Illinois General Assembly - Full Text of SB3254
Illinois General Assembly

Previous General Assemblies

Full Text of SB3254  100th General Assembly

SB3254eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3254 EngrossedLRB100 18761 SLF 33996 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Executive Order 3 (2017) Implementation Act.
 
6    Section 5. Effect. This Act, including all of the
7amendatory provisions of this Act, implements and supersedes
8the provisions of Executive Order 3 (2017) concerning the
9transfer of rights, powers, duties, responsibilities,
10employees, property, funds, and functions from the Department
11of Commerce and Economic Opportunity to the Department of
12Natural Resources.
 
13    Section 10. Functions transferred. On the effective date of
14this Act or as soon thereafter as practical, all powers,
15duties, rights, and responsibilities of the Office of Coal
16Development and Marketing established in accordance with the
17Energy Conservation and Coal Development Act under the
18Department of Commerce and Economic Opportunity are
19transferred to the Department of Natural Resources. All of the
20general powers reasonably necessary and convenient to
21implement and administer the Office of Coal Development and
22Marketing are vested in and shall be exercised by the

 

 

SB3254 Engrossed- 2 -LRB100 18761 SLF 33996 b

1Department of Natural Resources.
 
2    Section 20. Representation on boards or other entities. The
3manner in which any official is appointed, except that whenever
4any previous Executive Order or any statute provides for
5membership on any board, commission, authority, or other entity
6by a representative or designee of the Department of Commerce
7and Economic Opportunity with responsibility for the functions
8transferred to the Department of Natural Resources, the
9Director of Natural Resources shall designate the same number
10of representatives or designees of the Department of Natural
11Resources;
12    (1) whether the nomination or appointment of any official
13is subject to the advice and consent of the Senate;
14    (2) any eligibility or qualification requirements
15pertaining to service as an official; or
16    (3) the service or term of any incumbent official serving
17as of the effective date of this Act.
 
18    Section 25. Personnel transferred.
19    (b) Personnel and positions within the Department of
20Commerce and Economic Opportunity that are engaged in the
21performance of the Office of Coal Development and Marketing
22functions transferred to the Department of Natural Resources
23under this Act are transferred to and shall continue their
24service within the Department of Natural Resources. The status

 

 

SB3254 Engrossed- 3 -LRB100 18761 SLF 33996 b

1and rights of those employees under the Personnel Code shall
2not be affected by this Act. The status and rights of the
3employees and the State of Illinois and its agencies under the
4Personnel Code, the Illinois Public Labor Relations Act, and
5applicable collective bargaining agreements or under any
6pension, retirement, or annuity plan shall not be affected by
7this Act.
 
8    Section 30. Books and records transferred. All books,
9records, papers, documents, property (real and personal),
10contracts, causes of action, and pending business pertaining to
11the powers, duties, rights, and responsibilities transferred
12related to any of the functions of the Office of Coal
13Development and Marketing transferred under this Act from the
14Department of Commerce and Economic Opportunity to the
15Department of Natural Resources, including, but not limited to,
16material in electronic or magnetic format and necessary
17computer hardware and software, shall be transferred to the
18Department of Natural Resources.
 
19    Section 35. Successor agencies; unexpended moneys
20transferred. With respect to the functions of the Office of
21Coal Development and Marketing transferred under this Act, the
22Department of Natural Resources is the successor agency to the
23Department of Commerce and Economic Opportunity under the
24Successor Agency Act and Section 9b of the State Finance Act.

 

 

SB3254 Engrossed- 4 -LRB100 18761 SLF 33996 b

1All unexpended appropriations and balances and other funds
2available for use by the Office of Coal Development and
3Marketing shall, pursuant to the direction of the Governor, be
4transferred for use by the Department of Natural Resources in
5accordance with this Act. Unexpended balances so transferred
6shall be expended by the Department of Natural Resources only
7for the purpose for which the appropriations were originally
8made.
 
9    Section 40. Reports, notices, or papers.
10    (a) Whenever reports or notices are required to be made or
11given or papers or documents furnished or served by any person
12to or upon the Department of Commerce and Economic Opportunity
13in connection with any of the powers, duties, rights, or
14responsibilities transferred by this Act to the Environmental
15Protection Agency, the same shall be made, given, furnished, or
16served in the same manner to or upon the Environmental
17Protection Agency.
18    (b) Whenever reports or notices are required to be made or
19given or papers or documents furnished or served by any person
20to or upon the Department of Commerce and Economic Opportunity
21in connection with any of the powers, duties, rights, or
22responsibilities transferred by this Act to the Department of
23Natural Resources, the same shall be made, given, furnished, or
24served in the same manner to or upon the Department of Natural
25Resources.
 

