| ||||
Public Act 098-0090 | ||||
| ||||
| ||||
AN ACT concerning finance.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Finance Authority Act is amended by | ||||
changing Sections 801-10, 801-55, 825-12, 825-65, 825-95, | ||||
825-110, 830-10, and 830-15 as follows:
| ||||
(20 ILCS 3501/801-10)
| ||||
Sec. 801-10. Definitions. The following terms, whenever | ||||
used or referred
to
in this Act, shall have the following | ||||
meanings, except in such instances where
the context may | ||||
clearly indicate otherwise:
| ||||
(a) The term "Authority" means the Illinois Finance | ||||
Authority created by
this Act.
| ||||
(b) The term "project" means an industrial project, | ||||
conservation project, housing project, public
purpose project, | ||||
higher education project, health facility project, cultural
| ||||
institution project, municipal bond program project, | ||||
agricultural facility or agribusiness, and "project" may
| ||||
include any combination of one or more of the foregoing | ||||
undertaken jointly by
any person with one or more other | ||||
persons.
| ||||
(c) The term "public purpose project" means any project or | ||||
facility
including
without limitation land, buildings, |
structures, machinery, equipment and all
other real and | ||
personal property, which is authorized or required by law to be
| ||
acquired, constructed, improved, rehabilitated, reconstructed, | ||
replaced or
maintained by any unit of government or any other | ||
lawful public purpose which
is authorized or required by law to | ||
be undertaken by any unit of government.
| ||
(d) The term "industrial project" means the acquisition, | ||
construction,
refurbishment, creation, development or | ||
redevelopment of any facility,
equipment, machinery, real | ||
property or personal property for use by any
instrumentality of | ||
the State or its political subdivisions, for use by any
person | ||
or institution, public or private, for profit or not for | ||
profit, or for
use in any trade or business including, but not | ||
limited to, any industrial,
manufacturing or commercial | ||
enterprise that is located within or outside the State, | ||
provided that, with respect to a project involving property | ||
located outside the State, the property must be owned, | ||
operated, leased or managed by an entity located within the | ||
State or an entity affiliated with an entity located within the | ||
State, and which is (1) a capital project
including but not | ||
limited to: (i) land and any rights therein, one or more
| ||
buildings, structures or other improvements, machinery and | ||
equipment, whether
now existing or hereafter acquired, and | ||
whether or not located on the same site
or sites; (ii) all | ||
appurtenances and facilities incidental to the foregoing,
| ||
including, but not limited to utilities, access roads, railroad |
sidings, track,
docking and similar facilities, parking | ||
facilities, dockage, wharfage, railroad
roadbed, track, | ||
trestle, depot, terminal, switching and signaling or related
| ||
equipment, site preparation and landscaping; and (iii) all | ||
non-capital costs
and expenses relating thereto or (2) any | ||
addition to, renovation,
rehabilitation or
improvement of a | ||
capital project or (3) any activity or undertaking within or | ||
outside the State, provided that, with respect to a project | ||
involving property located outside the State, the property must | ||
be owned, operated, leased or managed by an entity located | ||
within the State or an entity affiliated with an entity located | ||
within the State, which the
Authority determines will aid, | ||
assist or encourage economic growth, development
or | ||
redevelopment within the State or any area thereof, will | ||
promote the
expansion, retention or diversification of | ||
employment opportunities within the
State or any area thereof | ||
or will aid in stabilizing or developing any industry
or | ||
economic sector of the State economy. The term "industrial | ||
project" also
means the production of motion pictures.
| ||
(e) The term "bond" or "bonds" shall include bonds, notes | ||
(including bond,
grant or revenue anticipation notes), | ||
certificates and/or other evidences of
indebtedness | ||
representing an obligation to pay money, including refunding
| ||
bonds.
| ||
(f) The terms "lease agreement" and "loan agreement" shall | ||
mean: (i) an
agreement whereby a project acquired by the |
Authority by purchase, gift or
lease
is leased to any person, | ||
corporation or unit of local government which will use
or cause | ||
the project to be used as a project as heretofore defined upon | ||
terms
providing for lease rental payments at least sufficient | ||
to pay when due all
principal of, interest and premium, if any, | ||
on any bonds of the Authority
issued
with respect to such | ||
project, providing for the maintenance, insuring and
operation | ||
of the project on terms satisfactory to the Authority, | ||
providing for
disposition of the project upon termination of | ||
the lease term, including
purchase options or abandonment of | ||
the premises, and such other terms as may be
deemed desirable | ||
by the Authority, or (ii) any agreement pursuant to which the
| ||
Authority agrees to loan the proceeds of its bonds issued with | ||
respect to a
project or other funds of the Authority to any | ||
person which will use or cause
the project to be used as a | ||
project as heretofore defined upon terms providing
for loan | ||
repayment installments at least sufficient to pay when due all
| ||
principal of, interest and premium, if any, on any bonds of the | ||
Authority, if
any, issued with respect to the project, and | ||
providing for maintenance,
insurance and other matters as may | ||
be deemed desirable by the Authority.
| ||
(g) The term "financial aid" means the expenditure of | ||
Authority funds or
funds provided by the Authority through the | ||
issuance of its bonds, notes or
other
evidences of indebtedness | ||
or from other sources for the development,
construction, | ||
acquisition or improvement of a project.
|
(h) The term "person" means an individual, corporation, | ||
unit of government,
business trust, estate, trust, partnership | ||
or association, 2 or more persons
having a joint or common | ||
interest, or any other legal entity.
| ||
(i) The term "unit of government" means the federal | ||
government, the State or
unit of local government, a school | ||
district, or any agency or instrumentality,
office, officer, | ||
department, division, bureau, commission, college or
| ||
university thereof.
| ||
(j) The term "health facility" means: (a) any public or | ||
private institution,
place, building, or agency required to be | ||
licensed under the Hospital Licensing
Act; (b) any public or | ||
private institution, place, building, or agency required
to be | ||
licensed under the Nursing Home Care Act, the Specialized | ||
Mental Health Rehabilitation Act, or the ID/DD Community Care | ||
Act; (c)
any public or licensed private hospital as defined in | ||
the Mental Health and
Developmental Disabilities Code; (d) any | ||
such facility exempted from such
licensure when the Director of | ||
Public Health attests that such exempted
facility
meets the | ||
statutory definition of a facility subject to licensure; (e) | ||
any
other
public or private health service institution, place, | ||
building, or agency which
the Director of Public Health attests | ||
is subject to certification by the
Secretary, U.S. Department | ||
of Health and Human Services under the Social
Security Act, as | ||
now or hereafter amended, or which the Director of Public
| ||
Health attests is subject to standard-setting by a recognized |
public or
voluntary accrediting or standard-setting agency; | ||
(f) any public or private
institution, place, building or | ||
agency engaged in providing one or more
supporting services to | ||
a health facility; (g) any public or private
institution,
| ||
place, building or agency engaged in providing training in the | ||
healing arts,
including but not limited to schools of medicine, | ||
dentistry, osteopathy,
optometry, podiatry, pharmacy or | ||
nursing, schools for the training of x-ray,
laboratory or other | ||
health care technicians and schools for the training of
| ||
para-professionals in the health care field; (h) any public or | ||
private
congregate, life or extended care or elderly housing | ||
facility or any public or
private home for the aged or infirm, | ||
including, without limitation, any
Facility as defined in the | ||
Life Care Facilities Act; (i) any public or private
mental, | ||
emotional or physical rehabilitation facility or any public or | ||
private
educational, counseling, or rehabilitation facility or | ||
home, for those persons
with a developmental disability, those | ||
who are physically ill or disabled, the
emotionally disturbed, | ||
those persons with a mental illness or persons with
learning or | ||
similar disabilities or problems; (j) any public or private
| ||
alcohol, drug or substance abuse diagnosis, counseling | ||
treatment or
rehabilitation
facility, (k) any public or private | ||
institution, place, building or agency
licensed by the | ||
Department of Children and Family Services or which is not so
| ||
licensed but which the Director of Children and Family Services | ||
attests
provides child care, child welfare or other services of |
the type provided by
facilities
subject to such licensure; (l) | ||
any public or private adoption agency or
facility; and (m) any | ||
public or private blood bank or blood center. "Health
facility" | ||
also means a public or private structure or structures suitable
| ||
primarily for use as a laboratory, laundry, nurses or interns | ||
residence or
other housing or hotel facility used in whole or | ||
in part for staff, employees
or
students and their families, | ||
patients or relatives of patients admitted for
treatment or | ||
care in a health facility, or persons conducting business with | ||
a
health facility, physician's facility, surgicenter, | ||
administration building,
research facility, maintenance, | ||
storage or utility facility and all structures
or facilities | ||
related to any of the foregoing or required or useful for the
| ||
operation of a health facility, including parking or other | ||
facilities or other
supporting service structures required or | ||
useful for the orderly conduct of
such health facility. "Health | ||
facility" also means, with respect to a project located outside | ||
the State, any public or private institution, place, building, | ||
or agency which provides services similar to those described | ||
above, provided that such project is owned, operated, leased or | ||
managed by a participating health institution located within | ||
the State, or a participating health institution affiliated | ||
with an entity located within the State.
| ||
(k) The term "participating health institution" means (i) a | ||
private corporation
or association or (ii) a public entity of | ||
this State, in either case authorized by the laws of this
State |
or the applicable state to provide or operate a health facility | ||
as defined in this Act and which,
pursuant to the provisions of | ||
this Act, undertakes the financing, construction
or | ||
acquisition of a project or undertakes the refunding or | ||
refinancing of
obligations, loans, indebtedness or advances as | ||
provided in this Act.
| ||
(l) The term "health facility project", means a specific | ||
health facility
work
or improvement to be financed or | ||
refinanced (including without limitation
through reimbursement | ||
of prior expenditures), acquired, constructed, enlarged,
| ||
remodeled, renovated, improved, furnished, or equipped, with | ||
funds provided in
whole or in part hereunder, any accounts | ||
receivable, working capital, liability
or insurance cost or | ||
operating expense financing or refinancing program of a
health | ||
facility with or involving funds provided in whole or in part | ||
hereunder,
or any combination thereof.
| ||
(m) The term "bond resolution" means the resolution or | ||
resolutions
authorizing the issuance of, or providing terms and | ||
conditions related to,
bonds issued
under this Act and | ||
includes, where appropriate, any trust agreement, trust
| ||
indenture, indenture of mortgage or deed of trust providing | ||
terms and
conditions for such bonds.
| ||
(n) The term "property" means any real, personal or mixed | ||
property, whether
tangible or intangible, or any interest | ||
therein, including, without limitation,
any real estate, | ||
leasehold interests, appurtenances, buildings, easements,
|
equipment, furnishings, furniture, improvements, machinery, | ||
rights of way,
structures, accounts, contract rights or any | ||
interest therein.
| ||
(o) The term "revenues" means, with respect to any project, | ||
the rents, fees,
charges, interest, principal repayments, | ||
collections and other income or profit
derived therefrom.
| ||
(p) The term "higher education project" means, in the case | ||
of a private
institution of higher education, an educational | ||
facility to be acquired,
constructed, enlarged, remodeled, | ||
renovated, improved, furnished, or equipped,
or any | ||
combination thereof.
| ||
(q) The term "cultural institution project" means, in the | ||
case of a cultural
institution, a cultural facility to be | ||
acquired, constructed, enlarged,
remodeled, renovated, | ||
improved, furnished, or equipped, or any combination
thereof.
| ||
(r) The term "educational facility" means any property | ||
located within the
State, or any property located outside the | ||
State, provided that, if the property is located outside the | ||
State, it must be owned, operated, leased or managed by an | ||
entity located within the State or an entity affiliated with an | ||
entity located within the State, in each case
constructed or | ||
acquired before or after the effective date of this Act, which
| ||
is
or will be, in whole or in part, suitable for the | ||
instruction, feeding,
recreation or housing of students, the | ||
conducting of research or other work of
a
private institution | ||
of higher education, the use by a private institution of
higher |
education in connection with any educational, research or | ||
related or
incidental activities then being or to be conducted | ||
by it, or any combination
of the foregoing, including, without | ||
limitation, any such property suitable for
use as or in | ||
connection with any one or more of the following: an academic
| ||
facility, administrative facility, agricultural facility, | ||
assembly hall,
athletic facility, auditorium, boating | ||
facility, campus, communication
facility,
computer facility, | ||
continuing education facility, classroom, dining hall,
| ||
dormitory, exhibition hall, fire fighting facility, fire | ||
prevention facility,
food service and preparation facility, | ||
gymnasium, greenhouse, health care
facility, hospital, | ||
housing, instructional facility, laboratory, library,
| ||
maintenance facility, medical facility, museum, offices, | ||
parking area,
physical education facility, recreational | ||
facility, research facility, stadium,
storage facility, | ||
student union, study facility, theatre or utility.
| ||
(s) The term "cultural facility" means any property located | ||
within the State, or any property located outside the State, | ||
provided that, if the property is located outside the State, it | ||
must be owned, operated, leased or managed by an entity located | ||
within the State or an entity affiliated with an entity located | ||
within the State, in each case
constructed or acquired before | ||
or after the effective date of this Act, which
is or will be, | ||
in whole or in part, suitable for the particular purposes or
| ||
needs
of a cultural institution, including, without |
limitation, any such property
suitable for use as or in | ||
connection with any one or more of the following: an
| ||
administrative facility, aquarium, assembly hall, auditorium, | ||
botanical garden,
exhibition hall, gallery, greenhouse, | ||
library, museum, scientific laboratory,
theater or zoological | ||
facility, and shall also include, without limitation,
books, | ||
works of art or music, animal, plant or aquatic life or other | ||
items for
display, exhibition or performance. The term | ||
"cultural facility" includes
buildings on the National | ||
Register of Historic Places which are owned or
operated by | ||
nonprofit entities.
| ||
(t) "Private institution of higher education" means a | ||
not-for-profit
educational institution which is not owned by | ||
the State or any political
subdivision, agency, | ||
instrumentality, district or municipality thereof, which
is
| ||
authorized by law to provide a program of education beyond the | ||
high school
level
and which:
| ||
(1) Admits as regular students only individuals having | ||
a
certificate of graduation from a high school, or the | ||
recognized equivalent of
such a certificate;
| ||
(2) Provides an educational program for which it awards | ||
a
bachelor's degree, or provides an educational program, | ||
admission into which is
conditioned upon the prior | ||
attainment of a bachelor's degree or its equivalent,
for | ||
which it awards a postgraduate degree, or provides not less | ||
than a 2-year
program which is acceptable for full credit |
toward such a degree, or offers a
2-year program in | ||
engineering, mathematics, or the physical or biological
| ||
sciences
which is designed to prepare the student to work | ||
as a technician and at a
semiprofessional level in | ||
engineering, scientific, or other technological
fields
| ||
which require the understanding and application of basic | ||
engineering,
scientific, or mathematical principles or | ||
knowledge;
| ||
(3) Is accredited by a nationally recognized | ||
accrediting agency or
association or, if not so accredited, | ||
is an institution whose credits are
accepted, on transfer, | ||
by not less than 3 institutions which are so accredited,
| ||
for credit on the same basis as if transferred from an | ||
institution so
accredited, and holds an unrevoked | ||
certificate of approval under the Private
College Act from | ||
the Board of Higher Education, or is qualified as a
"degree | ||
granting institution" under the Academic Degree Act; and
| ||
(4) Does not discriminate in the admission of students | ||
on the basis
of race or color.
