Full Text of SB0878 95th General Assembly
SB0878enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Renewable Energy, Energy Efficiency, and | 5 |
| Coal Resources
Development Law of 1997 is amended by changing | 6 |
| Section 6-3 as follows:
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| (20 ILCS 687/6-3)
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| (Section scheduled to be repealed on December 12, 2015)
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| Sec. 6-3. Renewable energy resources program.
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| (a) The Department of Commerce and Economic Opportunity, to
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| be called the "Department" hereinafter in this Law, shall
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| administer the Renewable Energy Resources Program to provide
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| grants, loans, and other incentives to foster investment in
and | 14 |
| the development and use of renewable energy resources.
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| (b) The Department shall establish eligibility criteria
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| for grants, loans, and other incentives to foster investment
in | 17 |
| and the development and use of renewable energy resources.
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| These criteria shall be reviewed annually and adjusted as
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| necessary. The criteria should promote the goal of fostering
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| investment in and the development and use, in Illinois, of
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| renewable energy resources.
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| (c) The Department shall accept applications for grants,
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| loans, and other incentives to foster investment in and the
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| development and use of renewable energy resources.
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| (d) To the extent that funds are available and
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| appropriated, the Department shall provide grants, loans, and
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| other incentives to applicants
that meet the criteria specified | 5 |
| by the Department.
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| (e) The Department shall conduct an annual study on the
use | 7 |
| and availability of renewable energy resources in
Illinois. | 8 |
| Each year, the Department shall submit a report on
the study to | 9 |
| the General Assembly. This report shall include
suggestions for | 10 |
| legislation which will encourage the
development and use of | 11 |
| renewable energy resources.
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| (f) As used in this Law, "renewable energy resources" | 13 |
| includes energy from
wind, solar thermal energy, photovoltaic
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| cells and panels, dedicated crops
grown for energy production | 15 |
| and organic waste biomass, hydropower that does not
involve new | 16 |
| construction or significant expansion of hydropower dams, and | 17 |
| other
such alternative sources of environmentally preferable | 18 |
| energy.
"Renewable energy resources" does not include, | 19 |
| however, energy from the
incineration , or burning or heating of | 20 |
| waste wood, tires, garbage, general
household, institutional | 21 |
| and commercial waste, industrial lunchroom or office
waste, | 22 |
| landscape waste, or construction or demolition debris.
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| (g) There is created the Energy Efficiency Investment Fund | 24 |
| as a special
fund
in the State Treasury, to be administered by | 25 |
| the Department to support the
development of technologies for | 26 |
| wind, biomass, and solar power in Illinois.
The
Department may |
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| accept private and public funds, including federal funds, for
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| deposit into the Fund.
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| (Source: P.A. 94-793, eff. 5-19-06 .)
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| Section 10. The Illinois Power Agency Act is amended by | 5 |
| changing Section 1-10 as follows: | 6 |
| (20 ILCS 3855/1-10)
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| Sec. 1-10. Definitions. | 8 |
| "Agency" means the Illinois Power Agency. | 9 |
| "Agency loan agreement" means any agreement pursuant to | 10 |
| which the Illinois Finance Authority agrees to loan the | 11 |
| proceeds of revenue bonds issued with respect to a project to | 12 |
| the Agency upon terms providing for loan repayment installments | 13 |
| at least sufficient to pay when due all principal of, interest | 14 |
| and premium, if any, on those revenue bonds, and providing for | 15 |
| maintenance, insurance, and other matters in respect of the | 16 |
| project. | 17 |
| "Authority" means the Illinois Finance Authority. | 18 |
| "Commission" means the Illinois Commerce Commission. | 19 |
| "Costs incurred in connection with the development and | 20 |
| construction of a facility" means: | 21 |
| (1) the cost of acquisition of all real property and | 22 |
| improvements in connection therewith and equipment and | 23 |
| other property, rights, and easements acquired that are | 24 |
| deemed necessary for the operation and maintenance of the |
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| facility; | 2 |
| (2) financing costs with respect to bonds, notes, and | 3 |
| other evidences of indebtedness of the Agency; | 4 |
| (3) all origination, commitment, utilization, | 5 |
| facility, placement, underwriting, syndication, credit | 6 |
| enhancement, and rating agency fees; | 7 |
| (4) engineering, design, procurement, consulting, | 8 |