 

 

SB3254 Engrossed- 5 -LRB100 18761 SLF 33996 b

1    Section 45. Office of Coal Development and Marketing;
2rules.
3    (a) Any rules that (1) relate to the functions of the
4Office of Coal Development and Marketing transferred to the
5Department of Natural Resources by this Act, (2) are in full
6force on the effective date of Executive Order 3 (2017), and
7(3) have been duly adopted by the Department of Commerce and
8Economic Opportunity shall become the rules of the Department
9of Natural Resources. This Act does not affect the legality of
10any such rules in the Illinois Administrative Code.
11    (b) Any proposed rule filed with the Secretary of State by
12the Department of Commerce and Economic Opportunity that
13pertains to the functions of the Office of Coal Development and
14Marketing transferred to the Department of Natural Resources by
15this Act and that is pending in the rulemaking process on the
16effective date of Executive Order 3 (2017) shall be deemed to
17have been filed by the Department of Natural Resources.
18    (c) On and after the effective date of this Act, the
19Department of Natural Resources may propose and adopt, under
20the Illinois Administrative Procedure Act, other rules that
21relate to the functions of the Office of Coal Development and
22Marketing transferred to the Department of Natural Resources by
23this Act.
 
24    Section 50. Rights, obligations, and duties unaffected by

 

 

SB3254 Engrossed- 6 -LRB100 18761 SLF 33996 b

1transfer. The transfer of powers, duties, rights, and
2responsibilities to the Department of Natural Resources under
3this Act does not affect any person's rights, obligations, or
4duties, including any civil or criminal penalties applicable
5thereto, arising out of those transferred powers, duties,
6rights, and responsibilities.
 
7    Section 55. Acts and actions unaffected by transfer.
8    (a) This Act does not affect any act done, ratified, or
9canceled, or any right occurring or established, before the
10effective date of Executive Order 3 (2017) in connection with
11any function of the Office of Energy and Recycling transferred
12under this Act.
13    (b) This Act does not affect any act done, ratified, or
14canceled, or any right occurring or established, before the
15effective date of Executive Order 3 (2017) in connection with
16any function of the Office of Coal Development and Marketing
17transferred under this Act.
18    (c) This Act does not affect any action or proceeding had
19or commenced before the effective date of Executive Order 3
20(2017) in an administrative, civil, or criminal cause regarding
21a function of the Office of Coal Development and Marketing
22transferred from the Department of Commerce and Economic
23Opportunity, but any such action or proceeding may be defended,
24prosecuted, or continued by the Department of Natural
25Resources.
 

 

 

SB3254 Engrossed- 7 -LRB100 18761 SLF 33996 b

1    Section 60. Exercise of transferred powers; savings
2provisions. The powers, duties, rights, and responsibilities
3related to the functions of the Office of Coal Development and
4Marketing transferred under this Act are vested in and shall be
5exercised by the Department of Natural Resources. Each act done
6in the exercise of those powers, duties, rights, and
7responsibilities shall have the same legal effect as if done by
8the Department of Commerce and Economic Opportunity or its
9divisions, officers, or employees.
 
10    Section 65. Relationship to other laws.
11    (a) From the effective date of the reorganization under
12this Act, and as long as the reorganization remains in effect,
13the operation of any prior Act of the General Assembly
14inconsistent with this reorganization is suspended to the
15extent of the inconsistency.
16    (b) This Act does not contravene, and shall not be
17construed to contravene, any: federal law; State statute,
18except as provided in subsection (a) of this Section; or
19collective bargaining agreement.
 
20    Section 70. Annual report concerning transfers. The
21Department of Natural Resources shall provide a report to the
22General Assembly not later than December 31, 2017 and annually
23thereafter for 3 years, that includes an analysis of the effect

 

 

SB3254 Engrossed- 8 -LRB100 18761 SLF 33996 b

1of the reorganization under this Act related to the Department
2on State government and the Illinois taxpayers. The report
3shall also include recommendations for further legislation
4relating to the implementation of the reorganization. A copy of
5each report shall be filed with the General Assembly as
6provided under Section 3.1 of the General Assembly Organization
7Act.
 
8    Section 905. The Department of Natural Resources Act is
9amended by changing Section 80-20 as follows:
 
10    (20 ILCS 801/80-20)
11    Sec. 80-20. Transfer of powers.
12    (a) Except as otherwise provided in this Act, all of the
13rights, powers, and duties vested by law in the Department of
14Conservation or in any office, division, or bureau thereof are
15retained by the Department of Natural Resources.
16    All of the rights, powers, and duties vested by law in the
17Department of Conservation, or in any office, division, or
18bureau thereof, pertaining to the Lincoln Monument are
19transferred to the Historic Preservation Agency.
20    (b) Except as otherwise provided in this Act, all of the
21rights, powers, and duties vested by law in the Department of
22Energy and Natural Resources or in any office, division, or
23bureau thereof are transferred to the Department of Natural
24Resources.