"Private institution of | ||
higher education" also includes any "academic
| ||
institution".
| ||
(u) The term "academic institution" means any | ||
not-for-profit institution
which
is not owned by the State or | ||
any political subdivision, agency,
instrumentality,
district | ||
or municipality thereof, which institution engages in, or | ||
facilitates
academic, scientific, educational or professional |
research or learning in a
field or fields of study taught at a | ||
private institution of higher education.
Academic institutions | ||
include, without limitation, libraries, archives,
academic, | ||
scientific, educational or professional societies, | ||
institutions,
associations or foundations having such | ||
purposes.
| ||
(v) The term "cultural institution" means any | ||
not-for-profit institution
which
is not owned by the State or | ||
any political subdivision, agency,
instrumentality,
district | ||
or municipality thereof, which institution engages in the | ||
cultural,
intellectual, scientific, educational or artistic | ||
enrichment of the people of
the State. Cultural institutions | ||
include, without limitation, aquaria,
botanical societies, | ||
historical societies, libraries, museums, performing arts
| ||
associations or societies, scientific societies and zoological | ||
societies.
| ||
(w) The term "affiliate" means, with respect to financing | ||
of an agricultural
facility or an agribusiness, any lender, any | ||
person, firm or corporation
controlled by, or under common | ||
control with, such lender, and any person, firm
or corporation | ||
controlling such lender.
| ||
(x) The term "agricultural facility" means land, any | ||
building or other
improvement thereon or thereto, and any | ||
personal properties deemed necessary or
suitable for use, | ||
whether or not now in existence, in farming, ranching, the
| ||
production of agricultural commodities (including, without |
limitation, the
products of aquaculture, hydroponics and | ||
silviculture) or the treating,
processing or storing of such | ||
agricultural commodities when such activities are
customarily | ||
engaged in by farmers as a part of farming and which land, | ||
building, improvement or personal property is located within | ||
the State, or is located outside the State, provided, that if | ||
such property is located outside the State, it must be owned, | ||
operated, leased, or managed by an entity located within the | ||
State or an entity affiliated with an entity located within the | ||
State .
| ||
(y) The term "lender" with respect to financing of an | ||
agricultural facility
or an agribusiness, means any federal or | ||
State chartered bank, Federal Land
Bank,
Production Credit | ||
Association, Bank for Cooperatives, federal or State
chartered | ||
savings and loan association or building and loan association, | ||
Small
Business
Investment Company or any other institution | ||
qualified within this State to
originate and service loans, | ||
including, but without limitation to, insurance
companies, | ||
credit unions and mortgage loan companies. "Lender" also means | ||
a
wholly owned subsidiary of a manufacturer, seller or | ||
distributor of goods or
services that makes loans to businesses | ||
or individuals, commonly known as a
"captive finance company".
| ||
(z) The term "agribusiness" means any sole proprietorship, | ||
limited
partnership, co-partnership, joint venture, | ||
corporation or cooperative which
operates or will operate a | ||
facility located within the State or outside the State, |
provided, that if any facility is located outside the State, it | ||
must be owned, operated, leased, or managed by an entity | ||
located within the State or an entity affiliated with an entity | ||
located within the State, of Illinois that
is related to the
| ||
processing of agricultural commodities (including, without | ||
limitation, the
products of aquaculture, hydroponics and | ||
silviculture) or the manufacturing,
production or construction | ||
of agricultural buildings, structures, equipment,
implements, | ||
and supplies, or any other facilities or processes used in
| ||
agricultural production. Agribusiness includes but is not | ||
limited to the
following:
| ||
(1) grain handling and processing, including grain | ||
storage,
drying, treatment, conditioning, mailing and | ||
packaging;
| ||
(2) seed and feed grain development and processing;
| ||
(3) fruit and vegetable processing, including | ||
preparation, canning
and packaging;
| ||
(4) processing of livestock and livestock products, | ||
dairy products,
poultry and poultry products, fish or | ||
apiarian products, including slaughter,
shearing, | ||
collecting, preparation, canning and packaging;
| ||
(5) fertilizer and agricultural chemical | ||
manufacturing,
processing, application and supplying;
| ||
(6) farm machinery, equipment and implement | ||
manufacturing and
supplying;
| ||
(7) manufacturing and supplying of agricultural |
commodity
processing machinery and equipment, including | ||
machinery and equipment used in
slaughter, treatment, | ||
handling, collecting, preparation, canning or packaging
of | ||
agricultural commodities;
| ||
(8) farm building and farm structure manufacturing, | ||
construction
and supplying;
| ||
(9) construction, manufacturing, implementation, | ||
supplying or
servicing of irrigation, drainage and soil and | ||
water conservation devices or
equipment;
| ||
(10) fuel processing and development facilities that | ||
produce fuel
from agricultural commodities or byproducts;
| ||
(11) facilities and equipment for processing and | ||
packaging
agricultural commodities specifically for | ||
export;
| ||
(12) facilities and equipment for forestry product | ||
processing and
supplying, including sawmilling operations, | ||
wood chip operations, timber
harvesting operations, and | ||
manufacturing of prefabricated buildings, paper,
furniture | ||
or other goods from forestry products;
| ||
(13) facilities and equipment for research and | ||
development of
products, processes and equipment for the | ||
production, processing, preparation
or packaging of | ||
agricultural commodities and byproducts.
| ||
(aa) The term "asset" with respect to financing of any | ||
agricultural facility
or
any agribusiness, means, but is not | ||
limited to the following: cash crops or
feed on hand; livestock |
held for sale; breeding stock; marketable bonds and
securities; | ||
securities not readily marketable; accounts receivable; notes
| ||
receivable; cash invested in growing crops; net cash value of | ||
life insurance;
machinery and equipment; cars and trucks; farm | ||
and other real estate including
life estates and personal | ||
residence; value of beneficial interests in trusts;
government | ||
payments or grants; and any other assets.
| ||
(bb) The term "liability" with respect to financing of any | ||
agricultural
facility or any agribusiness shall include, but | ||
not be limited to the
following:
accounts payable; notes or | ||
other indebtedness owed to any source; taxes; rent;
amounts | ||
owed on real estate contracts or real estate mortgages; | ||
judgments;
accrued interest payable; and any other liability.
| ||
(cc) The term "Predecessor Authorities" means those | ||
authorities as described
in Section 845-75.
| ||
(dd) The term "housing project" means a specific work or | ||
improvement located within the State or outside the State and
| ||
undertaken
to provide residential dwelling accommodations, | ||
including the acquisition,
construction or rehabilitation of | ||
lands, buildings and community facilities and
in connection | ||
therewith to provide nonhousing facilities which are part of | ||
the
housing project, including land, buildings, improvements, | ||
equipment and all
ancillary facilities for use for offices, | ||
stores, retirement homes, hotels,
financial institutions, | ||
service, health care, education, recreation or research
| ||
establishments, or any other commercial purpose which are or |
are to be related
to a housing development , provided that any | ||
work or improvement located outside the State is owned, | ||
operated, leased or managed by an entity located within the | ||
State, or any entity affiliated with an entity located within | ||
the State . | ||
(ee) The term "conservation project" means any project | ||
including the acquisition, construction, rehabilitation, | ||
maintenance, operation, or upgrade that is intended to create | ||
or expand open space or to reduce energy usage through | ||
efficiency measures. For the purpose of this definition, "open | ||
space" has the definition set forth under Section 10 of the | ||
Illinois Open Land Trust Act.
| ||
(ff) The term "significant presence" means the existence | ||
within the State of the national or regional headquarters of an | ||
entity or group or such other facility of an entity or group of | ||
entities where a significant amount of the business functions | ||
are performed for such entity or group of entities. | ||
(gg) The term "municipal bond issuer" means the State or | ||
any other state or commonwealth of the United States, or any | ||
unit of local government, school district, agency or | ||
instrumentality, office, department, division, bureau, | ||
commission, college or university thereof located in the State | ||
or any other state or commonwealth of the United States. | ||
(hh) The term "municipal bond program project" means a | ||
program for the funding of the purchase of bonds, notes or | ||
other obligations issued by or on behalf of a municipal bond |
issuer. | ||
(Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10; | ||
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. | ||
7-13-12.)
| ||
(20 ILCS 3501/801-55)
| ||
Sec. 801-55. Required findings for projects located | ||
outside the State. The Authority may approve an application to | ||
finance or refinance a project located outside of the State | ||
other than a municipal bond program project only after it has | ||
made the following findings with respect to such financing or | ||
refinancing, all of which shall be deemed conclusive: | ||
(a) the entity financing or refinancing a project | ||
located outside the State, or an affiliate thereof, is also | ||
engaged in the financing or refinancing of a project | ||
located within the State or, alternately, the entity | ||
seeking the financing or refinancing, or an affiliate | ||
thereof, maintains a significant presence within the | ||
State; | ||
(b) financing or refinancing the out-of-state project | ||
would promote the economy of the State for the benefit of | ||
the health, welfare, safety, trade, commerce, industry and | ||
economy of the people of the State by creating employment | ||
opportunities in the State or lowering the cost of | ||
accessing housing, healthcare, private education, or | ||
cultural institutions or undertaking industrial projects, |
housing projects, higher education projects, health | ||
facility projects, cultural institution projects, | ||
conservation projects, energy efficiency projects, | ||
agricultural facilities or agribusiness in the State by | ||
reducing the cost of financing , refinancing or operating | ||
projects; and | ||
(c) after giving effect to the financing or refinancing | ||
of the out-of-state project, the Authority shall have the | ||
ability to issue at least an additional $1,000,000,000 of | ||
bonds under Section 845-5(a) of this Act. | ||
The Authority may approve an application to finance or | ||
refinance a municipal bond program project located outside of | ||
the State only after it has made the following findings with | ||
respect to such financing or refinancing, all of which shall be | ||
deemed conclusive: | ||
(1) the municipal bond program project includes the | ||
purchase of bonds, notes, or obligations issued by or on | ||
behalf of the State or any agency, instrumentality, office, | ||
department, division, bureau, or commission thereof, or | ||
any unit of local government, school district, college, or | ||
university of the State; and | ||
(2) financing or refinancing the municipal bond | ||
program project would promote the economy of the State for | ||
the benefit of the health, welfare, safety, trade, | ||
commerce, industry, and economy of the people of the State | ||
by reducing the cost of borrowing to the State or such |
agency, instrumentality, office, department, division, | ||
bureau, commission, unit of local government, school | ||
district, college, or university. | ||
The Authority shall not provide financing or refinancing | ||
for any project, or portion thereof, located outside the | ||
boundaries of the United States of America. | ||
Notwithstanding any other provision of this Act, the | ||
Authority shall not provide financing or refinancing that uses | ||
State volume cap under Section 146 of the Internal Revenue Code | ||
of 1986, as amended, except as permitted under that Section | ||
146, or constitutes an indebtedness or obligation, general or | ||
moral, or a pledge of the full faith or loan of credit of the | ||
State for any project, or portion thereof, that is located | ||
outside of the State.
| ||
(Source: P.A. 96-1021, eff. 7-12-10.) | ||
(20 ILCS 3501/825-12)
| ||
Sec. 825-12. Conservation projects. | ||
(a) The Authority may develop a program to provide | ||
low-interest loans and other financing to individuals, | ||
business entities, private organizations, and units of local | ||
government for conservation projects within the United States, | ||
provided that, if the conservation project is located outside | ||
of the State, it is owned, operated, leased or managed by an | ||
entity located within the State or any entity affiliated with | ||
an entity located within the State in the State of Illinois . |
(b) Projects under this Section may include, without | ||
limitation, the acquisition of land for open-space projects, | ||
preservation or recreation measures for open spaces, and energy | ||
conservation or efficiency projects that are intended to reduce | ||
energy usage and costs. | ||
(c) The Authority, in cooperation with the Department of | ||
Natural Resources and the Department of Commerce and Economic | ||
Opportunity, may adopt any rules necessary for the | ||
administration of this Section. The Authority must include any | ||
information concerning the program under this Section on its | ||
Internet website.
| ||
(Source: P.A. 95-697, eff. 11-6-07.) | ||
(20 ILCS 3501/825-65) | ||
Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and | ||
Renewable Energy Project Financing. | ||
(a) Findings and declaration of policy. | ||
(i) It is hereby found and declared that
Illinois has | ||
abundant coal resources and, in some areas of Illinois, the | ||
demand
for power exceeds the generating capacity. | ||
Incentives to encourage the
construction of coal-fueled | ||
electric generating plants in Illinois to ensure
power | ||
generating capacity into the future and to advance clean | ||
coal technology and the use of Illinois coal are in the | ||
best interests of all of
the citizens of Illinois. | ||
(ii) It is further found and declared that Illinois has |
abundant potential and resources to develop renewable | ||
energy resource projects and that there are many | ||
opportunities to invest in cost-effective energy | ||
efficiency projects throughout the State. The development | ||
of those projects will create jobs and investment as well | ||
as decrease environmental impacts and promote energy | ||
independence in Illinois. Accordingly, the development of | ||
those projects is in the best interests of all of the | ||
citizens of Illinois. | ||
(iii) The Authority is authorized to issue bonds to | ||
help
finance Clean Coal, Coal, Energy Efficiency, and | ||
Renewable Energy projects pursuant to this
Section. | ||
(b) Definitions. | ||
(i) "Clean Coal Project" means (A) "clean coal | ||
facility", as defined in Section 1-10 of the Illinois Power | ||
Agency Act; (B) "clean coal SNG facility", as defined in | ||
Section 1-10 of the Illinois Power Agency Act; (C) | ||
transmission lines and associated equipment that transfer | ||
electricity from points of supply to points of delivery for | ||
projects described in this subsection (b); (D) pipelines or | ||
other methods to transfer carbon dioxide from the point of | ||
production to the point of storage or sequestration for | ||
projects described in this subsection (b); or (E) projects | ||
to provide carbon abatement technology for existing | ||
generating facilities. | ||
(ii) "Coal Project" means new electric
generating |
facilities or new gasification facilities, as defined in
| ||
Section 605-332 of the Department of Commerce and
Economic | ||
Opportunity Law of the Civil Administrative Code of | ||
Illinois, which
may
include mine-mouth power plants, | ||
projects that employ the use of clean coal
technology, | ||
projects to provide scrubber technology for existing | ||
energy
generating plants, or projects to provide electric | ||
transmission facilities or new gasification facilities. | ||
(iii) "Energy Efficiency Project" means measures that | ||
reduce the amount of electricity or natural gas required to | ||
achieve a given end use, consistent with Section 1-10 of | ||
the Illinois Power Agency Act. "Energy Efficiency Project" | ||
also includes measures that reduce the total Btus of | ||
electricity and natural gas needed to meet the end use or | ||
uses consistent with Section 1-10 of the Illinois Power | ||
Agency Act. | ||
(iv) "Renewable Energy Project" means (A) a project | ||
that uses renewable energy resources, as defined in Section | ||
1-10 of the Illinois Power Agency Act; (B) a project that | ||
uses environmentally preferable technologies and practices | ||
that result in improvements to the production of renewable | ||
fuels, including but not limited to, cellulosic | ||
conversion, water and energy conservation, fractionation, | ||
alternative feedstocks, or reduced green house gas | ||
emissions; (C) transmission lines and associated equipment | ||
that transfer electricity from points of supply to points |
of delivery for projects described in this subsection (b); | ||
or (D) projects that use technology for the storage of | ||
renewable energy, including, without limitation, the use | ||
of battery or electrochemical storage technology for | ||
mobile or stationary applications. | ||
(c) Creation of reserve funds. The Authority may establish | ||
and maintain one
or more reserve funds to enhance bonds issued | ||
by the Authority for a Clean Coal Project, a Coal Project, an | ||
Energy Efficiency Project, or a Renewable
Energy Project.
