the Fund, and | 13 |
| may not be transferred to any other fund, other than the Trust | 14 |
| Account when necessary to pay deconstruction costs under this | 15 |
| Act or to pay refunds authorized by the Board. | 16 |
| Section 55. No waiver. The provisions of this Act, | 17 |
| including the definitions, may not be altered, varied, or | 18 |
| revised by agreement. | 19 |
| Section 900. The Illinois Resource Development and Energy | 20 |
| Security Act is amended by adding Section 21 as follows: | 21 |
| (20 ILCS 688/21 new) | 22 |
| Sec. 21. Legislative findings. The General Assembly finds | 23 |
| and declares that: |
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| (1) a wind energy Act that provides for a renewable | 2 |
| portfolio standard, a consistent property valuation | 3 |
| method, a restoration indemnity fund, and mechanic's lien | 4 |
| clarification will provide a favorable environmental and | 5 |
| economic climate for development of wind energy; | 6 |
| (2) it is desirable to develop both renewable and | 7 |
| alternative energy resources to obtain environmental | 8 |
| quality and public health benefit; | 9 |
| (3) the benefits of electricity from renewable and | 10 |
| alternative energy resources accrue to the public at large, | 11 |
| thus consumers and electric utilities and alternative | 12 |
| retail electric suppliers share an interest in developing | 13 |
| and using a significant level of these environmentally | 14 |
| preferable resources in the State's electricity supply | 15 |
| portfolio and stability of taxes for extended periods of | 16 |
| time; | 17 |
| (4) encouraging energy efficiency will improve the | 18 |
| environmental quality and public health in the State of | 19 |
| Illinois; | 20 |
| (5) wind energy is one alternative energy source that | 21 |
| can be used to provide electricity to utility consumers; | 22 |
| (6) some regions in the State are ideal locations for | 23 |
| wind energy system development; and | 24 |
| (7) a consistent property valuation method must be used | 25 |
| state-wide to ensure uniform, equitable assessments and to | 26 |
| create an equal distribution of the tax burden among |
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| taxpayers, especially in taxing districts located in more | 2 |
| than one county. | 3 |
| (8) a uniform, just, and equal valuation will be best | 4 |
| achieved by a cost approach with an appropriate allocation | 5 |
| to real property supplemented by the sales comparison | 6 |
| approach to the extent relevant and sufficient data are | 7 |
| available. | 8 |
| (9) the construction of wind energy facilities | 9 |
| throughout this State creates the need for uniform | 10 |
| procedures for assessing and taxing the property | 11 |
| comprising those facilities. In addition, as the | 12 |
| facilities are typically constructed on property owned by | 13 |
| others, and deconstruction of the facilities is costly, it | 14 |
| is desirable to create an indemnity fund to pay for | 15 |
| deconstruction in the event that the wind energy company | 16 |
| fails to do so in a timely manner; | 17 |
| (10) it is appropriate to protect the owners of the | 18 |
| underlying lands from mechanics liens imposed on those | 19 |
| lands in the event must the entities constructing the wind | 20 |
| energy facilities fail to pay suppliers of labor and | 21 |
| materials.
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| Section 905. The Property Tax Code is amended by adding | 23 |
| Division 5 to Article 11 as follows: | 24 |
| (35 ILCS 200/Art. 11 Div. 5 heading new) |
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| DIVISION 5. WIND ENERGY PRODUCTION | 2 |
| (35 ILCS 200/11-185 new) | 3 |
| Sec. 11-185. Definitions. For purposes of this Division 5: | 4 |
| "Wind energy conversion device" means any device | 5 |
| including, but not limited to, a wind charger, windmill, or | 6 |
| wind turbine that coverts wind energy to a form of usable | 7 |
| energy. | 8 |
| "Wind energy conversion parcel" means all property rights | 9 |
| obtained by the Wind Energy System owner to the platted parcel | 10 |
| including the wind energy conversion devices, associated | 11 |
| equipment, easements, contracts, and leases. | 12 |
| "Wind energy conversion system" means all wind energy | 13 |
| conversion devices owned by a person who has executed a lease, | 14 |
| contract, or other written agreement or who has purchased or | 15 |
| acquired property so that one or more wind energy conversion | 16 |
| devices can be erected, built, or otherwise installed on that | 17 |
| property. These devices do not need to be on contiguous parcels | 18 |
| of property to be considered a part of a total wind energy | 19 |
| conversion system. | 20 |
| (35 ILCS 200/11-190 new) | 21 |
| Sec. 11-190. Applicability. The provisions of this | 22 |
| Division 5 do not apply to wind energy conversion systems that | 23 |
| are owned by a person strictly for personal use or to any | 24 |
| person who is otherwise exempt from taxation under the Property |
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| Tax Code. For the purposes of this Section, "personal use" | 2 |
