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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0250eng
20 ILCS 1105/8 from Ch. 96 1/2, par. 7408
Amends the Energy Conservation and Coal Development Act.
Provides that the Illinois Coal Development Board shall have
16 members (now 13) with a quorum of 9 (now 7). Adds to the
board the Deputy Director of the Bureau of Business
Development within the Department of Commerce and Community
Affairs and 4 legislators to be appointed by the legislative
leaders to serve for the duration of that General Assembly.
Deletes the provision that places the 2 co-chairpersons of
the Citizens Council on Energy Resources on the board.
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1 AN ACT concerning the Illinois Coal Development Board.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Energy Conservation and Coal Development
5 Act is amended by changing Sections 8 and 9 as follows:
6 (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
7 Sec. 8. Illinois Coal Development Board.
8 (a) There shall be established as an advisory board to,
9 within the Department, the Illinois Coal Development Board,
10 hereinafter in this Section called the Board. The Board
11 shall be composed of the following 13 voting members
12 including: the Director of the Department, who shall be
13 Chairman thereof; the Deputy Director of the Bureau of
14 Business Development within the Department of Commerce and
15 Community Affairs; the Director of Natural Resources or that
16 Director's designee; the Director of the Office of Mines and
17 Minerals within the Department of Natural Resources; 4
18 members of the General Assembly (one each appointed by the
19 President of the Senate, the Senate Minority Leader, the
20 Speaker of the House, and the House Minority Leader) the two
21 co-chairpersons of the Citizens Council on Energy Resources,
22 created by Public Act 84-15; and 8 persons appointed by the
23 Governor, with the advice and consent of the Senate,
24 including representatives of Illinois industries that are
25 involved in the extraction, utilization or transportation of
26 Illinois coal, persons representing financial or banking
27 interests in the State, and persons experienced in
28 international business and economic development. These
29 members shall be chosen from persons of recognized ability
30 and experience in their designated field. The 8 appointed
31 members appointed by the Governor shall serve for terms of 4
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1 years, unless otherwise provided in this subsection. The
2 initial terms of the original appointees shall expire on July
3 1, 1985, except that the Governor shall designate 3 of the
4 original appointees to serve initial terms that shall expire
5 on July 1, 1983. The initial term of the member appointed by
6 the Governor to fill the office created after July 1, 1985
7 shall expire on July 1, 1989. The initial terms of the
8 members appointed by the Governor to fill the offices created
9 by this amendatory Act of 1993 shall expire on July 1, 1995,
10 and July 1, 1997, as determined by the Governor. A member
11 appointed by a Legislative Leader shall serve for the
12 duration of the General Assembly for which he or she is
13 appointed, so long as the member remains a member of that
14 General Assembly.
15 The Board shall meet at least annually or at the call of
16 the Chairman. At any time the majority of the Board may
17 petition the Chairman for a meeting of the Board. Nine Seven
18 members of the Board shall constitute a quorum. Members of
19 the Board shall be reimbursed for actual and necessary
20 expenses incurred while performing their duties as members of
21 the Board from funds appropriated to the Department for such
22 purpose.
23 (b) The Board shall provide advice and make
24 recommendations on have the following Department powers and
25 duties:
26 (1) To develop an annual agenda which may include
27 but is not limited to research and methodologies
28 conducted for the purpose of increasing the utilization
29 of Illinois' coal and other fossil fuel resources, with
30 emphasis on high sulfur coal, in the following areas:
31 coal extraction, preparation and characterization; coal
32 technologies (combustion, gasification, liquefaction, and
33 related processes); marketing; public awareness and
34 education, as those terms are used in the Illinois Coal
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1 Technology Development Assistance Act; transportation;
2 procurement of sites and issuance of permits; and
3 environmental impacts.
4 (2) To support and coordinate Illinois coal
5 research, and to approve projects consistent with the
6 annual agenda and budget for coal research and the
7 purposes of this Act and to. The Board shall review and,
8 if acceptable, approve the annual budget and operating
9 plan submitted by the Department for administration of
10 the Board Board's projects and funds.