There | ||
may be one or more accounts in these reserve funds in which | ||
there may be
deposited: | ||
(1) any proceeds of the bonds issued by the Authority | ||
required to
be deposited therein by the terms of any | ||
contract between the Authority and its
bondholders or any | ||
resolution of the Authority; | ||
(2) any other moneys or funds of the Authority that it | ||
may
determine to deposit therein from any other source; and | ||
(3) any other moneys or funds made available to the | ||
Authority.
Subject to the terms of any pledge to the owners | ||
of any bonds, moneys in any
reserve fund may be held and | ||
applied to the payment of principal, premium, if
any, and | ||
interest of such bonds. | ||
(d) Powers and duties. The Authority has the power: | ||
(1) To issue bonds in one or more series pursuant to | ||
one or more
resolutions of the Authority for any Clean Coal | ||
Project, Coal Project, Energy Efficiency Project, or |
Renewable Energy Project authorized
under this Section, | ||
within the authorization set forth in subsection (e). | ||
(2) To provide for the funding of any reserves or other | ||
funds or
accounts deemed necessary by the Authority in | ||
connection with any bonds issued
by the Authority. | ||
(3) To pledge any funds of the Authority or funds made | ||
available to
the Authority that may be applied to such | ||
purpose as security for any bonds or
any guarantees, | ||
letters of credit, insurance contracts or similar credit
| ||
support
or liquidity instruments securing the bonds. | ||
(4) To enter into agreements or contracts with third | ||
parties,
whether public or private, including, without | ||
limitation, the United States of
America, the State or any | ||
department or agency thereof, to obtain any
| ||
appropriations, grants, loans or guarantees that are | ||
deemed necessary or
desirable by the Authority. Any such | ||
guarantee, agreement or contract may
contain terms and | ||
provisions necessary or desirable in connection with the
| ||
program, subject to the requirements established by the | ||
Act. | ||
(5) To exercise such other powers as are necessary or | ||
incidental to
the foregoing. | ||
(e) Clean Coal Project, Coal Project, Energy Efficiency | ||
Project, and Renewable Energy Project bond authorization and | ||
financing limits. In
addition
to any other bonds authorized to | ||
be issued under
Sections 801-40(w), 825-60, 830-25
and 845-5, |
the Authority may have outstanding, at any time, bonds for the
| ||
purpose
enumerated in this
Section 825-65 in an aggregate | ||
principal amount that shall not
exceed $3,000,000,000, subject | ||
to the following limitations: (i) up to $300,000,000 may be | ||
issued to
finance projects, as described in clause (C) of | ||
subsection (b)(i) and clause (C) of subsection (b)(iv) of this | ||
Section 825-65; (ii) up to $500,000,000 may be issued to
| ||
finance projects, as described in clauses (D) and (E) of | ||
subsection (b)(i) of this Section 825-65; (iii) up to | ||
$2,000,000,000 may
be issued to finance Clean Coal Projects, as | ||
described in clauses (A) and (B) of subsection (b)(i) of this | ||
Section 825-65 and Coal Projects, as described in subsection | ||
(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000 | ||
may be issued to finance Energy Efficiency Projects, as | ||
described in subsection (b)(iii) of this Section 825-65 and | ||
Renewable Energy Projects, as described in clauses (A), (B), | ||
and (D) of subsection (b)(iii) of this Section 825-65. An | ||
application for a loan
financed from bond proceeds from a | ||
borrower or its affiliates for a Clean Coal Project, a Coal | ||
Project, Energy Efficiency Project, or a Renewable
Energy | ||
Project may not be approved by the Authority for an amount in | ||
excess
of $450,000,000 for any borrower or its affiliates. A | ||
Clean Coal Project or Coal Project must be located within the | ||
State. An Energy Efficiency Project may be located within the | ||
State or outside the State, provided that, if the Energy | ||
Efficiency Project is located outside of the State, it must be |
owned, operated, leased, or managed by an entity located within | ||
the State or any entity affiliated with an entity located | ||
within the State. These bonds shall not
constitute an | ||
indebtedness or obligation of the State of Illinois and it | ||
shall
be plainly stated on the face of each bond that it does | ||
not constitute an
indebtedness or obligation of the State of | ||
Illinois, but is payable solely from
the revenues, income or | ||
other assets of the Authority pledged therefor. | ||
(f) The bonding authority granted under this Section is in | ||
addition to and not limited by the provisions of Section 845-5. | ||
(Source: P.A. 95-470, eff. 8-27-07; 96-103, eff. 1-1-10; | ||
96-817, eff. 1-1-10.) | ||
(20 ILCS 3501/825-95)
| ||
Sec. 825-95. Emerald ash borer revolving loan program. | ||
(a) The Illinois Finance Authority may shall administer an | ||
emerald ash borer revolving loan program. The program shall | ||
provide low-interest or zero-interest loans to units of local | ||
government for the treatment of standing trees and replanting | ||
of trees on public lands that are within emerald ash borer | ||
quarantine areas as established by the Illinois Department of | ||
Agriculture. The Authority may shall make loans based on the | ||
recommendation of the Department of Agriculture.
For the | ||
purposes of this Section, "treatment" means the | ||
administration, by environmentally sensitive processes and | ||
methods, of products and materials proven by academic research |
to protect ash trees from the invasive Emerald Ash Borer in | ||
order to prevent or reverse the damage and preserve the trees. | ||
(b) The loan funds, subject to appropriation, must be paid | ||
out of the Emerald Ash Borer Revolving Loan Fund, a special | ||
fund created in the State treasury. The moneys in the Fund | ||
consist of any moneys transferred or appropriated into the Fund | ||
as well as all repayments of loans made under this program. | ||
Moneys in the Fund may be used only for loans to units of local | ||
government for the treatment of standing trees and replanting | ||
of trees within emerald ash borer quarantine areas established | ||
by the Department of Agriculture and for no other purpose. All | ||
interest earned on moneys in the Fund must be deposited into | ||
the Fund.
| ||
(c) A loan for the treatment of standing trees and | ||
replanting of trees on public lands within emerald ash borer | ||
quarantine areas established by the Department of Agriculture | ||
may not exceed $5,000,000 to any one unit of local government. | ||
The repayment period for the loan may not exceed 20 years. The | ||
unit of local government shall repay, each year, at least 5% of | ||
the principal amount borrowed or the remaining balance of the | ||
loan, whichever is less. All repayments of loans must be | ||
deposited into the Emerald Ash Borer Revolving Loan Fund.
| ||
(d) Any loan under this Section to a unit of local | ||
government may not exceed the moneys that the unit of local | ||
government expends or dedicates for the reforestation project | ||
for which the loan is made.
|
(e) The Department of Agriculture may enter into agreements | ||
with a unit of local government under which the unit of local | ||
government is authorized to assist the Department in carrying | ||
out its duties in a quarantined area, including inspection and | ||
eradication of any dangerous insect or dangerous plant disease, | ||
and including the transportation, processing, and disposal of | ||
diseased material. The Department is authorized to provide | ||
compensation or financial assistance to the unit of local | ||
government for its costs.
| ||
(f) The Authority, with the assistance of the Department of | ||
Agriculture and the Department of Natural Resources, shall | ||
adopt rules to administer the program under this Section.
| ||
(Source: P.A. 95-588, eff. 9-4-07; 95-876, eff. 8-21-08.) | ||
(20 ILCS 3501/825-110) | ||
Sec. 825-110. Implementation of ARRA provisions regarding | ||
qualified energy conservation bonds. | ||
(a) Definitions. | ||
(i) "Affected local government" means any county or | ||
municipality within the
State if the county or municipality | ||
has a population of 100,000 or more, as defined in
Section | ||
54D(e)(2)(C) of the Code. | ||
(ii) "Allocation amount" means the $133,846,000 amount | ||
of qualified energy conservation bonds authorized under | ||
ARRA for the financing of qualifying projects located |
within the State and the sub-allocation of those amounts | ||
among each affected local government. | ||
(iii) "ARRA" means, collectively, the American | ||
Recovery and Reinvestment Act of 2009, including, without | ||
limitation, Section 54D of the Code; the guidance provided | ||
by the Internal Revenue Service applicable to qualified | ||
energy conservation bonds; and any legislation | ||
subsequently adopted by the United States Congress to | ||
extend or expand the economic development bond financing | ||
incentives authorized by ARRA. | ||
(iv) "ARRA implementing regulations" means the | ||
regulations promulgated by the Authority as further | ||
described in subdivision (c)(iv) of this Section to | ||
implement the provisions of this Section. | ||
(v) "Code" means the Internal Revenue Code of 1986, as | ||
amended. | ||
(vi) "Qualified energy conservation bond" means any | ||
qualified energy conservation bond issued pursuant to | ||
Section 54D of the Code. | ||
(vii) "Qualified energy conservation bond allocation" | ||
means an allocation of authority to issue qualified energy | ||
conservation bonds granted pursuant to Section 54D of the | ||
Code. | ||
(viii) "Regional authority" means the Central Illinois | ||
Economic Development Authority, Eastern Illinois Economic | ||
Development Authority, Joliet Arsenal Development |
Authority, Quad Cities Regional Economic Development | ||
Authority, Riverdale Development Authority, Southeastern | ||
Illinois Economic Development Authority, Southern Illinois | ||
Development Authority, Southwestern Illinois Development | ||
Authority, Tri-County River Valley Development Authority, | ||
Upper Illinois River Valley Development Authority, | ||
Illinois Urban Development Authority, Western Illinois | ||
Economic Development Authority, or Will-Kankakee Regional | ||
Development Authority. | ||
(ix) "Sub-allocation" means the portion of the | ||
allocation amount allocated to each affected local | ||
government. | ||
(x) "Waived qualified energy conservation bond | ||
allocation" means the amount of the qualified energy | ||
conservation bond allocation that an affected local | ||
government elects to reallocate to the State pursuant to | ||
Section 54D(e)(2)(B) of the Code. | ||
(xi) "Waiver agreement" means an agreement between the | ||
Authority and an
affected local government providing for | ||
the reallocation, in whole or in part, of that
affected | ||
local government's sub-allocation to the Authority. The | ||
waiver agreement may provide for the payment of an affected | ||
local
government's reasonable fees and costs as determined | ||
by the Authority in connection with
the affected local | ||
government's reallocation of its sub-allocation. |
(b) Findings. | ||
It is found and declared that: | ||
(i) it is in the public interest and for the benefit of | ||
the State to maximize the use of economic development | ||
incentives authorized by ARRA; | ||
(ii) those incentives include the maximum use of the | ||
allocation amount for the issuance of qualified energy | ||
conservation bonds to promote energy conservation under | ||
the applicable provisions of ARRA; and | ||
(iii) those incentives also include the issuance by the | ||
Authority of qualified energy conservation bonds for the | ||
purposes of financing qualifying projects to be financed | ||
with proceeds of qualified energy conservation bonds. | ||
(c) Powers of Authority. | ||
(i) In order to carry out the provisions of ARRA and | ||
further the purposes of this Section, the Authority has: | ||
(A) the power to receive from any affected local | ||
government its sub-allocation that it voluntarily | ||
waives to the Authority, in whole or in part, for | ||
allocation by the Authority to a regional authority | ||
specifically designated by that affected local | ||
government, and the Authority shall reallocate that | ||
waived qualified energy conservation bond allocation | ||
to the regional authority specifically designated by | ||
that affected local government; provided that (1) the |
affected local government must take official action by | ||
resolution or ordinance, as applicable, to waive the | ||
sub-allocation to the Authority and specifically | ||
designate that its waived qualified energy | ||
conservation bond allocation should be reallocated to | ||
a regional authority; (2) the regional authority must | ||
use the sub-allocation to issue qualified energy | ||
conservation bonds on or before August 16, 2010 and, if | ||
qualified energy conservation bonds are not issued on | ||
or before August 16, 2010, the sub-allocation shall be | ||
deemed waived to the Authority for reallocation by the | ||
Authority to qualifying projects; and (3) the proceeds | ||
of the qualified energy conservation bonds must be used | ||
for qualified projects within the jurisdiction of the | ||
applicable regional authority; | ||
(B) at the Authority's sole discretion, the power | ||
to reallocate any sub-allocation deemed waived to the | ||
Authority pursuant to subsection (c)(i)(A)(2) back to | ||
the Regional Authority that had the sub-allocation; | ||
(C) the power to enter into waiver agreements with | ||
affected local
governments to provide for the | ||
reallocation, in whole or in part, of their | ||
sub-allocations,
to receive waived qualified energy | ||
conservation bond allocations from those affected | ||
local governments, and to use those waived qualified | ||
energy conservation bond allocations, in whole or in |
part, to issue qualified energy conservation bonds of | ||
the Authority for qualifying projects or to reallocate | ||
those qualified energy conservation bond allocations, | ||
in whole or in part, to a county or municipality to | ||
issue its own energy conservation bonds for qualifying | ||
projects; and | ||
(D) the power to issue qualified energy | ||
conservation bonds for any project authorized to be | ||
financed with proceeds thereof under the applicable | ||
provisions of ARRA. | ||
(ii) In addition to the powers set forth in item (i), | ||
the Authority shall be the sole recipient, on behalf of the | ||
State, of any waived qualified energy conservation bond | ||
allocations. Qualified energy conservation bond | ||
allocations can be reallocated to the Authority only by | ||
voluntary waiver as provided in this Section. | ||
(iii) In addition to the powers set forth in items (i) | ||
and (ii), the Authority has any powers otherwise enjoyed by | ||
the Authority in connection with the issuance of its bonds | ||
if those powers are not in conflict with any provisions | ||
with respect to qualified energy conservation bonds set | ||
forth in ARRA. | ||
(iv) The Authority has the power to adopt regulations | ||
providing for the implementation of any of the provisions | ||
contained in this Section, including the provisions | ||
regarding waiver agreements and reallocation of all or any |
portion of the allocation amount and sub-allocations and | ||
the issuance of qualified energy conservation bonds; | ||
except that those regulations shall not (1) provide any | ||
waiver or reallocation of an affected local government's | ||
sub-allocation other than a voluntary waiver as described | ||
in subsection (c) or (2) be inconsistent with the | ||
provisions of subsection (c)(i). Regulations adopted by | ||
the Authority for determining reallocation of all or any | ||
portion of a waived qualified energy conservation | ||
allocation may include, but are not limited to, (1) the | ||
ability of the county or municipality to issue qualified | ||
energy conservation bonds by the end of a given calendar | ||
year, (2) the amount of jobs that will be retained or | ||
created, or both, by the qualifying project to be financed | ||
by qualified energy conservation bonds, and (3) the | ||
geographical proximity of the qualifying project to be | ||
financed by qualified energy conservation bonds to a | ||
municipality or county that reallocated its sub-allocation | ||
to the Authority. | ||
(d) Established dates for notice. | ||
Any affected local government or regional authority that | ||
has issued qualified energy conservation bonds on or before the | ||
effective date of this Section must report its issuance of | ||
qualified energy conservation bonds to the Authority within 30 | ||
days after the effective date of this Section. After the |
effective date of this Section, any affected local government | ||
or any regional authority must report its issuance of qualified | ||
energy conservation bonds to the Authority not less than 30 | ||
days after those bonds are issued. | ||
(e) Reports to the General Assembly. | ||
Starting 60 days after the effective date of this Section | ||
and ending when there is no longer any allocation amount, the | ||
Authority shall file a report before the end 15th day of each | ||
fiscal year month with the General Assembly detailing its | ||
implementation of this Section, including but not limited to | ||
the dollar amount of the allocation amount that has been | ||
reallocated by the Authority pursuant to this Section, the | ||
qualified energy conservation bonds issued in the State as of | ||
the date of the report, and descriptions of the qualifying | ||
projects financed by those qualified energy conservation | ||
bonds.
| ||
(Source: P.A. 96-1020, eff. 7-12-10.)
| ||
(20 ILCS 3501/830-10)
| ||
Sec. 830-10.