 

 

SB3254 Engrossed- 9 -LRB100 18761 SLF 33996 b

1    All of the rights, powers, and duties vested by law in the
2Department of Energy and Natural Resources, or in any office,
3division, or bureau thereof, pertaining to recycling programs
4and solid waste management, energy conservation and
5alternative energy programs, coal development and marketing
6programs, and Exxon overcharge matters are transferred to the
7Department of Commerce and Community Affairs (now Department of
8Commerce and Economic Opportunity), except for those rights,
9powers, and duties transferred to the Environmental Protection
10Agency or the Department of Natural Resources under the
11Executive Order 3 (2017) Implementation Act.
12    (c) All of the rights, powers, and duties vested by law in
13the Department of Mines and Minerals or in any office,
14division, or bureau thereof are transferred to the Department
15of Natural Resources.
16    (d) All of the rights, powers, and duties vested by law in
17the Abandoned Mined Lands Reclamation Council or in any office,
18division, or bureau thereof are transferred to the Department
19of Natural Resources.
20    (e) All of the rights, powers, and duties vested by law in
21the Division of Water Resources of the Department of
22Transportation or in any office, division, or bureau thereof
23are transferred to the Department of Natural Resources.
24(Source: P.A. 94-793, eff. 5-19-06.)
 
25    Section 910. The Energy Conservation and Coal Development

 

 

SB3254 Engrossed- 10 -LRB100 18761 SLF 33996 b

1Act is amended by changing Sections 1 and 3 as follows:
 
2    (20 ILCS 1105/1)  (from Ch. 96 1/2, par. 7401)
3    Sec. 1. Definitions; transfer of duties.
4    (a) For the purposes of this Act, unless the context
5otherwise requires:
6        "Department" means the Department of Natural Resources
7    Commerce and Economic Opportunity.
8        "Director" means the Director of Natural Resources
9    Commerce and Economic Opportunity.
10    (b) As provided in Section 80-20 of the Department of
11Natural Resources Act, the Department of Commerce and Community
12Affairs (now Department of Commerce and Economic Opportunity)
13shall assume the rights, powers, and duties of the former
14Department of Energy and Natural Resources under this Act,
15except as those rights, powers, and duties are otherwise
16allocated or transferred by law. On and after the effective
17date of this amendatory Act of the 100th General Assembly, the
18rights, powers, and duties of the Department of Commerce and
19Economic Opportunity under this Act are transferred to the
20Department of Natural Resources.
21(Source: P.A. 94-793, eff. 5-19-06.)
 
22    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
23    Sec. 3. Powers and duties.
24    (a) In addition to its other powers, the Department has the

 

 

SB3254 Engrossed- 11 -LRB100 18761 SLF 33996 b

1following powers:
2        (1) To administer for the State any energy programs and
3    activities under federal law, regulations or guidelines,
4    and to coordinate such programs and activities with other
5    State agencies, units of local government, and educational
6    institutions.
7        (2) To represent the State in energy matters involving
8    the federal government, other states, units of local
9    government, and regional agencies.
10        (3) To prepare energy contingency plans for
11    consideration by the Governor and the General Assembly.
12    Such plans shall include procedures for determining when a
13    foreseeable danger exists of energy shortages, including
14    shortages of petroleum, coal, nuclear power, natural gas,
15    and other forms of energy, and shall specify the actions to
16    be taken to minimize hardship and maintain the general
17    welfare during such energy shortages.
18        (4) To cooperate with State colleges and universities
19    and their governing boards in energy programs and
20    activities.
21        (5) (Blank).
22        (6) To accept, receive, expend, and administer,
23    including by contracts and grants to other State agencies,
24    any energy-related gifts, grants, cooperative agreement
25    funds, and other funds made available to the Department by
26    the federal government and other public and private

 

 

SB3254 Engrossed- 12 -LRB100 18761 SLF 33996 b

1    sources.
2        (7) To investigate practical problems, seek and
3    utilize financial assistance, implement studies and
4    conduct research relating to the production, distribution
5    and use of alcohol fuels.
6        (8) To serve as a clearinghouse for information on
7    alcohol production technology; provide assistance,
8    information and data relating to the production and use of
9    alcohol; develop informational packets and brochures, and
10    hold public seminars to encourage the development and
11    utilization of the best available technology.
12        (9) To coordinate with other State agencies in order to
13    promote the maximum flow of information and to avoid
14    unnecessary overlapping of alcohol fuel programs. In order
15    to effectuate this goal, the Director of the Department or
16    his representative shall consult with the Directors, or
17    their representatives, of the Departments of Agriculture,
18    Central Management Services, Transportation, and Revenue,
19    the Office of the State Fire Marshal, and the Environmental
20    Protection Agency.
21        (10) To operate, within the Department, an Office of
22    Coal Development and Marketing for the promotion and
23    marketing of Illinois coal both domestically and
24    internationally. The Department may use monies
25    appropriated for this purpose for necessary administrative
26    expenses.