11 (3) To promote the coordination of available
12 research information on the production, preparation,
13 distribution and uses of Illinois coal. The Board shall
14 advise the existing research institutions within the
15 State on areas where research may be necessary.
16 (4) To cooperate to the fullest extent possible
17 with State and federal agencies and departments,
18 independent organizations, and other interested groups,
19 public and private, for the purposes of promoting
20 Illinois coal resources.
21 (5) To submit an annual report to the Governor and
22 the General Assembly outlining the progress and
23 accomplishments made in the year, providing an accounting
24 of funds received and disbursed, reviewing the status of
25 research contracts, and furnishing other relevant
26 information.
27 (6) To focus on existing coal research efforts in
28 carrying out its mission;. The Board shall attempt to
29 make use of existing research facilities in Illinois or
30 other institutions carrying out research on Illinois
31 coal;. as far as practicable, to the Board shall make
32 maximum use of the research facilities available at the
33 Illinois State Geological Survey, the Coal Extraction and
34 Utilization Research Center, the Illinois Coal
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1 Development Park and universities and colleges located
2 within the State of Illinois; and to. Subject to the
3 approval of the Department, and in conjunction with its
4 statutory responsibilities, the Board may create a
5 consortium or center which conducts, coordinates and
6 supports coal research activities in the State of
7 Illinois. Programmatic activities of such a consortium
8 or center shall be subject to approval by the Department
9 Board and shall be consistent with the purposes of this
10 Act. The Department Board may authorize expenditure of
11 funds in support of the administrative and programmatic
12 operations of such a center or consortium consistent with
13 its statutory authority. Administrative actions
14 undertaken by or for such a center or consortium shall be
15 subject to the approval of the Department.
16 (7) To make a reasonable attempt, before initiating
17 any research under this Act, to avoid duplication of
18 effort and expense by coordinating the research efforts
19 among various agencies, departments, universities or
20 organizations, as the case may be.
21 (8) To adopt, amend and repeal rules, regulations
22 and bylaws governing the Board's its organization and,
23 the conduct of business, and the exercise of its powers
24 and duties.
25 (9) To authorize the expenditure of monies from the
26 Coal Technology Development Assistance Fund, the Public
27 Utility Fund and other funds in the State Treasury
28 appropriated to the Department, consistent with the
29 purposes of this Act.
30 (10) To seek, accept, and expend gifts or grants in
31 any form, from any public agency or from any other
32 source. Such gifts and grants may be held in trust by
33 the Department and expended at the direction of the
34 Department Board and in the exercise of the Department's
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1 Board's powers and performance of the Department's
2 Board's duties.
3 (11) To publish, from time to time, the results of
4 Illinois coal research projects funded through the
5 Department Board.
6 (12) To authorize loans from appropriations from
7 the Build Illinois Bond Purposes Fund, the Build Illinois
8 Bond Fund and the Illinois Industrial Coal Utilization
9 Fund.
10 (13) To authorize expenditures of monies for coal
11 development projects under the authority of Section 13 of
12 the General Obligation Bond Act.
13 (c) The Board shall also provide advice and make
14 recommendations on have and exercise the following Department
15 powers and duties:
16 (1) To create and maintain thorough, current and
17 accurate records on all markets for and actual uses of
18 coal mined in Illinois, and to make such records
19 available to the public upon request.
20 (2) To identify all current and anticipated future
21 technical, economic, institutional, market,
22 environmental, regulatory and other impediments to the
23 utilization of Illinois coal.
24 (3) To monitor and evaluate all proposals and plans
25 of public utilities related to compliance with the
26 requirements of Title IV of the federal Clean Air Act
27 Amendments of 1990, or with any other law which might
28 affect the use of Illinois coal, for the purposes of (i)
29 determining the effects of such proposals or plans on the
30 use of Illinois coal, and (ii) identifying alternative
31 plans or actions which would maintain or increase the use
32 of Illinois coal.
33 (4) To develop strategies and to propose policies
34 to promote environmentally responsible uses of Illinois
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1 coal for meeting electric power supply requirements and
2 for other purposes.