(a) The Authority may shall establish a Farm | ||
Debt Relief Program to
help provide
eligible Illinois farmers | ||
with State assistance in meeting their
farming-related debts.
| ||
(b) To be eligible for the program, a person must (1) be | ||
actively engaged in
farming in this State, (2) have | ||
farming-related debts in an amount equal to at
least 55% of the |
person's total assets, and (3) demonstrate that he can secure
| ||
credit from a conventional lender for the 1986 crop year.
| ||
(c) An eligible person may apply to the Authority, in such | ||
manner as the
Authority may specify, for a one-time farm debt | ||
relief payment of up to 2% of
the person's outstanding | ||
farming-related debt. If the Authority determines that
the | ||
applicant is eligible for a payment under this
Section, it may | ||
then approve
a payment to the applicant. Such payment shall | ||
consist of a payment made by the
Authority directly to one or | ||
more of the applicant's farming-related creditors,
to be | ||
applied to the reduction of the applicant's farming-related | ||
debt. The
applicant shall be entitled to select the creditor or | ||
creditors to receive the
payment, unless the applicant is | ||
subject to the jurisdiction of a bankruptcy
court, in which | ||
case the selection of the court shall control.
| ||
(d) Payments shall be made from the Farm Emergency | ||
Assistance Fund, which is
hereby established as a special fund | ||
in the State treasury, from funds
appropriated to the Authority | ||
for that purpose. No grant may exceed the lesser
of (1) 2% of | ||
the applicant's outstanding farm-related debt, or (2) $2000. | ||
Not
more than one grant under this
Section may be made to any | ||
one person, or to any
one household, or to any single farming | ||
operation.
| ||
(e) Payments to applicants having farming-related debts in | ||
an amount equal
to
at least 55% of the person's total assets, | ||
but less than 70%, shall be repaid
by
the applicant to the |
Authority for deposit into the Farm Emergency Assistance
Fund | ||
within five years from the date the payment was made. Repayment | ||
shall be
made in equal installments during the five-year period | ||
with no additional
interest charge and may be prepaid in whole | ||
or in part at any time. Applicants
having farming-related debts | ||
in an amount equal to at least 70% of the person's
total assets | ||
shall not be required to make any repayment. Assets shall | ||
include,
but not be limited to, the following: cash crops or | ||
feed on hand; livestock
held for sale; breeding stock; | ||
marketable bonds and securities; securities not
readily | ||
marketable; accounts receivable; notes receivable; cash | ||
invested in
growing crops; net cash value of life insurance; | ||
machinery and equipment; cars
and trucks; farm and other real | ||
estate including life estates and personal
residence; value of | ||
beneficial interests in trusts; government payments or
grants; | ||
and any other assets. Debts shall include, but not be limited | ||
to, the
following: accounts payable; notes or other | ||
indebtedness owed to any source;
taxes; rent; amounts owed on | ||
real estate contracts or real estate mortgages;
judgments; | ||
accrued interest payable; and any other liability.
| ||
(Source: P.A. 93-205, eff. 1-1-04.)
| ||
(20 ILCS 3501/830-15)
| ||
Sec. 830-15. Interest-buy-back program.
| ||
(a) The Authority may shall establish an interest-buy-back | ||
program to subsidize
the interest cost on certain loans to |
Illinois farmers.
| ||
(b) To be eligible an applicant must (i) be a resident of | ||
Illinois; (ii) be
a
principal operator of a farm or land; (iii) | ||
derive at least 50% of annual gross
income from farming; and | ||
(iv) have a net worth of at least $10,000. The
Authority shall | ||
establish minimum and maximum financial requirements, maximum
| ||
payment amounts, starting and ending dates for the program, and | ||
other criteria.
| ||
(c) Lenders may apply on behalf of eligible applicants on | ||
forms provided by
the
Authority. Lenders may submit requests | ||
for payment on forms provided by the
Authority. Lenders and | ||
applicants shall be responsible for any fees or charges
the | ||
Authority may require.
| ||
(d) The Authority shall make payments to lenders from | ||
available
appropriations from the General Revenue Fund.
| ||
(Source: P.A. 93-205, eff. 1-1-04.)
| ||
Section 10. The Illinois Environmental Facilities | ||
Financing Act is amended by changing Sections 2 and 3 and by | ||
adding Section 7.5 as follows:
| ||
(20 ILCS 3515/2) (from Ch. 127, par. 722)
| ||
Sec. 2. Declaration of necessity and purpose - Liberal | ||
construction. (a) The General Assembly finds:
| ||
(i) that environmental damage seriously endangers the | ||
public health
and welfare;
|
(ii) that such environmental damage results from air, | ||
water, and
other resource pollution and from public water | ||
supply, solid waste
disposal, noise, surface mining and other | ||
environmental problems;
| ||
(iii) that to reduce, control and prevent such pollution | ||
and
problems, quality and land reclamation standards have been | ||
established
necessitating the employment of anti-pollution and | ||
reclamation devices,
equipment and facilities and stringent | ||
time schedules have been and will be
imposed for compliance
| ||
with such standards;
| ||
(iv) that it is desirable to provide additional and | ||
alternative
methods of financing the costs of the acquisition | ||
and installation of
the devices, equipment and facilities | ||
required to comply with the
quality and land reclamation | ||
standards;
| ||
(v) that the alternative method of financing provided in | ||
this Act is
therefore in the public interest and serves a | ||
public purpose in
protecting and promoting the health and | ||
welfare of the citizens of this
state by reducing, controlling | ||
and preventing environmental damage;
| ||
(vi) that it is desirable to promote the use of Illinois | ||
coal in a manner
that is consistent with air quality and land | ||
reclamation standards; and
| ||
(vii) that it is desirable to promote the use of | ||
alternative methods
for managing hazardous wastes and to | ||
provide additional and alternative
methods of financing the |
costs of establishing the recycling, incineration,
physical, | ||
chemical and biological treatment, and other facilities | ||
necessary
to meet the requirements of the Environmental | ||
Protection Act ; and | ||
(viii) that the environmental damage and pollution that | ||
occurs within this State often results from sources in other | ||
states, and that providing financing alternatives for | ||
environmental facilities that are located outside the State | ||
that are owned, operated, leased, managed by, or otherwise | ||
affiliated with, institutions located within the State can | ||
reduce, control, or prevent environmental damage and pollution | ||
within this State .
| ||
(b) It is the purpose of this Act, as more specifically | ||
described in
later sections, to authorize the State
authority | ||
to acquire, construct, reconstruct, repair, alter, improve,
| ||
extend, own, finance, lease, sell and otherwise dispose of | ||
pollution
control and surface mined land reclamation | ||
facilities to the end that the
State authority may be able to
| ||
promote the health and welfare of the people of this State and | ||
to vest
such State authority with all powers to enable such | ||
State authority to
accomplish such purpose; it is not intended | ||
by this Act that the State
authority shall itself be authorized | ||
to operate any such pollution
control, hazardous waste | ||
treatment or surface mined land
reclamation facilities; nor | ||
shall any such facilities be
geographically located outside the | ||
State of Illinois , except as otherwise provided in this Act . It |
is the intent
of the General Assembly that access to the | ||
benefits of the financing
herein provided for shall be equally | ||
available to all persons.
| ||
(c) It is the intent of the General Assembly that the State
| ||
authority shall give special consideration to small businesses | ||
as
defined in paragraph (i) of Section 3 of this Act in | ||
authorizing the
issuance of bonds for the financing of | ||
pollution control or hazardous
waste treatment facilities in | ||
order to assist small businesses in surviving
the economic | ||
burdens imposed by the required financing of such facilities.
| ||
(d) Notwithstanding paragraph (b) of this Section, it is | ||
the intent of
the General Assembly that with respect to | ||
applications involving environmental
facilities for new | ||
coal-fired electric steam generating plants and new
coal-fired | ||
industrial boilers as defined in paragraph (j) of Section 3 of | ||
this
Act, the State authority shall only finance such | ||
facilities where Illinois coal
will be used as the primary | ||
source of fuel. The Authority shall impose
appropriate | ||
financial penalties on any person who receives financing from
| ||
the State Authority for environmental facilities based on a | ||
commitment to
use Illinois coal as the primary source of fuel | ||
at a new coal-fired electric
utility steam generating plant or | ||
new coal-fired industrial boiler and later
uses a non-Illinois | ||
coal as the primary source of fuel.
| ||
(e) It is the intent of the General Assembly that the | ||
Authority give
special consideration to projects which involve |
a reduction in volume of
hazardous waste products generated, or | ||
the recycling, re-use, reclamation,
or treatment of hazardous | ||
waste.
| ||
(f) This Act shall be liberally construed to accomplish | ||
the
intentions expressed herein.
| ||
(Source: P.A. 83-1362; 83-1442.)
| ||
(20 ILCS 3515/3) (from Ch. 127, par. 723)
| ||
Sec. 3. Definitions. In this Act, unless the context | ||
otherwise
clearly requires, the terms used herein shall have | ||
the meanings ascribed
to them as follows:
| ||
(a) "Bonds" means any bonds, notes, debentures, temporary, | ||
interim
or permanent certificates of indebtedness or other | ||
obligations
evidencing indebtedness.
| ||
(b) "Directing body" means the members of the State | ||
authority.
| ||
(c) "Environmental facility" or "facilities" means any | ||
land,
interest in land, building, structure, facility, system, | ||
fixture,
improvement, appurtenance, machinery, equipment or | ||
any combination
thereof, and all real and personal property | ||
deemed necessary therewith,
having to do with or the primary | ||
purpose of which is, reducing, controlling or
preventing | ||
pollution, or reclaiming surface mined land. Environmental
| ||
facilities may be located anywhere in this State and may | ||
include those
facilities or processes used to (i) remove | ||
potential pollutants from coal prior
to combustion, (ii) reduce |
the volume or composition of hazardous waste by
changing or | ||
replacing manufacturing equipment or processes, (iii) recycle
| ||
hazardous waste, or (iv) recover resources from hazardous | ||
waste. Environmental
facilities may also include (i) solar | ||
collectors, solar storage mechanisms and
solar energy systems, | ||
as defined in Section 10-5 of the Property Tax Code; (ii) | ||
facilities designed to collect,
store, transfer, or | ||
distribute, for residential, commercial or industrial use,
| ||
heat energy which is a by-product of industrial or energy | ||
generation processes
and which would otherwise be wasted; (iii) | ||
facilities designed to remove
pollutants from emissions that | ||
result from the combustion of coal; and (iv)
facilities for the | ||
combustion of coal in a fluidized bed boiler. Environmental
| ||
facilities may be located outside of the State, provided that | ||
the environmental facility must either (i) be owned, operated, | ||
leased, or managed by an entity located within the State or an | ||
entity affiliated with an entity located within the State or | ||
(ii) substantially reduce, control, and prevent the | ||
environmental damage and pollution within the State. | ||
Environmental
facilities include landfill gas recovery | ||
facilities, as defined in the Illinois
Environmental | ||
Protection Act.
| ||
Environmental facilities do not include any land, interest | ||
in land,
buildings, structure, facility, system, fixture, | ||
improvement,
appurtenance, machinery, equipment or any | ||
combination thereof, and all real
and personal property deemed |
necessary therewith, having to do with a
hazardous waste | ||
disposal site, except where such land, interest in land,
| ||
buildings, structure, facility, system, fixture, improvement, | ||
appurtenance,
machinery, equipment, real or personal property | ||
are used for the management
or recovery of gas generated by a | ||
hazardous waste disposal site or are used
for recycling, | ||
reclamation, tank storage or treatment in tanks which occurs
on | ||
the same site as a hazardous waste disposal site.
| ||
(d) "Finance" or "financing" means the issuing of revenue | ||
bonds
pursuant to Section 9 of this Act by the State authority | ||
for the purpose
of using the proceeds to pay project costs for | ||
an environmental or
hazardous waste treatment facility | ||
including one in or to which title at all
times remains in a | ||
person other than the State authority, in which case the
bonds | ||
of the Authority are secured by a pledge of one or more notes,
| ||
debentures, bonds or other obligations, secured or unsecured, | ||
of any person.
| ||
(e) "Person" means any individual, partnership, | ||
copartnership, firm,
company, corporation (including public | ||
utilities), association, joint
stock company, trust, estate, | ||
political subdivision, state agency, or
any other legal entity, | ||
or their legal representative, agent or assigns.
| ||
(f) "Pollution" means any form of environmental pollution | ||
including,
but not limited to, water pollution, air pollution, | ||
land pollution,
solid waste pollution, thermal pollution, | ||
radiation contamination, or
noise pollution as determined by |
the various standards prescribed by
this state or the federal | ||
government and including but not limited to,
anything which is | ||
considered as pollution or environmental damage in the
| ||
Environmental Protection Act, approved June 29, 1970, as now or
| ||
hereafter amended.
| ||
(g) "Project costs" as applied to environmental or | ||
hazardous waste
treatment facilities financed under this Act | ||
means and includes the sum
total of all reasonable or necessary | ||
costs incidental to the acquisition,
construction, | ||
reconstruction, repair, alteration, improvement and extension
| ||
of such environmental or hazardous waste treatment facilities | ||
including
without limitation the cost of studies and surveys; | ||
plans, specifications,
architectural and engineering services; | ||
legal, organization, marketing or other
special services; | ||
financing, acquisition, demolition, construction, equipment
| ||
and site development of new and rehabilitated buildings; | ||
rehabilitation,
reconstruction, repair or remodeling of | ||
existing buildings and all other
necessary and incidental | ||
expenses including an initial bond and interest
reserve | ||
together with interest on bonds issued to finance such | ||
environmental or
hazardous waste treatment facilities to a date | ||
6 months subsequent to the
estimated date of completion.
| ||
(h) "State authority" or "authority" means the Illinois
| ||
Finance Authority created by the Illinois Finance
Authority | ||
Act.
| ||
(i) "Small business" or "small businesses" means those |
commercial
and manufacturing entities which at the time of | ||
their application to the
authority meet those criteria, as | ||
interpreted and applied by the State
authority, for definition | ||
as a "small business" established for the
Small Business | ||
Administration and set forth as Section 121.3-10 of Part
121 of | ||
Title 13 of the Code of Federal Regulations as such Section is | ||
in
effect on the effective date of this amendatory Act of 1975.
| ||
(j) "New coal-fired electric utility steam generating | ||
plants" and "new
coal-fired industrial boilers" means those | ||
plants and boilers on which
construction begins after the | ||
effective date of this amendatory Act of 1981.
| ||
(k) "Hazardous waste treatment facility" means any land, | ||
interest in
land, building, structure, facility, system, | ||
fixture, improvement,
appurtenance, machinery, equipment, or | ||
any combination thereof, and all
real and personal property | ||
deemed necessary therewith, the primary purpose
of which is to | ||
recycle, incinerate, or physically, chemically, biologically
| ||
or otherwise treat hazardous wastes, or to reduce the | ||
production of
hazardous wastes by changing or replacing | ||
manufacturing equipment or
processes, and which meets the | ||
requirements of the Environmental Protection
Act and all | ||
regulations adopted thereunder.