| means the use of any wind energy conversion system with a | 3 |
| nameplate capacity of less than 2 megawatts. | 4 |
| (35 ILCS 200/11-195 new) | 5 |
| Sec. 11-195. Platting requirements. Upon the completion of | 6 |
| construction, the owner of a wind energy conversion system, at | 7 |
| his or her own expense, shall cause the wind turbine facilities | 8 |
| to be platted by an Illinois registered land surveyor. The plat | 9 |
| must include access routes, together with a metes and bounds | 10 |
| description of the area surrounding each wind turbine. The | 11 |
| system owner must record the plat and deliver a copy of it to | 12 |
| the property owner and to the chief county assessment officer | 13 |
| within 60 days after the completion of the construction. Upon | 14 |
| receiving a copy of the plat, the chief county assessment | 15 |
| officer must issue a separate parcel identification number, or | 16 |
| numbers for the wind energy conversion system to apportion the | 17 |
| value to each taxing district in which the system is physically | 18 |
| located. | 19 |
| (35 ILCS 200/11-196 new) | 20 |
| Sec. 11-196. Limitation of liability for landowner. No | 21 |
| landowner is liable for taxes on a wind energy conversion | 22 |
| parcel except through ownership of the wind energy system. | 23 |
| (35 ILCS 200/11-197 new) |
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| Sec. 11-197. Recourse against wind energy conversion | 2 |
| parcels. If the taxes due for a wind energy conversion parcel | 3 |
| are not paid, the county may proceed against the wind energy | 4 |
| conversion parcels with collection as provided in Article 20. | 5 |
| (35 ILCS 200/11-200 new) | 6 |
| Sec. 11-200. Wind energy conversion system size and | 7 |
| capacity. The Department must determine the total size of the | 8 |
| device. Unless the systems are interconnected with different | 9 |
| distribution systems, the nameplate capacity of one wind energy | 10 |
| conversion device must be combined with the nameplate capacity | 11 |
| of any other wind energy conversion device that is under common | 12 |
| ownership. In case of a dispute, the Department must draw all | 13 |
| reasonable inferences in favor of combining the devices into | 14 |
| one system. In making a determination, the Department may | 15 |
| decide that 2 wind energy conversion devices or systems are | 16 |
| under common ownership when the underlying ownership structure | 17 |
| contains similar persons or entities, even if the ownership | 18 |
| shares differ. Wind energy conversion devices or systems are | 19 |
| not under common ownership solely because the same person or | 20 |
| entity provided equity financing for the systems. | 21 |
| (35 ILCS 200/11-203 new) | 22 |
| Sec. 11-203. Certification of Consumer Price Index. On or | 23 |
| before May 1 of each year, the Department must certify to each | 24 |
| chief county assessment officer the consumer price index (CPI) |
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| and the valuation rate per megawatt capacity , as calculated | 2 |
| under Section 11-205. | 3 |
| (35 ILCS 200/11-205 new) | 4 |
| Sec. 11-205. Method of valuation for wind energy conversion | 5 |
| systems. | 6 |
| (a) It is the policy of this State that, beginning January | 7 |
| 1, 2007, a wind energy conversion system that is used as an | 8 |
| electric power source must be valued on cost allocated on real | 9 |
| property supplemented by the sales comparison approach to the | 10 |
| extent relevant and sufficient data are available. If, however, | 11 |
| a wind energy conversion system ceases to operate for any | 12 |
| reason, the minimum assessed value of the system is 10% of the | 13 |
| cost of replacing the system with a new wind energy conversion | 14 |
| system.
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| (b) The 2007 base certified value per megawatt capacity is | 16 |
| $360,360. The Department shall determine a base value in | 17 |
| subsequent years by applying the Consumer Price Index to the | 18 |
| base.
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| (c) The Department shall develop regulations for | 20 |
| depreciation factoring functional obsolescence.
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| (35 ILCS 200/11-206 new) | 22 |
| Sec. 11-206. Valuation during 10-year valuation period. In | 23 |
| furtherance of the policy of encouraging renewable and | 24 |
| alternative energy resources to obtain environmental quality |
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| and public health benefit, the valuation may not exceed the | 2 |
| base year valuation for a period of 10 years. | 3 |
| (35 ILCS 200/11-215 new) | 4 |
| Sec. 11-215. Assessments of wind energy conversion | 5 |
| systems. | 6 |
| (a) A wind energy conversion system must be assessed at 33 | 7 |
| 1/3% of the valuation of the valuation rate, multiplied by the | 8 |
| prior year's annual kilowatt of electricity generated. The | 9 |
| chief county assessment officer shall apportion the value to | 10 |
| each wind energy conversion parcel in which the wind energy | 11 |
| system is physically located.