3 (5) (Blank). To issue a report to the Governor and
4 the General Assembly by October 1, 1991, and by March 1
5 of each year thereafter, describing all findings,
6 conclusions and recommendations required by and developed
7 pursuant to this subsection; provided, however, that
8 interim reports may be issued whenever in the opinion of
9 the Board there may be a need to do so.
10 (Source: P.A. 88-391; 89-445, eff. 2-7-96.)
11 (20 ILCS 1105/9) (from Ch. 96 1/2, par. 7409)
12 Sec. 9. The Illinois Industrial Coal Utilization
13 Program. The Department shall administer the Illinois
14 Industrial Coal Utilization Program, referred to as the
15 "program". The purpose of the program is to increase the
16 environmentally sound use of Illinois coal by qualified
17 applicants. To that end, the Department, with the assistance
18 of the Board, shall operate a revolving loan program to
19 partially finance new coal burning facilities sited in
20 Illinois or conversion of existing boilers located in
21 Illinois to coal use, referred to as "industrial coal
22 projects".
23 The Department, with the advice and recommendation
24 subject to the approval of the Illinois Coal Development
25 Board, shall make below market rate loans available to fund a
26 portion of each qualifying industrial coal project. The
27 applicant must demonstrate that it is able to obtain
28 additional financing from other sources to fund the remainder
29 of the project and that the project would not occur without
30 the Department's participation. The Board and The Department
31 may, in part, rely on the financial evaluation completed by
32 the provider of the additional funding, as well as its own
33 evaluation.
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1 The Department shall have the following powers:
2 (1) To accept grants, loans, or appropriations from the
3 federal government or the State, or any agency or
4 instrumentality of either, to be used for any purposes of the
5 program, including operating and administrative expenses
6 associated with the program and the making of direct loans of
7 those funds with respect to projects. The Department may
8 enter into any agreement with the federal government or the
9 State, or any agency or instrumentality of either, in
10 connection with those grants, loans, or appropriations.
11 (2) To make loans from appropriations from the Build
12 Illinois Purposes Fund or the Build Illinois Bond Fund and to
13 accept guarantees from individuals, partnerships, joint
14 ventures, corporations, and governmental agencies. Any loan
15 or series of loans shall be limited to an amount not to
16 exceed the lesser of $4,000,000 or 60% of the total project
17 cost.
18 (3) To establish interest rates, terms of repayment, and
19 other terms and conditions regarding loans made under this
20 Act as the Department shall determine necessary or
21 appropriate to protect the public interest and carry out the
22 purposes of this Act.
23 (4) To receive, evaluate, and establish time schedules
24 for the determination of, and determine applications for
25 financial aid for the development, construction, acquisition,
26 or improvement of, an industrial coal project from any
27 qualifying applicant and negotiate terms and conditions on
28 which the coal project may be developed, constructed,
29 improved, owned, or used by or leased to the applicant or its
30 successor in interest. The Department shall prescribe the
31 form of application. The form shall contain, without being
32 limited to, the following:
33 (i) a general description of the industrial coal
34 project and of the developer, user, or tenant for which
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1 the industrial project is to be established;
2 (ii) plans, equipment lists, and other documents
3 that may be required to show the type, structure, and
4 general character of the project;
5 (iii) a general description of the expected use of
6 Illinois coal resulting from the project;
7 (iv) cost estimates of developing, constructing,
8 acquiring, or improving the industrial project;
9 (v) a general description of the financing plan for
10 the industrial coal project; and
11 (vi) a general description and statement of value
12 of any property and its improvements provided or to be
13 provided for the project by other sources.
14 Nothing in this Section shall be deemed to preclude the
15 Department, before the filing of any formal application, from
16 conducting preliminary discussions and investigations with
17 respect to the subject matter of any prospective
18 applications.
19 (Source: P.A. 87-14.)