| ||
(l) The term "significant presence" means the existence | ||
within the State of the national or regional headquarters of an | ||
entity or group or such other facility of an entity or group of | ||
entities where a significant amount of the business functions |
are performed for such entity or group of entities. | ||
(Source: P.A. 93-205, eff. 1-1-04.)
| ||
(20 ILCS 3515/7.5 new) | ||
Sec. 7.5. Required findings for environmental facilities | ||
located outside the State. The State authority may approve an | ||
application to finance or refinance environmental facilities | ||
located outside of the State only after it has made either of | ||
the following findings with respect to such financing or | ||
refinancing, all of which shall be deemed conclusive: | ||
(1) that all of the following conditions exist: | ||
(A) the entity financing or refinancing an | ||
environmental facility located outside the State, or | ||
an affiliate thereof, is also engaged in the financing | ||
or refinancing of an environmental facility located | ||
within the State or, alternately, the entity seeking | ||
the financing or refinancing, or an affiliate thereof, | ||
maintains a significant presence within the State; | ||
(B) financing or refinancing the out-of-state | ||
environmental facility would promote the interests of | ||
the State for the benefit of the health, welfare, | ||
safety, trade, commerce, industry, and economy of the | ||
people of the State by reducing, controlling, or | ||
preventing environmental damage and pollution within | ||
the State or lowering the cost of environmental | ||
facilities within the State by reducing the cost of |
financing, refinancing, or operating environmental | ||
facilities; and | ||
(C) after giving effect to the financing or | ||
refinancing of the out-of-state environmental | ||
facility, the State authority shall have the ability to | ||
issue at least an additional $250,000,000 in bonds | ||
under Section 9 of this Act; or | ||
(2) that financing or refinancing the out-of-state | ||
environmental facility will substantially reduce, control, | ||
or prevent environmental damage within the State. | ||
The State authority shall not provide financing or | ||
refinancing for any project, or portion thereof, located | ||
outside the boundaries of the United States of America. | ||
Notwithstanding any other provision of this Act, the | ||
Authority shall not provide financing or refinancing that uses | ||
State volume cap under Section 146 of the Internal Revenue Code | ||
of 1986, as amended, except as permitted under said Section | ||
146, or constitutes an indebtedness or obligation, general or | ||
moral, or a pledge of the full faith or loan of credit of the | ||
State for any project, or portion thereof, that is located | ||
outside of the State. | ||
Section 13. The Illinois Power Agency Act is amended by | ||
changing Section 1-10 as follows:
| ||
(20 ILCS 3855/1-10)
|
Sec. 1-10. Definitions. | ||
"Agency" means the Illinois Power Agency. | ||
"Agency loan agreement" means any agreement pursuant to | ||
which the Illinois Finance Authority agrees to loan the | ||
proceeds of revenue bonds issued with respect to a project to | ||
the Agency upon terms providing for loan repayment installments | ||
at least sufficient to pay when due all principal of, interest | ||
and premium, if any, on those revenue bonds, and providing for | ||
maintenance, insurance, and other matters in respect of the | ||
project. | ||
"Authority" means the Illinois Finance Authority. | ||
"Clean coal facility" means an electric generating | ||
facility that uses primarily coal as a feedstock and that | ||
captures and sequesters carbon dioxide emissions at the | ||
following levels: at least 50% of the total carbon dioxide | ||
emissions that the facility would otherwise emit if, at the | ||
time construction commences, the facility is scheduled to | ||
commence operation before 2016, at least 70% of the total | ||
carbon dioxide emissions that the facility would otherwise emit | ||
if, at the time construction commences, the facility is | ||
scheduled to commence operation during 2016 or 2017, and at | ||
least 90% of the total carbon dioxide emissions that the | ||
facility would otherwise emit if, at the time construction | ||
commences, the facility is scheduled to commence operation | ||
after 2017. The power block of the clean coal facility shall | ||
not exceed allowable emission rates for sulfur dioxide, |
nitrogen oxides, carbon monoxide, particulates and mercury for | ||
a natural gas-fired combined-cycle facility the same size as | ||
and in the same location as the clean coal facility at the time | ||
the clean coal facility obtains an approved air permit. All | ||
coal used by a clean coal facility shall have high volatile | ||
bituminous rank and greater than 1.7 pounds of sulfur per | ||
million btu content, unless the clean coal facility does not | ||
use gasification technology and was operating as a conventional | ||
coal-fired electric generating facility on June 1, 2009 (the | ||
effective date of Public Act 95-1027). | ||
"Clean coal SNG brownfield facility" means a facility that | ||
(1) has commenced construction by July 1, 2015 on an urban | ||
brownfield site in a municipality with at least 1,000,000 | ||
residents; (2) uses a gasification process to produce | ||
substitute natural gas; (3) uses coal as at least 50% of the | ||
total feedstock over the term of any sourcing agreement with a | ||
utility and the remainder of the feedstock may be either | ||
petroleum coke or coal, with all such coal having a high | ||
bituminous rank and greater than 1.7 pounds of sulfur per | ||
million Btu content unless the facility reasonably determines
| ||
that it is necessary to use additional petroleum coke to
| ||
deliver additional consumer savings, in which case the
facility | ||
shall use coal for at least 35% of the total
feedstock over the | ||
term of any sourcing agreement; and (4) captures and sequesters | ||
at least 85% of the total carbon dioxide emissions that the | ||
facility would otherwise emit. |
"Clean coal SNG facility" means a facility that uses a | ||
gasification process to produce substitute natural gas, that | ||
sequesters at least 90% of the total carbon dioxide emissions | ||
that the facility would otherwise emit, that uses at least 90% | ||
coal as a feedstock, with all such coal having a high | ||
bituminous rank and greater than 1.7 pounds of sulfur per | ||
million btu content, and that has a valid and effective permit | ||
to construct emission sources and air pollution control | ||
equipment and approval with respect to the federal regulations | ||
for Prevention of Significant Deterioration of Air Quality | ||
(PSD) for the plant pursuant to the federal Clean Air Act; | ||
provided, however, a clean coal SNG brownfield facility shall | ||
not be a clean coal SNG facility. | ||
"Commission" means the Illinois Commerce Commission. | ||
"Costs incurred in connection with the development and | ||
construction of a facility" means: | ||
(1) the cost of acquisition of all real property, | ||
fixtures, and improvements in connection therewith and | ||
equipment, personal property, and other property, rights, | ||
and easements acquired that are deemed necessary for the | ||
operation and maintenance of the facility; | ||
(2) financing costs with respect to bonds, notes, and | ||
other evidences of indebtedness of the Agency; | ||
(3) all origination, commitment, utilization, | ||
facility, placement, underwriting, syndication, credit | ||
enhancement, and rating agency fees; |
(4) engineering, design, procurement, consulting, | ||
legal, accounting, title insurance, survey, appraisal, | ||
escrow, trustee, collateral agency, interest rate hedging, | ||
interest rate swap, capitalized interest, contingency, as | ||
required by lenders, and other financing costs, and other | ||
expenses for professional services; and | ||
(5) the costs of plans, specifications, site study and | ||
investigation, installation, surveys, other Agency costs | ||
and estimates of costs, and other expenses necessary or | ||
incidental to determining the feasibility of any project, | ||
together with such other expenses as may be necessary or | ||
incidental to the financing, insuring, acquisition, and | ||
construction of a specific project and starting up, | ||
commissioning, and placing that project in operation. | ||
"Department" means the Department of Commerce and Economic | ||
Opportunity. | ||
"Director" means the Director of the Illinois Power Agency. | ||
"Demand-response" means measures that decrease peak | ||
electricity demand or shift demand from peak to off-peak | ||
periods. | ||
"Distributed renewable energy generation device" means a | ||
device that is: | ||
(1) powered by wind, solar thermal energy, | ||
photovoltaic cells and panels, biodiesel, crops and | ||
untreated and unadulterated organic waste biomass, tree | ||
waste, and hydropower that does not involve new |
construction or significant expansion of hydropower dams; | ||
(2) interconnected at the distribution system level of | ||
either an electric utility as defined in this Section, an | ||
alternative retail electric supplier as defined in Section | ||
16-102 of the Public Utilities Act, a municipal utility as | ||
defined in Section 3-105 of the Public Utilities Act, or a | ||
rural electric cooperative as defined in Section 3-119 of | ||
the Public Utilities Act; | ||
(3) located on the customer side of the customer's | ||
electric meter and is primarily used to offset that | ||
customer's electricity load; and | ||
(4) limited in nameplate capacity to no more than 2,000 | ||
kilowatts. | ||
"Energy efficiency" means measures that reduce the amount | ||
of electricity or natural gas required to achieve a given end | ||
use. "Energy efficiency" also includes measures that reduce the | ||
total Btus of electricity and natural gas needed to meet the | ||
end use or uses. | ||
"Electric utility" has the same definition as found in | ||
Section 16-102 of the Public Utilities Act. | ||
"Facility" means an electric generating unit or a | ||
co-generating unit that produces electricity along with | ||
related equipment necessary to connect the facility to an | ||
electric transmission or distribution system. | ||
"Governmental aggregator" means one or more units of local | ||
government that individually or collectively procure |
electricity to serve residential retail electrical loads | ||
located within its or their jurisdiction. | ||
"Local government" means a unit of local government as | ||
defined in Section 1 of Article VII of the Illinois | ||
Constitution. | ||
"Municipality" means a city, village, or incorporated | ||
town. | ||
"Person" means any natural person, firm, partnership, | ||
corporation, either domestic or foreign, company, association, | ||
limited liability company, joint stock company, or association | ||
and includes any trustee, receiver, assignee, or personal | ||
representative thereof. | ||
"Project" means the planning, bidding, and construction of | ||
a facility. | ||
"Public utility" has the same definition as found in | ||
Section 3-105 of the Public Utilities Act. | ||
"Real property" means any interest in land together with | ||
all structures, fixtures, and improvements thereon, including | ||
lands under water and riparian rights, any easements, | ||
covenants, licenses, leases, rights-of-way, uses, and other | ||
interests, together with any liens, judgments, mortgages, or | ||
other claims or security interests related to real property. | ||
"Renewable energy credit" means a tradable credit that | ||
represents the environmental attributes of a certain amount of | ||
energy produced from a renewable energy resource. | ||
"Renewable energy resources" includes energy and its |
associated renewable energy credit or renewable energy credits | ||
from wind, solar thermal energy, photovoltaic cells and panels, | ||
biodiesel, anaerobic digestion, crops and untreated and | ||
unadulterated organic waste biomass, tree waste, hydropower | ||
that does not involve new construction or significant expansion | ||
of hydropower dams, and other alternative sources of | ||
environmentally preferable energy. For purposes of this Act, | ||
landfill gas produced in the State is considered a renewable | ||
energy resource. "Renewable energy resources" does not include | ||
the incineration or burning of tires, garbage, general | ||
household, institutional, and commercial waste, industrial | ||
lunchroom or office waste, landscape waste other than tree | ||
waste, railroad crossties, utility poles, or construction or | ||
demolition debris, other than untreated and unadulterated | ||
waste wood. | ||
"Revenue bond" means any bond, note, or other evidence of | ||
indebtedness issued by the Authority, the principal and | ||
interest of which is payable solely from revenues or income | ||
derived from any project or activity of the Agency. | ||
"Sequester" means permanent storage of carbon dioxide by | ||
injecting it into a saline aquifer, a depleted gas reservoir, | ||
or an oil reservoir, directly or through an enhanced oil | ||
recovery process that may involve intermediate storage, | ||
regardless of whether these activities are conducted by a clean | ||
coal facility, a clean coal SNG facility, a clean coal SNG | ||
brownfield facility, or a party with which a clean coal |
facility, clean coal SNG facility, or clean coal SNG brownfield | ||
facility has contracted for such purposes. | ||
"Sourcing agreement" means (i) in the case of an electric | ||
utility, an agreement between the owner of a clean coal | ||
facility and such electric utility, which agreement shall have | ||
terms and conditions meeting the requirements of paragraph (3) | ||
of subsection (d) of Section 1-75, (ii) in the case of an | ||
alternative retail electric supplier, an agreement between the | ||
owner of a clean coal facility and such alternative retail | ||
electric supplier, which agreement shall have terms and | ||
conditions meeting the requirements of Section 16-115(d)(5) of | ||
the Public Utilities Act, and (iii) in case of a gas utility, | ||
an agreement between the owner of a clean coal SNG brownfield | ||
facility and the gas utility, which agreement shall have the | ||
terms and conditions meeting the requirements of subsection | ||
(h-1) of Section 9-220 of the Public Utilities Act. | ||
"Substitute natural gas" or "SNG" means a gas manufactured | ||
by gasification of hydrocarbon feedstock, which is | ||
substantially interchangeable in use and distribution with | ||
conventional natural gas. | ||
"Total resource cost test" or "TRC test" means a standard | ||
that is met if, for an investment in energy efficiency or | ||
demand-response measures, the benefit-cost ratio is greater | ||
than one. The benefit-cost ratio is the ratio of the net | ||
present value of the total benefits of the program to the net | ||
present value of the total costs as calculated over the |
lifetime of the measures. A total resource cost test compares | ||
the sum of avoided electric utility costs, representing the | ||
benefits that accrue to the system and the participant in the | ||
delivery of those efficiency measures, as well as other | ||
quantifiable societal benefits, including avoided natural gas | ||
utility costs, to the sum of all incremental costs of end-use | ||
measures that are implemented due to the program (including | ||
both utility and participant contributions), plus costs to | ||
administer, deliver, and evaluate each demand-side program, to | ||
quantify the net savings obtained by substituting the | ||
demand-side program for supply resources. In calculating | ||
avoided costs of power and energy that an electric utility | ||
would otherwise have had to acquire, reasonable estimates shall | ||
be included of financial costs likely to be imposed by future | ||
regulations and legislation on emissions of greenhouse gases.
| ||
(Source: P.A. 96-33, eff. 7-10-09; 96-159, eff. 8-10-09; | ||
96-784, eff. 8-28-09; 96-1000, eff. 7-2-10; 97-96, eff. | ||
7-13-11; 97-239, eff. 8-2-11; 97-491, eff. 8-22-11; 97-616, | ||
eff. 10-26-11; 97-813, eff. 7-13-12.)
| ||
Section 15. The Illinois Procurement Code is amended by | ||
changing Sections 1-10 and 53-25 as follows:
| ||
(30 ILCS 500/1-10)
| ||
Sec. 1-10. Application.
| ||
(a) This Code applies only to procurements for which |
contractors were first
solicited on or after July 1, 1998. This | ||
Code shall not be construed to affect
or impair any contract, | ||
or any provision of a contract, entered into based on a
| ||
solicitation prior to the implementation date of this Code as | ||
described in
Article 99, including but not limited to any | ||
covenant entered into with respect
to any revenue bonds or | ||
similar instruments.
All procurements for which contracts are | ||
solicited between the effective date
of Articles 50 and 99 and | ||
July 1, 1998 shall be substantially in accordance
with this | ||
Code and its intent.
| ||
(b) This Code shall apply regardless of the source of the | ||
funds with which
the contracts are paid, including federal | ||
assistance moneys.