| legal, accounting, title insurance, survey, appraisal, | 9 |
| escrow, trustee, collateral agency, interest rate hedging, | 10 |
| interest rate swap, capitalized interest and other | 11 |
| financing costs, and other expenses for professional | 12 |
| services; and | 13 |
| (5) the costs of plans, specifications, site study and | 14 |
| investigation, installation, surveys, other Agency costs | 15 |
| and estimates of costs, and other expenses necessary or | 16 |
| incidental to determining the feasibility of any project, | 17 |
| together with such other expenses as may be necessary or | 18 |
| incidental to the financing, insuring, acquisition, and | 19 |
| construction of a specific project and placing that project | 20 |
| in operation. | 21 |
| "Department" means the Department of Commerce and Economic | 22 |
| Opportunity. | 23 |
| "Director" means the Director of the Illinois Power Agency. | 24 |
| "Demand-response" means measures that decrease peak | 25 |
| electricity demand or shift demand from peak to off-peak | 26 |
| periods. |
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| "Energy efficiency" means measures that reduce the amount | 2 |
| of electricity required to achieve a given end use. | 3 |
| "Electric utility" has the same definition as found in | 4 |
| Section 16-102 of the Public Utilities Act. | 5 |
| "Facility" means an electric generating unit or a | 6 |
| co-generating unit that produces electricity along with | 7 |
| related equipment necessary to connect the facility to an | 8 |
| electric transmission or distribution system. | 9 |
| "Governmental aggregator" means one or more units of local | 10 |
| government that individually or collectively procure | 11 |
| electricity to serve residential retail electrical loads | 12 |
| located within its or their jurisdiction. | 13 |
| "Local government" means a unit of local government as | 14 |
| defined in Article VII of Section 1 of the Illinois | 15 |
| Constitution. | 16 |
| "Municipality" means a city, village, or incorporated | 17 |
| town. | 18 |
| "Person" means any natural person, firm, partnership, | 19 |
| corporation, either domestic or foreign, company, association, | 20 |
| limited liability company, joint stock company, or association | 21 |
| and includes any trustee, receiver, assignee, or personal | 22 |
| representative thereof. | 23 |
| "Project" means the planning, bidding, and construction of | 24 |
| a facility. | 25 |
| "Public utility" has the same definition as found in | 26 |
| Section 3-105 of the Public Utilities Act. |
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| "Real property" means any interest in land together with | 2 |
| all structures, fixtures, and improvements thereon, including | 3 |
| lands under water and riparian rights, any easements, | 4 |
| covenants, licenses, leases, rights-of-way, uses, and other | 5 |
| interests, together with any liens, judgments, mortgages, or | 6 |
| other claims or security interests related to real property. | 7 |
| "Renewable energy credit" means a tradable credit that | 8 |
| represents the environmental attributes of a certain amount of | 9 |
| energy produced from a renewable energy resource. | 10 |
| "Renewable energy resources" includes energy and its | 11 |
| associated renewable energy credit or renewable energy credits | 12 |
| from wind, solar thermal energy, photovoltaic cells and panels, | 13 |
| biodiesel, crops and untreated and unadulterated organic waste | 14 |
| biomass, trees and tree trimmings, hydropower that does not | 15 |
| involve new construction or significant expansion of | 16 |
| hydropower dams, and other alternative sources of | 17 |
| environmentally preferable energy. For purposes of this Act, | 18 |
| landfill gas produced in the State is considered a renewable | 19 |
| energy resource. "Renewable energy resources" does not include | 20 |
| the incineration , or burning , or heating of tires, garbage, | 21 |
| general household, institutional, and commercial waste, | 22 |
| industrial lunchroom or office waste, landscape waste other | 23 |
| than trees and tree trimmings, railroad crossties, utility | 24 |
| poles, or and construction or demolition debris, other than | 25 |
| untreated and unadulterated waste wood. | 26 |
| "Revenue bond" means any bond, note, or other evidence of |
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| indebtedness issued by the Authority, the principal and | 2 |
| interest of which is payable solely from revenues or income | 3 |
| derived from any project or activity of the Agency. | 4 |
| "Total resource cost test" or "TRC test" means a standard | 5 |
| that is met if, for an investment in energy efficiency or | 6 |
| demand-response measures, the benefit-cost ratio is greater | 7 |
| than one. The benefit-cost ratio is the ratio of the net | 8 |
| present value of the total benefits of the program to the net | 9 |
| present value of the total costs as calculated over the | 10 |
| lifetime of the measures. A total resource cost test compares | 11 |
| the sum of avoided electric utility costs, representing the | 12 |
| benefits that accrue to the system and the participant in the | 13 |
| delivery of those efficiency measures, to the sum of all | 14 |
| incremental costs of end-use measures that are implemented due | 15 |
| to the program (including both utility and participant | 16 |
| contributions), plus costs to administer, deliver, and | 17 |
| evaluate each demand-side program, to quantify the net savings | 18 |
| obtained by substituting the demand-side program for supply | 19 |
| resources. In calculating avoided costs of power and energy | 20 |
| that an electric utility would otherwise have had to acquire, | 21 |
| reasonable estimates shall be included of financial costs | 22 |
| likely to be imposed by future regulations and legislation on | 23 |
| emissions of greenhouse gases.
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| (Source: P.A. 95-481, eff. 8-28-07.)
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