20 Section 10. The General Obligation Bond Act is amended
21 by changing Section 13 as follows:
22 (30 ILCS 330/13) (from Ch. 127, par. 663)
23 Sec. 13. Appropriation of Proceeds from Sale of Bonds.
24 (a) At all times, the proceeds from the sale of Bonds
25 issued pursuant to this Act are subject to appropriation by
26 the General Assembly and may be obligated or expended only
27 with the written approval of the Governor, in such amounts,
28 at such times, and for such purposes as the respective State
29 agencies, as defined in Section 1-7 of the Illinois State
30 Auditing Act, as amended, deem necessary or desirable for the
31 specific purposes contemplated in Sections 2 through 8 of
32 this Act.
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1 (b) Proceeds from the sale of Bonds for the purpose of
2 development of coal and alternative forms of energy shall be
3 expended in such amounts and at such times as the Department
4 of Commerce and Community Affairs, with the advice and
5 recommendation the approval of the Illinois Coal Development
6 Board for coal development projects, may deem necessary and
7 desirable for the specific purpose contemplated by Section 7
8 of this Act. In considering the approval of projects to be
9 funded, the Department of Commerce and Community Affairs and
10 the Illinois Coal Development Board, shall give special
11 consideration to projects designed to remove sulfur and other
12 pollutants in the preparation and utilization of coal, and in
13 the use and operation of electric utility generating plants
14 and industrial facilities which utilize Illinois coal as
15 their primary source of fuel.
16 (c) Any monies received by any officer or employee of
17 the state representing a reimbursement of expenditures
18 previously paid from general obligation bond proceeds shall
19 be deposited into the General Obligation Bond Retirement and
20 Interest Fund authorized in Section 14 of this Act.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 Section 15. The Illinois Coal Technology Development
23 Assistance Act is amended by changing Sections 4 and 6 as
24 follows:
25 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
26 Sec. 4. Expenditures from Coal Technology Development
27 Assistance Fund.
28 (a) The contents of the Coal Technology Development
29 Assistance Fund may be expended, subject to appropriation by
30 the General Assembly, in such amounts and at such times as
31 the Department, with the advice and recommendation approval
32 of the Board, may deem necessary or desirable for the
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1 purposes of this Act.
2 (b) The Department shall develop a written plan
3 containing measurable 3-year and 10-year goals and objectives
4 in regard to the funding of coal research and coal
5 demonstration and commercialization projects, and programs
6 designed to preserve and enhance markets for Illinois coal.
7 In developing these goals and objectives, the Department
8 shall consider and determine the appropriate balance for the
9 achievement of near-term and long-term goals and objectives
10 and of ensuring the timely commercial application of
11 cost-effective technologies or energy and chemical production
12 processes or systems utilizing coal. The Department shall
13 develop the initial goals and objectives no later than
14 December 1, 1993, and develop revised goals and objectives no
15 later than July 1 annually thereafter.
16 (c) In addition to any other permitted use of moneys in
17 the Fund, and notwithstanding any restriction on the use of
18 the Fund, moneys in the Coal Technology Development
19 Assistance Fund may be transferred to the General Revenue
20 Fund as authorized by this amendatory Act of 1992. The
21 General Assembly finds that an excess of moneys exists in the
22 Fund. On February 1, 1992, the Comptroller shall order
23 transferred and the Treasurer shall transfer $500,000 (or
24 such lesser amount as may be on deposit in the Fund and
25 unexpended and unobligated on that date) from the Fund to the
26 General Revenue Fund.
27 (Source: P.A. 88-391; 89-499, eff. 6-28-96.)
28 (30 ILCS 730/6) (from Ch. 96 1/2, par. 8206)
29 Sec. 6. Coal demonstration and commercialization
30 project. No expenditure from the Fund may be made for any
31 coal demonstration and commercialization project until it has
32 been approved by the Department with the advice and
33 recommendation of the Board.
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1 A specific proposal shall be deemed approved if the Board
2 fails to act on it within the 45-day period.
3 All coal research projects shall be submitted to the
4 Department, with the advice and recommendation of the
5 Illinois Coal Development Board, for approval as provided in
6 Section 8 of the Energy Conservation and Coal Development Act
7 "An Act in relation to natural resources, research, data
8 collection and environmental studies", approved July 14,
9 1978, as amended.
10 (Source: P.A. 84-1070.)