This Code shall
not apply to:
| ||
(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State | ||
governmental bodies except as specifically
provided in | ||
this Code.
| ||
(2) Grants, except for the filing requirements of | ||
Section 20-80.
| ||
(3) Purchase of care.
| ||
(4) Hiring of an individual as employee and not as an | ||
independent
contractor, whether pursuant to an employment | ||
code or policy or by contract
directly with that | ||
individual.
| ||
(5) Collective bargaining contracts.
| ||
(6) Purchase of real estate, except that notice of this |
type of contract with a value of more than $25,000 must be | ||
published in the Procurement Bulletin within 7 days after | ||
the deed is recorded in the county of jurisdiction. The | ||
notice shall identify the real estate purchased, the names | ||
of all parties to the contract, the value of the contract, | ||
and the effective date of the contract.
| ||
(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement
actions, or investigations, | ||
provided
that the chief legal counsel to the Governor shall | ||
give his or her prior
approval when the procuring agency is | ||
one subject to the jurisdiction of the
Governor, and | ||
provided that the chief legal counsel of any other | ||
procuring
entity
subject to this Code shall give his or her | ||
prior approval when the procuring
entity is not one subject | ||
to the jurisdiction of the Governor.
| ||
(8) Contracts for
services to Northern Illinois | ||
University by a person, acting as
an independent | ||
contractor, who is qualified by education, experience, and
| ||
technical ability and is selected by negotiation for the | ||
purpose of providing
non-credit educational service | ||
activities or products by means of specialized
programs | ||
offered by the university.
| ||
(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
| ||
(10) Procurement expenditures by the Illinois Health | ||
Information Exchange Authority involving private funds |
from the Health Information Exchange Fund. "Private funds" | ||
means gifts, donations, and private grants. | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) Contracts for legal, financial, and other | ||
professional and artistic services entered into on or | ||
before December 31, 2018 by the Illinois Finance Authority | ||
in which the State of Illinois is not obligated. Such | ||
contracts shall be awarded through a competitive process | ||
authorized by the Board of the Illinois Finance Authority | ||
and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||
50-35, and 50-37 of this Code, as well as the final | ||
approval by the Board of the Illinois Finance Authority of | ||
the terms of the contract. | ||
Notwithstanding any other provision of law, contracts | ||
entered into under item (12) of this subsection (b) shall be | ||
published in the Procurement Bulletin within 14 days after | ||
contract execution. The chief procurement officer shall | ||
prescribe the form and content of the notice. The Illinois | ||
Finance Authority shall provide the chief procurement officer, | ||
on a monthly basis, in the form and content prescribed by the | ||
chief procurement officer, a report of contracts that are |
related to the procurement of goods and services identified in | ||
item (12) of this subsection (b). At a minimum, this report | ||
shall include the name of the contractor, a description of the | ||
supply or service provided, the total amount of the contract, | ||
the term of the contract, and the exception to the Code | ||
utilized. A copy of each of these contracts shall be made | ||
available to the chief procurement officer immediately upon | ||
request. The chief procurement officer shall submit a report to | ||
the Governor and General Assembly no later than November 1 of | ||
each year that shall include, at a minimum, an annual summary | ||
of the monthly information reported to the chief procurement | ||
officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois | ||
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related to | ||
the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power |
Agency Act, as required in subsection (h-3) of Section 9-220 of | ||
the Public Utilities Act, including calculating the range of | ||
capital costs, the range of operating and maintenance costs, or | ||
the sequestration costs or monitoring the construction of clean | ||
coal SNG brownfield facility for the full duration of | ||
construction. | ||
(f) This Code does not apply to the process used by the | ||
Illinois Power Agency to retain a mediator to mediate sourcing | ||
agreement disputes between gas utilities and the clean coal SNG | ||
brownfield facility, as defined in Section 1-10 of the Illinois | ||
Power Agency Act, as required under subsection (h-1) of Section | ||
9-220 of the Public Utilities Act. | ||
(g) This Code does not apply to the processes used by the | ||
Illinois Power Agency to retain a mediator to mediate contract | ||
disputes between gas utilities and the clean coal SNG facility | ||
and to retain an expert to assist in the review of contracts | ||
under subsection (h) of Section 9-220 of the Public Utilities | ||
Act. This Code does not apply to the process used by the | ||
Illinois Commerce Commission to retain an expert to assist in | ||
determining the actual incurred costs of the clean coal SNG | ||
facility and the reasonableness of those costs as required | ||
under subsection (h) of Section 9-220 of the Public Utilities | ||
Act. | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. |
(i) (h) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client | ||
privilege. | ||
(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; | ||
97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | ||
97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. | ||
8-3-12; revised 8-23-12.)
| ||
(30 ILCS 500/53-25)
| ||
Sec. 53-25. Public institutions of higher education. | ||
(a) Each public
institution of higher education may enter | ||
into concessions, including the
assignment, license, sale, or | ||
transfer of interests in or rights to
discoveries, inventions, | ||
patents, or copyrightable works, for property,
whether | ||
tangible or intangible, over which it has jurisdiction. | ||
Concessions
shall be reduced to writing and shall be awarded at | ||
the discretion of the
institution with jurisdiction over the | ||
property. The duration and terms of
concessions and leases | ||
shall be at the discretion of the institution with
jurisdiction | ||
over the property. Notice of the award of a concession shall be
| ||
published in the higher education volume of the Illinois | ||
Procurement Bulletin.
| ||
(b) The duration and terms of concessions and leases for | ||
personal property shall be at the discretion of the institution |
with jurisdiction over the property. | ||
(c) Notwithstanding any other provision of law, if the | ||
Illinois Finance Authority issues bonds for the financing of | ||
buildings, structures, or facilities that are determined by the | ||
governing board of a public institution of higher education to | ||
be either required by or necessary for the use or benefit of | ||
that public institution of higher education, then the duration | ||
of any lease for real property entered into by that public | ||
institution of higher education, as lessee or lessor, in | ||
connection with the issuance of those bonds shall be at the | ||
discretion of that public institution of higher education. | ||
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||
Section 20. The Illinois Municipal Code is amended by | ||
changing Section 11-20-12 as follows:
| ||
(65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
| ||
Sec. 11-20-12. Removal of infected trees. | ||
(a) The corporate authorities of each municipality may | ||
provide for the treatment or
removal of elm trees infected with | ||
Dutch elm disease or ash trees infected with the emerald ash | ||
borer (Agrilus planipennis Fairmaire) from any parcel of | ||
private property within the municipality if the owners of that | ||
parcel, after reasonable notice, refuse or neglect to treat or | ||
remove the infected trees. The municipality may collect, from | ||
the owners of the parcel, the reasonable removal cost. |
(b) The municipality's removal cost under this Section is a | ||
lien upon the underlying parcel in accordance with Section | ||
11-20-15. | ||
(c) For the purpose of this Section, "removal cost" means | ||
the total cost of the removal of the infected trees. | ||
"Treatment" means the administration, by environmentally | ||
sensitive processes and methods, of products and materials | ||
proven by academic research to protect elm and ash trees from | ||
an invasive disease in order to prevent or reverse the damage | ||
and preserve the trees.
| ||
(d) In the case of an abandoned residential property as | ||
defined in Section 11-20-15.1, the municipality may elect to | ||
obtain a lien for the removal cost pursuant to Section | ||
11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||
shall be the exclusive remedy for the removal cost. | ||
The provisions of this subsection (d), other than this | ||
sentence, are inoperative upon certification by the Secretary | ||
of the Illinois Department of Financial and Professional | ||
Regulation, after consultation with the United States | ||
Department of Housing and Urban Development, that the Mortgage | ||
Electronic Registration System program is effectively | ||
registering substantially all mortgaged residential properties | ||
located in the State of Illinois, is available for access by | ||
all municipalities located in the State of Illinois without | ||
charge to them, and such registration includes the telephone | ||
number for the mortgage servicer. |
(Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; | ||
96-856, eff. 3-1-10.)
| ||
Section 25. The Public Utilities Act is amended by changing | ||
Sections 8-103 and 8-104 as follows:
| ||
(220 ILCS 5/8-103)
| ||
Sec. 8-103. Energy efficiency and demand-response | ||
measures. | ||
(a) It is the policy of the State that electric utilities | ||
are required to use cost-effective energy efficiency and | ||
demand-response measures to reduce delivery load. Requiring | ||
investment in cost-effective energy efficiency and | ||
demand-response measures will reduce direct and indirect costs | ||
to consumers by decreasing environmental impacts and by | ||
avoiding or delaying the need for new generation, transmission, | ||
and distribution infrastructure. It serves the public interest | ||
to allow electric utilities to recover costs for reasonably and | ||
prudently incurred expenses for energy efficiency and | ||
demand-response measures. As used in this Section, | ||
"cost-effective" means that the measures satisfy the total | ||
resource cost test. The low-income measures described in | ||
subsection (f)(4) of this Section shall not be required to meet | ||
the total resource cost test. For purposes of this Section, the | ||
terms "energy-efficiency", "demand-response", "electric | ||
utility", and "total resource cost test" shall have the |
meanings set forth in the Illinois Power Agency Act. For | ||
purposes of this Section, the amount per kilowatthour means the | ||
total amount paid for electric service expressed on a per | ||
kilowatthour basis. For purposes of this Section, the total | ||
amount paid for electric service includes without limitation | ||
estimated amounts paid for supply, transmission, distribution, | ||
surcharges, and add-on-taxes. | ||
(b) Electric utilities shall implement cost-effective | ||
energy efficiency measures to meet the following incremental | ||
annual energy savings goals: | ||
(1) 0.2% of energy delivered in the year commencing | ||
June 1, 2008; | ||
(2) 0.4% of energy delivered in the year commencing | ||
June 1, 2009; | ||
(3) 0.6% of energy delivered in the year commencing | ||
June 1, 2010; | ||
(4) 0.8% of energy delivered in the year commencing | ||
June 1, 2011; | ||
(5) 1% of energy delivered in the year commencing June | ||
1, 2012; | ||
(6) 1.4% of energy delivered in the year commencing | ||
June 1, 2013; | ||
(7) 1.8% of energy delivered in the year commencing | ||
June 1, 2014; and | ||
(8) 2% of energy delivered in the year commencing June | ||
1, 2015 and each year thereafter. |
Electric utilities may comply with this subsection (b) by | ||
meeting the annual incremental savings goal in the applicable | ||
year or by showing that the total cumulative annual savings | ||
within a 3-year planning period associated with measures | ||
implemented after May 31, 2014 was equal to the sum of each | ||
annual incremental savings requirement from May 31, 2014 | ||
through the end of the applicable year. | ||
(c) Electric utilities shall implement cost-effective | ||
demand-response measures to reduce peak demand by 0.1% over the | ||
prior year for eligible retail customers, as defined in Section | ||
16-111.5 of this Act, and for customers that elect hourly | ||
service from the utility pursuant to Section 16-107 of this | ||
Act, provided those customers have not been declared | ||
competitive. This requirement commences June 1, 2008 and | ||
continues for 10 years. | ||
(d) Notwithstanding the requirements of subsections (b) | ||
and (c) of this Section, an electric utility shall reduce the | ||
amount of energy efficiency and demand-response measures | ||
implemented over a 3-year planning period in any single year by | ||
an amount necessary to limit the estimated average annual | ||
increase in the amounts paid by retail customers in connection | ||
with electric service due to the cost of those measures to: | ||
(1) in 2008, no more than 0.5% of the amount paid per | ||
kilowatthour by those customers during the year ending May | ||
31, 2007; | ||
(2) in 2009, the greater of an additional 0.5% of the |
amount paid per kilowatthour by those customers during the | ||
year ending May 31, 2008 or 1% of the amount paid per | ||
kilowatthour by those customers during the year ending May | ||
31, 2007; | ||
(3) in 2010, the greater of an additional 0.5% of the | ||
amount paid per kilowatthour by those customers during the | ||
year ending May 31, 2009 or 1.5% of the amount paid per | ||
kilowatthour by those customers during the year ending May | ||
31, 2007; | ||
(4) in 2011, the greater of an additional 0.5% of the | ||
amount paid per kilowatthour by those customers during the | ||
year ending May 31, 2010 or 2% of the amount paid per | ||
kilowatthour by those customers during the year ending May | ||
31, 2007; and
| ||
(5) thereafter, the amount of energy efficiency and | ||
demand-response measures implemented for any single year | ||
shall be reduced by an amount necessary to limit the | ||
estimated average net increase due to the cost of these | ||
measures included in the amounts paid by eligible retail | ||
customers in connection with electric service to no more | ||
than the greater of 2.015% of the amount paid per | ||
kilowatthour by those customers during the year ending May | ||
31, 2007 or the incremental amount per kilowatthour paid | ||
for these measures in 2011.