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| (b) A wind energy conversion system is not subject to | 13 |
| equalization by the Department, the county, or the board of | 14 |
| review.
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| Section 910. The Public Utilities Act is amended by adding | 16 |
| Section 9-220.3 as follows: | 17 |
| (220 ILCS 5/9-220.3 new) | 18 |
| Sec. 9-220.3. Renewable energy portfolio standards. | 19 |
| (a) "Renewable energy resources" has the meaning set
forth | 20 |
| in subsection (f) of Section 6-3 of The Renewable Energy,
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| Energy Efficiency, and Coal Resources Development Law of 1997.
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| However, for the limited purposes of this Section, energy
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| produced by methane recovered from landfills in Illinois may be
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| counted as a renewable energy resource for up to, but no more
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| than, 25% of the amount of renewable energy resources provided
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| by the electric utility or alternative retail electric supplier
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| in meeting the standards set forth in subsection (c). | 5 |
| (b) The objective of this Section is to ensure the
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| development and use of renewable energy resources to advance
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| the goals stated in Section 5 of the Illinois Resource
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| Development and Energy Security Act. | 9 |
| (c) Each electric utility or alternative retail electric
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| supplier shall provide sufficient renewable energy resources
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| to comprise: | 12 |
| (1) at least 2% of the total electricity
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| (megawatthours) that it supplies to its Illinois customers | 14 |
| as
of December 31, 2007; | 15 |
| (2) at least 3% of the total electricity
| 16 |
| (megawatthours) that it supplies to its Illinois customers | 17 |
| as
of December 31, 2008; | 18 |
| (3) at least 4% of the total electricity
| 19 |
| (megawatthours) that it supplies to its Illinois customers | 20 |
| as
of December 31, 2009; | 21 |
| (4) at least 5% of the total electricity
| 22 |
| (megawatthours) that it supplies to its Illinois customers | 23 |
| as
of December 31, 2010; | 24 |
| (5) at least 6% of the total electricity
| 25 |
| (megawattshours) that it supplies to its Illinois | 26 |
| customers as
of December 31, 2011; |
|
|
|
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| 1 |
| (6) at least 7% of the total electricity
| 2 |
| (megawattshours) that it supplies to its Illinois | 3 |
| customers as
of December 31, 2012; | 4 |
| (7) at least 8% of the total electricity
| 5 |
| (megawattshours) that it supplies to its Illinois | 6 |
| customers as
of December 31, 2013; | 7 |
| (8) at least 9% of the total electricity
| 8 |
| (megawattshours) that it supplies to its Illinois | 9 |
| customers as
of December 31, 2014; | 10 |
| (9) and at least 10% of the total electricity
| 11 |
| (megawattshours) that it supplies to its Illinois | 12 |
| customers as
of December 31, 2015. | 13 |
| The electric utilities or alternative
retail electric | 14 |
| suppliers shall report to the Commission on
their compliance | 15 |
| with these standards by April 1, 2008 and by
April 1st of each | 16 |
| succeeding year. | 17 |
| (d) In order to help achieve improved air quality, public
| 18 |
| health, and environmental quality for Illinois, renewable
| 19 |
| energy resources may be counted for purposes of meeting the
| 20 |
| renewable energy portfolio standards set forth in subsection
| 21 |
| (c) only if they are generated from facilities located in this
| 22 |
| State or in a directly adjacent serious or severe ozone
| 23 |
| non-attainment area as designated by the United States
| 24 |
| Environmental Protection Agency. However, the renewable energy
| 25 |
| resources may be counted for purposes of the renewable energy
| 26 |
| portfolio standards after January 1, 2007 if generated from a
|
|
|
|
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LRB095 11080 BDD 31710 a |
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| 1 |
| facility in an adjacent state that has entered into an
| 2 |
| agreement with Illinois as provided in subsection (e) and the
| 3 |
| renewable energy resource provided meets the definition set
| 4 |
| forth in subsection (f) of Section 6-3 of the Renewable Energy,
| 5 |
| Energy Efficiency, and Coal Resources Development Law of 1997. | 6 |
| (e) Illinois officials may work with public officials in
| 7 |
| adjacent states to develop a regional agreement in which