| ||
No later than June 30, 2011, the Commission shall review | ||
the limitation on the amount of energy efficiency and |
demand-response measures implemented pursuant to this Section | ||
and report to the General Assembly its findings as to whether | ||
that limitation unduly constrains the procurement of energy | ||
efficiency and demand-response measures. | ||
(e) Electric utilities shall be responsible for overseeing | ||
the design, development, and filing of energy efficiency and | ||
demand-response plans with the Commission. Electric utilities | ||
shall implement 100% of the demand-response measures in the | ||
plans. Electric utilities shall implement 75% of the energy | ||
efficiency measures approved by the Commission, and may, as | ||
part of that implementation, outsource various aspects of | ||
program development and implementation. The remaining 25% of | ||
those energy efficiency measures approved by the Commission | ||
shall be implemented by the Department of Commerce and Economic | ||
Opportunity, and must be designed in conjunction with the | ||
utility and the filing process. The Department may outsource | ||
development and implementation of energy efficiency measures. | ||
A minimum of 10% of the entire portfolio of cost-effective | ||
energy efficiency measures shall be procured from units of | ||
local government, municipal corporations, school districts, | ||
and community college districts. The Department shall | ||
coordinate the implementation of these measures. | ||
The apportionment of the dollars to cover the costs to | ||
implement the Department's share of the portfolio of energy | ||
efficiency measures shall be made to the Department once the | ||
Department has executed rebate agreements, grants, or |
contracts for energy efficiency measures and provided | ||
supporting documentation for those rebate agreements, grants, | ||
and contracts to the utility. The Department is authorized to | ||
adopt any rules necessary and prescribe procedures in order to | ||
ensure compliance by applicants in carrying out the purposes of | ||
rebate agreements for energy efficiency measures implemented | ||
by the Department made under this Section. | ||
The details of the measures implemented by the Department | ||
shall be submitted by the Department to the Commission in | ||
connection with the utility's filing regarding the energy | ||
efficiency and demand-response measures that the utility | ||
implements. | ||
A utility providing approved energy efficiency and | ||
demand-response measures in the State shall be permitted to | ||
recover costs of those measures through an automatic adjustment | ||
clause tariff filed with and approved by the Commission. The | ||
tariff shall be established outside the context of a general | ||
rate case. Each year the Commission shall initiate a review to | ||
reconcile any amounts collected with the actual costs and to | ||
determine the required adjustment to the annual tariff factor | ||
to match annual expenditures. | ||
Each utility shall include, in its recovery of costs, the | ||
costs estimated for both the utility's and the Department's | ||
implementation of energy efficiency and demand-response | ||
measures. Costs collected by the utility for measures | ||
implemented by the Department shall be submitted to the |
Department pursuant to Section 605-323 of the Civil | ||
Administrative Code of Illinois, shall be deposited into the | ||
Energy Efficiency Portfolio Standards Fund, and shall be used | ||
by the Department solely for the purpose of implementing these | ||
measures. A utility shall not be required to advance any moneys | ||
to the Department but only to forward such funds as it has | ||
collected. The Department shall report to the Commission on an | ||
annual basis regarding the costs actually incurred by the | ||
Department in the implementation of the measures. Any changes | ||
to the costs of energy efficiency measures as a result of plan | ||
modifications shall be appropriately reflected in amounts | ||
recovered by the utility and turned over to the Department. | ||
The portfolio of measures, administered by both the | ||
utilities and the Department, shall, in combination, be | ||
designed to achieve the annual savings targets described in | ||
subsections (b) and (c) of this Section, as modified by | ||
subsection (d) of this Section. | ||
The utility and the Department shall agree upon a | ||
reasonable portfolio of measures and determine the measurable | ||
corresponding percentage of the savings goals associated with | ||
measures implemented by the utility or Department. | ||
No utility shall be assessed a penalty under subsection (f) | ||
of this Section for failure to make a timely filing if that | ||
failure is the result of a lack of agreement with the | ||
Department with respect to the allocation of responsibilities | ||
or related costs or target assignments. In that case, the |
Department and the utility shall file their respective plans | ||
with the Commission and the Commission shall determine an | ||
appropriate division of measures and programs that meets the | ||
requirements of this Section. | ||
If the Department is unable to meet incremental annual | ||
performance goals for the portion of the portfolio implemented | ||
by the Department, then the utility and the Department shall | ||
jointly submit a modified filing to the Commission explaining | ||
the performance shortfall and recommending an appropriate | ||
course going forward, including any program modifications that | ||
may be appropriate in light of the evaluations conducted under | ||
item (7) of subsection (f) of this Section. In this case, the | ||
utility obligation to collect the Department's costs and turn | ||
over those funds to the Department under this subsection (e) | ||
shall continue only if the Commission approves the | ||
modifications to the plan proposed by the Department. | ||
(f) No later than November 15, 2007, each electric utility | ||
shall file an energy efficiency and demand-response plan with | ||
the Commission to meet the energy efficiency and | ||
demand-response standards for 2008 through 2010. No later than | ||
October 1, 2010, each electric utility shall file an energy | ||
efficiency and demand-response plan with the Commission to meet | ||
the energy efficiency and demand-response standards for 2011 | ||
through 2013. Every 3 years thereafter, each electric utility | ||
shall file, no later than September 1, an energy efficiency and | ||
demand-response plan with the Commission. If a utility does not |
file such a plan by September 1 of an applicable year, it shall | ||
face a penalty of $100,000 per day until the plan is filed. | ||
Each utility's plan shall set forth the utility's proposals to | ||
meet the utility's portion of the energy efficiency standards | ||
identified in subsection (b) and the demand-response standards | ||
identified in subsection (c) of this Section as modified by | ||
subsections (d) and (e), taking into account the unique | ||
circumstances of the utility's service territory. The | ||
Commission shall seek public comment on the utility's plan and | ||
shall issue an order approving or disapproving each plan within | ||
5 months after its submission. If the Commission disapproves a | ||
plan, the Commission shall, within 30 days, describe in detail | ||
the reasons for the disapproval and describe a path by which | ||
the utility may file a revised draft of the plan to address the | ||
Commission's concerns satisfactorily. If the utility does not | ||
refile with the Commission within 60 days, the utility shall be | ||
subject to penalties at a rate of $100,000 per day until the | ||
plan is filed. This process shall continue, and penalties shall | ||
accrue, until the utility has successfully filed a portfolio of | ||
energy efficiency and demand-response measures. Penalties | ||
shall be deposited into the Energy Efficiency Trust Fund. In | ||
submitting proposed energy efficiency and demand-response | ||
plans and funding levels to meet the savings goals adopted by | ||
this Act the utility shall: | ||
(1) Demonstrate that its proposed energy efficiency | ||
and demand-response measures will achieve the requirements |
that are identified in subsections (b) and (c) of this | ||
Section, as modified by subsections (d) and (e). | ||
(2) Present specific proposals to implement new | ||
building and appliance standards that have been placed into | ||
effect. | ||
(3) Present estimates of the total amount paid for | ||
electric service expressed on a per kilowatthour basis | ||
associated with the proposed portfolio of measures | ||
designed to meet the requirements that are identified in | ||
subsections (b) and (c) of this Section, as modified by | ||
subsections (d) and (e). | ||
(4) Coordinate with the Department to present a | ||
portfolio of energy efficiency measures proportionate to | ||
the share of total annual utility revenues in Illinois from | ||
households at or below 150% of the poverty level. The | ||
energy efficiency programs shall be targeted to households | ||
with incomes at or below 80% of area median income. | ||
(5) Demonstrate that its overall portfolio of energy | ||
efficiency and demand-response measures, not including | ||
programs covered by item (4) of this subsection (f), are | ||
cost-effective using the total resource cost test and | ||
represent a diverse cross-section of opportunities for | ||
customers of all rate classes to participate in the | ||
programs. | ||
(6) Include a proposed cost-recovery tariff mechanism | ||
to fund the proposed energy efficiency and demand-response |
measures and to ensure the recovery of the prudently and | ||
reasonably incurred costs of Commission-approved programs. | ||
(7) Provide for an annual independent evaluation of the | ||
performance of the cost-effectiveness of the utility's | ||
portfolio of measures and the Department's portfolio of | ||
measures, as well as a full review of the 3-year results of | ||
the broader net program impacts and, to the extent | ||
practical, for adjustment of the measures on a | ||
going-forward basis as a result of the evaluations. The | ||
resources dedicated to evaluation shall not exceed 3% of | ||
portfolio resources in any given year. | ||
(g) No more than 3% of energy efficiency and | ||
demand-response program revenue may be allocated for | ||
demonstration of breakthrough equipment and devices. | ||
(h) This Section does not apply to an electric utility that | ||
on December 31, 2005 provided electric service to fewer than | ||
100,000 customers in Illinois. | ||
(i) If, after 2 years, an electric utility fails to meet | ||
the efficiency standard specified in subsection (b) of this | ||
Section, as modified by subsections (d) and (e), it shall make | ||
a contribution to the Low-Income Home Energy Assistance | ||
Program. The combined total liability for failure to meet the | ||
goal shall be $1,000,000, which shall be assessed as follows: a | ||
large electric utility shall pay $665,000, and a medium | ||
electric utility shall pay $335,000. If, after 3 years, an | ||
electric utility fails to meet the efficiency standard |
specified in subsection (b) of this Section, as modified by | ||
subsections (d) and (e), it shall make a contribution to the | ||
Low-Income Home Energy Assistance Program. The combined total | ||
liability for failure to meet the goal shall be $1,000,000, | ||
which shall be assessed as follows: a large electric utility | ||
shall pay $665,000, and a medium electric utility shall pay | ||
$335,000. In addition, the responsibility for implementing the | ||
energy efficiency measures of the utility making the payment | ||
shall be transferred to the Illinois Power Agency if, after 3 | ||
years, or in any subsequent 3-year period, the utility fails to | ||
meet the efficiency standard specified in subsection (b) of | ||
this Section, as modified by subsections (d) and (e). The | ||
Agency shall implement a competitive procurement program to | ||
procure resources necessary to meet the standards specified in | ||
this Section as modified by subsections (d) and (e), with costs | ||
for those resources to be recovered in the same manner as | ||
products purchased through the procurement plan as provided in | ||
Section 16-111.5. The Director shall implement this | ||
requirement in connection with the procurement plan as provided | ||
in Section 16-111.5. | ||
For purposes of this Section, (i) a "large electric | ||
utility" is an electric utility that, on December 31, 2005, | ||
served more than 2,000,000 electric customers in Illinois; (ii) | ||
a "medium electric utility" is an electric utility that, on | ||
December 31, 2005, served 2,000,000 or fewer but more than | ||
100,000 electric customers in Illinois; and (iii) Illinois |
electric utilities that are affiliated by virtue of a common | ||
parent company are considered a single electric utility. | ||
(j) If, after 3 years, or any subsequent 3-year period, the | ||
Department fails to implement the Department's share of energy | ||
efficiency measures required by the standards in subsection | ||
(b), then the Illinois Power Agency may assume responsibility | ||
for and control of the Department's share of the required | ||
energy efficiency measures. The Agency shall implement a | ||
competitive procurement program to procure resources necessary | ||
to meet the standards specified in this Section, with the costs | ||
of these resources to be recovered in the same manner as | ||
provided for the Department in this Section.
| ||
(k) No electric utility shall be deemed to have failed to | ||
meet the energy efficiency standards to the extent any such | ||
failure is due to a failure of the Department or the Agency.
| ||
(Source: P.A. 96-33, eff. 7-10-09; 96-159, eff. 8-10-09; | ||
96-1000, eff. 7-2-10; 97-616, eff. 10-26-11; 97-841, eff. | ||
7-20-12.)
| ||
(220 ILCS 5/8-104)
| ||
Sec. 8-104. Natural gas energy efficiency programs. | ||
(a) It is the policy of the State that natural gas | ||
utilities and the Department of Commerce and Economic | ||
Opportunity are required to use cost-effective energy | ||
efficiency to reduce direct and indirect costs to consumers. It | ||
serves the public interest to allow natural gas utilities to |
recover costs for reasonably and prudently incurred expenses | ||
for cost-effective energy efficiency measures. | ||
(b) For purposes of this Section, "energy efficiency" means | ||
measures that reduce the amount of energy required to achieve a | ||
given end use . "Energy efficiency" also includes measures that | ||
reduce the total Btus of electricity and natural gas needed to | ||
meet the end use or uses. "Cost-effective" and "cost-effective" | ||
means that the measures satisfy the total resource cost test | ||
which, for purposes of this Section, means a standard that is | ||
met if, for an investment in energy efficiency, the | ||
benefit-cost ratio is greater than one. The benefit-cost ratio | ||
is the ratio of the net present value of the total benefits of | ||
the measures to the net present value of the total costs as | ||
calculated over the lifetime of the measures. The total | ||
resource cost test compares the sum of avoided natural gas | ||
utility costs, representing the benefits that accrue to the | ||
system and the participant in the delivery of those efficiency | ||
measures, as well as other quantifiable societal benefits, | ||
including avoided electric utility costs, to the sum of all | ||
incremental costs of end use measures (including both utility | ||
and participant contributions), plus costs to administer, | ||
deliver, and evaluate each demand-side measure, to quantify the | ||
net savings obtained by substituting demand-side measures for | ||
supply resources. In calculating avoided costs, reasonable | ||
estimates shall be included for financial costs likely to be | ||
imposed by future regulation of emissions of greenhouse gases. |
The low-income programs described in item (4) of subsection (f) | ||
of this Section shall not be required to meet the total | ||
resource cost test. | ||
(c) Natural gas utilities shall implement cost-effective | ||
energy efficiency measures to meet at least the following | ||
natural gas savings requirements, which shall be based upon the | ||
total amount of gas delivered to retail customers, other than | ||
the customers described in subsection (m) of this Section, | ||
during calendar year 2009 multiplied by the applicable | ||
percentage. Natural gas utilities may comply with this Section | ||
by meeting the annual incremental savings goal in the | ||
applicable year or by showing that total cumulative annual | ||
savings within a 3-year planning period associated with | ||
measures implemented after May 31, 2011 were equal to the sum | ||
of each annual incremental savings requirement from May 31, | ||
2011 through the end of the applicable year: | ||
(1) 0.2% by May 31, 2012; | ||
(2) an additional 0.4% by May 31, 2013, increasing | ||
total savings to .6%; | ||
(3) an additional 0.6% by May 31, 2014, increasing | ||
total savings to 1.2%; | ||
(4) an additional 0.8% by May 31, 2015, increasing | ||
total savings to 2.0%; | ||
(5) an additional 1% by May 31, 2016, increasing total | ||
savings to 3.0%; | ||
(6) an additional 1.2% by May 31, 2017, increasing |
total savings to 4.2%; | ||
(7) an additional 1.4% by May 31, 2018, increasing | ||
total savings to 5.6%; | ||
(8) an additional 1.5% by May 31, 2019, increasing | ||
total savings to 7.1%; and | ||
(9) an additional 1.5% in each 12-month period | ||
thereafter. | ||
(d) Notwithstanding the requirements of subsection (c) of | ||
this Section, a natural gas utility shall limit the amount of | ||
energy efficiency implemented in any 3-year reporting period | ||
established by subsection (f) of Section 8-104 of this Act, by | ||
an amount necessary to limit the estimated average increase in | ||
the amounts paid by retail customers in connection with natural | ||
gas service to no more than 2% in the applicable 3-year | ||
reporting period. The energy savings requirements in | ||
subsection (c) of this Section may be reduced by the Commission | ||
for the subject plan, if the utility demonstrates by | ||
substantial evidence that it is highly unlikely that the | ||
requirements could be achieved without exceeding the | ||
applicable spending limits in any 3-year reporting period. No | ||
later than September 1, 2013, the Commission shall review the | ||
limitation on the amount of energy efficiency measures | ||
implemented pursuant to this Section and report to the General | ||
Assembly, in the report required by subsection (k) of this | ||
Section, its findings as to whether that limitation unduly | ||
constrains the procurement of energy efficiency measures. |
(e) Natural gas utilities shall be responsible for | ||
overseeing the design, development, and filing of their | ||
efficiency plans with the Commission. The utility shall utilize | ||
75% of the available funding associated with energy efficiency | ||
programs approved by the Commission, and may outsource various | ||
aspects of program development and implementation. The | ||
remaining 25% of available funding shall be used by the | ||
Department of Commerce and Economic Opportunity to implement | ||
energy efficiency measures that achieve no less than 20% of the | ||
requirements of subsection (c) of this Section. Such measures | ||
shall be designed in conjunction with the utility and approved | ||
by the Commission. The Department may outsource development and | ||
implementation of energy efficiency measures. A minimum of 10% | ||
of the entire portfolio of cost-effective energy efficiency | ||
measures shall be procured from local government, municipal | ||
corporations, school districts, and community college | ||
districts. Five percent of the entire portfolio of | ||
cost-effective energy efficiency measures may be granted to | ||
local government and municipal corporations for market | ||
transformation initiatives. The Department shall coordinate | ||
the implementation of these measures and shall integrate | ||
delivery of natural gas efficiency programs with electric | ||
efficiency programs delivered pursuant to Section 8-103 of this | ||
Act, unless the Department can show that integration is not | ||
feasible. | ||
The apportionment of the dollars to cover the costs to |
implement the Department's share of the portfolio of energy | ||
efficiency measures shall be made to the Department once the | ||
Department has executed rebate agreements, grants, or | ||
contracts for energy efficiency measures and provided | ||
supporting documentation for those rebate agreements, grants, | ||
and contracts to the utility. The Department is authorized to | ||
adopt any rules necessary and prescribe procedures in order to | ||
ensure compliance by applicants in carrying out the purposes of | ||
rebate agreements for energy efficiency measures implemented | ||
by the Department made under this Section. | ||
The details of the measures implemented by the Department | ||
shall be submitted by the Department to the Commission in | ||
connection with the utility's filing regarding the energy | ||
efficiency measures that the utility implements. | ||
A utility providing approved energy efficiency measures in | ||
this State shall be permitted to recover costs of those | ||
measures through an automatic adjustment clause tariff filed | ||
with and approved by the Commission. The tariff shall be | ||
established outside the context of a general rate case and | ||
shall be applicable to the utility's customers other than the | ||
customers described in subsection (m) of this Section. Each | ||
year the Commission shall initiate a review to reconcile any | ||
amounts collected with the actual costs and to determine the | ||
required adjustment to the annual tariff factor to match annual | ||
expenditures. | ||
Each utility shall include, in its recovery of costs, the |
costs estimated for both the utility's and the Department's | ||
implementation of energy efficiency measures. Costs collected | ||
by the utility for measures implemented by the Department shall | ||
be submitted to the Department pursuant to Section 605-323 of | ||
the Civil Administrative Code of Illinois, shall be deposited | ||
into the Energy Efficiency Portfolio Standards Fund, and shall | ||
be used by the Department solely for the purpose of | ||
implementing these measures. A utility shall not be required to | ||
advance any moneys to the Department but only to forward such | ||
funds as it has collected. The Department shall report to the | ||
Commission on an annual basis regarding the costs actually | ||
incurred by the Department in the implementation of the | ||
measures. Any changes to the costs of energy efficiency | ||
measures as a result of plan modifications shall be | ||
appropriately reflected in amounts recovered by the utility and | ||
turned over to the Department. | ||
The portfolio of measures, administered by both the | ||
utilities and the Department, shall, in combination, be | ||
designed to achieve the annual energy savings requirements set | ||
forth in subsection (c) of this Section, as modified by | ||
subsection (d) of this Section. | ||
The utility and the Department shall agree upon a | ||
reasonable portfolio of measures and determine the measurable | ||
corresponding percentage of the savings goals associated with | ||
measures implemented by the Department. | ||
No utility shall be assessed a penalty under subsection (f) |
of this Section for failure to make a timely filing if that | ||
failure is the result of a lack of agreement with the | ||
Department with respect to the allocation of responsibilities | ||
or related costs or target assignments. In that case, the | ||
Department and the utility shall file their respective plans | ||
with the Commission and the Commission shall determine an | ||
appropriate division of measures and programs that meets the | ||
requirements of this Section. | ||
If the Department is unable to meet performance | ||
requirements for the portion of the portfolio implemented by | ||
the Department, then the utility and the Department shall | ||
jointly submit a modified filing to the Commission explaining | ||
the performance shortfall and recommending an appropriate | ||
course going forward, including any program modifications that | ||
may be appropriate in light of the evaluations conducted under | ||
item (8) of subsection (f) of this Section. In this case, the | ||
utility obligation to collect the Department's costs and turn | ||
over those funds to the Department under this subsection (e) | ||
shall continue only if the Commission approves the | ||
modifications to the plan proposed by the Department. | ||
(f) No later than October 1, 2010, each gas utility shall | ||
file an energy efficiency plan with the Commission to meet the | ||
energy efficiency standards through May 31, 2014. Every 3 years | ||
thereafter, each utility shall file, no later than October 1, | ||
an energy efficiency plan with the Commission. If a utility | ||
does not file such a plan by October 1 of the applicable year, |
then it shall face a penalty of $100,000 per day until the plan | ||
is filed. Each utility's plan shall set forth the utility's | ||
proposals to meet the utility's portion of the energy | ||
efficiency standards identified in subsection (c) of this | ||
Section, as modified by subsection (d) of this Section, taking | ||
into account the unique circumstances of the utility's service | ||
territory. The Commission shall seek public comment on the | ||
utility's plan and shall issue an order approving or | ||
disapproving each plan. If the Commission disapproves a plan, | ||
the Commission shall, within 30 days, describe in detail the | ||
reasons for the disapproval and describe a path by which the | ||
utility may file a revised draft of the plan to address the | ||
Commission's concerns satisfactorily. If the utility does not | ||
refile with the Commission within 60 days after the | ||
disapproval, the utility shall be subject to penalties at a | ||
rate of $100,000 per day until the plan is filed. This process | ||
shall continue, and penalties shall accrue, until the utility | ||
has successfully filed a portfolio of energy efficiency | ||
measures. Penalties shall be deposited into the Energy | ||
Efficiency Trust Fund and the cost of any such penalties may | ||
not be recovered from ratepayers. In submitting proposed energy | ||
efficiency plans and funding levels to meet the savings goals | ||
adopted by this Act the utility shall: | ||
(1) Demonstrate that its proposed energy efficiency | ||
measures will achieve the requirements that are identified | ||
in subsection (c) of this Section, as modified by |
subsection (d) of this Section. | ||
(2) Present specific proposals to implement new | ||
building and appliance standards that have been placed into | ||
effect. | ||
(3) Present estimates of the total amount paid for gas | ||
service expressed on a per therm basis associated with the | ||
proposed portfolio of measures designed to meet the | ||
requirements that are identified in subsection (c) of this | ||
Section, as modified by subsection (d) of this Section. | ||
(4) Coordinate with the Department to present a | ||
portfolio of energy efficiency measures proportionate to | ||
the share of total annual utility revenues in Illinois from | ||
households at or below 150% of the poverty level. Such | ||
programs shall be targeted to households with incomes at or | ||
below 80% of area median income. | ||
(5) Demonstrate that its overall portfolio of energy | ||
efficiency measures, not including programs covered by | ||
item (4) of this subsection (f), are cost-effective using | ||
the total resource cost test and represent a diverse cross | ||
section of opportunities for customers of all rate classes | ||
to participate in the programs. | ||
(6) Demonstrate that a gas utility affiliated with an | ||
electric utility that is required to comply with Section | ||
8-103 of this Act has integrated gas and electric | ||
efficiency measures into a single program that reduces | ||
program or participant costs and appropriately allocates |
costs to gas and electric ratepayers. The Department shall | ||
integrate all gas and electric programs it delivers in any | ||
such utilities' service territories, unless the Department | ||
can show that integration is not feasible or appropriate. | ||
(7) Include a proposed cost recovery tariff mechanism | ||
to fund the proposed energy efficiency measures and to | ||
ensure the recovery of the prudently and reasonably | ||
incurred costs of Commission-approved programs. | ||
(8) Provide for quarterly status reports tracking | ||
implementation of and expenditures for the utility's | ||
portfolio of measures and the Department's portfolio of | ||
measures, an annual independent review, and a full | ||
independent evaluation of the 3-year results of the | ||
performance and the cost-effectiveness of the utility's | ||
and Department's portfolios of measures and broader net | ||
program impacts and, to the extent practical, for | ||
adjustment of the measures on a going forward basis as a | ||
result of the evaluations. The resources dedicated to | ||
evaluation shall not exceed 3% of portfolio resources in | ||
any given 3-year period. | ||
(g) No more than 3% of expenditures on energy efficiency | ||
measures may be allocated for demonstration of breakthrough | ||
equipment and devices. | ||
(h) Illinois natural gas utilities that are affiliated by | ||
virtue of a common parent company may, at the utilities' | ||
request, be considered a single natural gas utility for |
purposes of complying with this Section. | ||
(i) If, after 3 years, a gas utility fails to meet the | ||
efficiency standard specified in subsection (c) of this Section | ||
as modified by subsection (d), then it shall make a | ||
contribution to the Low-Income Home Energy Assistance Program. | ||
The total liability for failure to meet the goal shall be | ||
assessed as follows: | ||
(1) a large gas utility shall pay $600,000; | ||
(2) a medium gas utility shall pay $400,000; and | ||
(3) a small gas utility shall pay $200,000. | ||
For purposes of this Section, (i) a "large gas utility" is | ||
a gas utility that on December 31, 2008, served more than | ||
1,500,000 gas customers in Illinois; (ii) a "medium gas | ||
utility" is a gas utility that on December 31, 2008, served | ||
fewer than 1,500,000, but more than 500,000 gas customers in | ||
Illinois; and (iii) a "small gas utility" is a gas utility that | ||
on December 31, 2008, served fewer than 500,000 and more than | ||
100,000 gas customers in Illinois. The costs of this | ||
contribution may not be recovered from ratepayers. | ||
If a gas utility fails to meet the efficiency standard | ||
specified in subsection (c) of this Section, as modified by | ||
subsection (d) of this Section, in any 2 consecutive 3-year | ||
planning periods, then the responsibility for implementing the | ||
utility's energy efficiency measures shall be transferred to an | ||
independent program administrator selected by the Commission. | ||
Reasonable and prudent costs incurred by the independent |
program administrator to meet the efficiency standard | ||
specified in subsection (c) of this Section, as modified by | ||
subsection (d) of this Section, may be recovered from the | ||
customers of the affected gas utilities, other than customers | ||
described in subsection (m) of this Section. The utility shall | ||
provide the independent program administrator with all | ||
information and assistance necessary to perform the program | ||
administrator's duties including but not limited to customer, | ||
account, and energy usage data, and shall allow the program | ||
administrator to include inserts in customer bills. The utility | ||
may recover reasonable costs associated with any such | ||
assistance. | ||
(j) No utility shall be deemed to have failed to meet the | ||
energy efficiency standards to the extent any such failure is | ||
due to a failure of the Department. | ||
(k) Not later than January 1, 2012, the Commission shall | ||
develop and solicit public comment on a plan to foster | ||
statewide coordination and consistency between statutorily | ||
mandated natural gas and electric energy efficiency programs to | ||
reduce program or participant costs or to improve program | ||
performance. Not later than September 1, 2013, the Commission | ||
shall issue a report to the General Assembly containing its | ||
findings and recommendations. | ||
(l) This Section does not apply to a gas utility that on | ||
January 1, 2009, provided gas service to fewer than 100,000 | ||
customers in Illinois. |
(m) Subsections (a) through (k) of this Section do not | ||
apply to customers of a natural gas utility that have a North | ||
American Industry Classification System code number that is | ||
22111 or any such code number beginning with the digits 31, 32, | ||
or 33 and (i) annual usage in the aggregate of 4 million therms | ||
or more within the service territory of the affected gas | ||
utility or with aggregate usage of 8 million therms or more in | ||
this State and complying with the provisions of item (l) of | ||
this subsection (m); or (ii) using natural gas as feedstock and | ||
meeting the usage requirements described in item (i) of this | ||
subsection (m), to the extent such annual feedstock usage is | ||
greater than 60% of the customer's total annual usage of | ||
natural gas. | ||
(1) Customers described in this subsection (m) of this | ||
Section shall apply, on a form approved on or before | ||
October 1, 2009 by the Department, to the Department to be | ||
designated as a self-directing customer ("SDC") or as an | ||
exempt customer using natural gas as a feedstock from which | ||
other products are made, including, but not limited to, | ||
feedstock for a hydrogen plant, on or before the 1st day of | ||
February, 2010. Thereafter, application may be made not | ||
less than 6 months before the filing date of the gas | ||
utility energy efficiency plan described in subsection (f) | ||
of this Section; however, a new customer that commences | ||
taking service from a natural gas utility after February 1, | ||
2010 may apply to become a SDC or exempt customer up to 30 |
days after beginning service. Such application shall | ||
contain the following: | ||
(A) the customer's certification that, at the time | ||
of its application, it qualifies to be a SDC or exempt | ||
customer described in this subsection (m) of this | ||
Section; | ||
(B) in the case of a SDC, the customer's | ||
certification that it has established or will | ||
establish by the beginning of the utility's 3-year | ||
planning period commencing subsequent to the | ||
application, and will maintain for accounting | ||
purposes, an energy efficiency reserve account and | ||
that the customer will accrue funds in said account to | ||
be held for the purpose of funding, in whole or in | ||
part, energy efficiency measures of the customer's | ||
choosing, which may include, but are not limited to, | ||
projects involving combined heat and power systems | ||
that use the same energy source both for the generation | ||
of electrical or mechanical power and the production of | ||
steam or another form of useful thermal energy or the | ||
use of combustible gas produced from biomass, or both; | ||
(C) in the case of a SDC, the customer's | ||
certification that annual funding levels for the | ||
energy efficiency reserve account will be equal to 2% | ||
of the customer's cost of natural gas, composed of the | ||
customer's commodity cost and the delivery service |
charges paid to the gas utility, or $150,000, whichever | ||
is less; | ||
(D) in the case of a SDC, the customer's | ||
certification that the required reserve account | ||
balance will be capped at 3 years' worth of accruals | ||
and that the customer may, at its option, make further | ||
deposits to the account to the extent such deposit | ||
would increase the reserve account balance above the | ||
designated cap level; | ||
(E) in the case of a SDC, the customer's | ||
certification that by October 1 of each year, beginning | ||
no sooner than October 1, 2012, the customer will | ||
report to the Department information, for the 12-month | ||
period ending May 31 of the same year, on all deposits | ||
and reductions, if any, to the reserve account during | ||
the reporting year, and to the extent deposits to the | ||
reserve account in any year are in an amount less than | ||
$150,000, the basis for such reduced deposits; reserve | ||
account balances by month; a description of energy | ||
efficiency measures undertaken by the customer and | ||
paid for in whole or in part with funds from the | ||
reserve account; an estimate of the energy saved, or to | ||
be saved, by the measure; and that the report shall | ||
include a verification by an officer or plant manager | ||
of the customer or by a registered professional | ||
engineer or certified energy efficiency trade |
professional that the funds withdrawn from the reserve | ||
account were used for the energy efficiency measures; | ||
(F) in the case of an exempt customer, the | ||
customer's certification of the level of gas usage as | ||
feedstock in the customer's operation in a typical year | ||
and that it will provide information establishing this | ||
level, upon request of the Department; | ||
(G) in the case of either an exempt customer or a | ||
SDC, the customer's certification that it has provided | ||
the gas utility or utilities serving the customer with | ||
a copy of the application as filed with the Department; | ||
(H) in the case of either an exempt customer or a | ||
SDC, certification of the natural gas utility or | ||
utilities serving the customer in Illinois including | ||
the natural gas utility accounts that are the subject | ||
of the application; and | ||
(I) in the case of either an exempt customer or a | ||
SDC, a verification signed by a plant manager or an | ||
authorized corporate officer attesting to the | ||
truthfulness and accuracy of the information contained | ||
in the application. | ||
(2) The Department shall review the application to | ||
determine that it contains the information described in | ||
provisions (A) through (I) of item (1) of this subsection | ||
(m), as applicable. The review shall be completed within 30 | ||
days after the date the application is filed with the |
Department. Absent a determination by the Department | ||
within the 30-day period, the applicant shall be considered | ||
to be a SDC or exempt customer, as applicable, for all | ||
subsequent 3-year planning periods, as of the date of | ||
filing the application described in this subsection (m). If | ||
the Department determines that the application does not | ||
contain the applicable information described in provisions | ||
(A) through (I) of item (1) of this subsection (m), it | ||
shall notify the customer, in writing, of its determination | ||
that the application does not contain the required | ||
information and identify the information that is missing, | ||
and the customer shall provide the missing information | ||
within 15 working days after the date of receipt of the | ||
Department's notification. | ||
(3) The Department shall have the right to audit the | ||
information provided in the customer's application and | ||
annual reports to ensure continued compliance with the | ||
requirements of this subsection. Based on the audit, if the | ||
Department determines the customer is no longer in | ||
compliance with the requirements of items (A) through (I) | ||
of item (1) of this subsection (m), as applicable, the | ||
Department shall notify the customer in writing of the | ||
noncompliance. The customer shall have 30 days to establish | ||
its compliance, and failing to do so, may have its status | ||
as a SDC or exempt customer revoked by the Department. The | ||
Department shall treat all information provided by any |
customer seeking SDC status or exemption from the | ||
provisions of this Section as strictly confidential. | ||
(4) Upon request, or on its own motion, the Commission | ||
may open an investigation, no more than once every 3 years | ||
and not before October 1, 2014, to evaluate the | ||
effectiveness of the self-directing program described in | ||
this subsection (m). | ||
(n) The applicability of this Section to customers | ||
described in subsection (m) of this Section is conditioned on | ||
the existence of the SDC program. In no event will any | ||
provision of this Section apply to such customers after January | ||
1, 2020.
| ||
(Source: P.A. 96-33, eff. 7-10-09; 97-813, eff. 7-13-12; | ||
97-841, eff. 7-20-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|