| 8 |
| Illinois electric utilities and alternative retail electricity
| 9 |
| suppliers will be allowed, after January 1, 2007, to count for
| 10 |
| purposes of meeting the designated renewable energy portfolio
| 11 |
| standards set forth in subsection (c) some renewable energy
| 12 |
| resources generated in an adjacent state if that other state
| 13 |
| has enacted statutory renewable energy portfolio standards
| 14 |
| that are similar to the standards set forth in subsection (c)
| 15 |
| and that other state also allows renewable energy resources
| 16 |
| generated in Illinois to be counted toward meeting its
| 17 |
| statutory renewable energy portfolio standards on a similar
| 18 |
| basis. For the purposes of such an agreement, only those
| 19 |
| renewable energy resources meeting the definition set forth in
| 20 |
| subsection (f) of Section 6-3 of the Renewable Energy, Energy
| 21 |
| Efficiency, and Coal Resources Development Law of 1997 may be
| 22 |
| included. | 23 |
| (f) Costs of obtaining renewable energy resources to meet
| 24 |
| the renewable energy portfolio standards, after January 1,
| 25 |
| 2007, pursuant to subsection (c), shall be recoverable by a
| 26 |
| utility from its ratepayers to the same extent as other fuel or
|
|
|
|
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LRB095 11080 BDD 31710 a |
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| 1 |
| purchase power costs as allowed by law after January 1, 2007. | 2 |
| (g) If an electric utility or alternative retail electric
| 3 |
| supplier does not purchase and supply all of the amounts of
| 4 |
| renewable energy specified by the standards in subsection (c),
| 5 |
| then the electric utility or alternative retail electric
| 6 |
| supplier shall pay a penalty of $25 per megawatthour each year
| 7 |
| for any shortfall in supply. That payment shall be deposited
| 8 |
| into the Renewable Energy Resources Trust Fund to be used by
| 9 |
| the Department of Commerce and Economic Opportunity for the
| 10 |
| purposes of supporting the actual development, construction,
| 11 |
| and utilization of renewable energy projects in Illinois.
| 12 |
| However, if the electric utility or alternative retail electric
| 13 |
| supplier compellingly demonstrates that renewable energy
| 14 |
| resources are not available in sufficient quantities to meet
| 15 |
| the renewable energy portfolio standards set forth in
| 16 |
| subsection (c), and makes such a force majeure showing as to
| 17 |
| the shortfall and any obstacles to availability, and if the
| 18 |
| Illinois Commerce Commission finds that the electric utility or
| 19 |
| alternative retail electric supplier, after notice and a
| 20 |
| hearing with an opportunity for the public to be heard, has, in
| 21 |
| fact, made such a compelling demonstration, then the electric
| 22 |
| utility or alternative retail electric supplier may avoid
| 23 |
| paying the penalty. The penalty payments shall be set aside in
| 24 |
| a separate escrow fund pending the hearing. In any case where
| 25 |
| the Commission finds that such a compelling demonstration has
| 26 |
| been made, the electric utility or alternative retail electric
|
|
|
|
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LRB095 11080 BDD 31710 a |
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| 1 |
| supplier must provide a mutually acceptable alternative means
| 2 |
| of developing and utilizing renewable energy resources in
the | 3 |
| State, subject to the review and approval of the Illinois
| 4 |
| Commerce Commission and the Department of Commerce and Economic
| 5 |
| Opportunity. | 6 |
| (h) This Act exempts any public utility with fewer than | 7 |
| 200,000
electric customers in Illinois on January 1, 2007.
| 8 |
| Section 920. The Mechanics Lien Act is amended by adding | 9 |
| Section 1.01 as follows: | 10 |
| (770 ILCS 60/1.01 new) | 11 |
| Sec. 1.01. Definitions. Person entitled to lien; extent of | 12 |
| lien on wind energy parcel. | 13 |
| (a) Definitions. | 14 |
| "Wind energy conversion device" means any device | 15 |
| including, but not limited to, a wind charger, windmill, or | 16 |
| wind turbine that coverts wind energy to a form of usable | 17 |
| energy. | 18 |
| "Wind energy conversion parcel" means all property rights | 19 |
| obtained by the wind energy system owner to the platted parcel | 20 |
| including the wind energy conversion devices, associated | 21 |
| equipment, easements, contracts, and leases. | 22 |
| (b) A lien for work or materials on wind energy conversion | 23 |
| parcels is limited to the platted parcel, including all | 24 |
| property rights obtained by the wind energy system owner to the |
|
|
|
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LRB095 11080 BDD 31710 a |
|
| 1 |
| platted parcel including the wind energy conversion devices, | 2 |
| associated equipment, easements, contracts, and leases.
| 3 |
| Section 999. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|