 

 

SB3254 Engrossed- 13 -LRB100 18761 SLF 33996 b

1        The Office of Coal Development and Marketing shall
2    develop and implement an initiative to assist the coal
3    industry in Illinois to increase its share of the
4    international coal market.
5        (11) To assist the Department of Central Management
6    Services in establishing and maintaining a system to
7    analyze and report energy consumption of facilities leased
8    by the Department of Central Management Services.
9        (12) To consult with the Department Departments of
10    Natural Resources and Transportation and the Illinois
11    Environmental Protection Agency for the purpose of
12    developing methods and standards that encourage the
13    utilization of coal combustion by-products as value added
14    products in productive and benign applications.
15        (13) To provide technical assistance and information
16    to sellers and distributors of storage hot water heaters
17    doing business in Illinois, pursuant to Section 1 of the
18    Hot Water Heater Efficiency Act.
19    (b) (Blank).
20    (c) (Blank).
21    (d) The Department shall develop a package of educational
22materials containing information regarding the necessity of
23waste reduction and recycling to reduce dependence on landfills
24and to maintain environmental quality. The Department shall
25make this information available to the public on its website
26and for schools to access for their development of materials.

 

 

SB3254 Engrossed- 14 -LRB100 18761 SLF 33996 b

1Those materials shall be suitable for instructional use in
2grades 3, 4 and 5.
3    (e) (Blank).
4    (f) (Blank).
5    (g) (Blank).
6    (h) (Blank).
7    (i) (Blank).
8(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
 
9    Section 915. The Clean Coal FutureGen for Illinois Act of
102011 is amended by changing Section 15 as follows:
 
11    (20 ILCS 1108/15)
12    Sec. 15. Definitions. For the purposes of this Act:
13    "Agency" means the Illinois Environmental Protection
14Agency or the United States Environmental Protection Agency
15depending upon which agency has primacy for the CO2 injection
16permit.
17    "Captured CO2" means CO2 and other trace chemical
18constituents approved by the Agency for injection into the
19Mount Simon Formation.
20    "Carbon capture and storage" means the process of
21collecting captured CO2 from coal combustion by-products for
22the purpose of injecting and storing the captured CO2 for
23permanent storage.
24    "Carbon dioxide" or "CO2" means a colorless, odorless gas

 

 

SB3254 Engrossed- 15 -LRB100 18761 SLF 33996 b

1in the form of one carbon and 2 oxygen atoms that is the
2principal greenhouse gas.
3    "Department" means the Department of Natural Resources
4Commerce and Economic Opportunity.
5    "Director" means the Director of Natural Resources
6Commerce and Economic Opportunity.
7    "Federal Department" means the federal Department of
8Energy.
9    "FutureGen Alliance" is a 501(c)(3) non-profit consortium
10of coal and energy producers created to benefit the public
11interest and the interest of science through the research,
12development, and demonstration of near zero-emission coal
13technology, with the cooperation of the Federal Department.
14    "FutureGen Project" means the public-private partnership
15between the Federal Department, the FutureGen Alliance, and
16other partners that will control captured CO2 and will
17construct and operate a pipeline and storage field for captured
18CO2.
19    "Mount Simon Formation" means the deep sandstone reservoir
20into which the sequestered CO2 is to be injected at a depth
21greater than 3,500 feet below ground surface and that is
22bounded by the granitic basement below and the Eau Claire Shale
23above.
24    "Operator" means the FutureGen Alliance and its member
25companies, including their parent companies, subsidiaries,
26affiliates, directors, officers, employees, and agents, or a

 

 

SB3254 Engrossed- 16 -LRB100 18761 SLF 33996 b

1not-for-profit successor-in-interest approved by the
2Department.
3    "Operations phase" means the period of time during which
4the Operator injects and simultaneously monitors CO2 into the
5Mount Simon Formation in accordance with its permit approved by
6the Agency for the FutureGen Project.
7    "Post-injection" means after the captured CO2 has been
8successfully injected into the wellhead at the point at which
9the captured CO2 is transferred into the wellbore for carbon
10sequestration and storage into the Mount Simon Formation.
11    "Pre-injection" means all activities and occurrences prior
12to successful delivery into the wellhead at the point at which
13the captured CO2 is transferred into the wellbore for carbon
14sequestration and storage into the Mount Simon Formation,
15including but not limited to, the operation of the FutureGen
16Project.
17    "Public liability" means any civil legal liability arising
18out of or resulting from the storage, escape, release, or
19migration of the sequestered CO2 that was injected by the
20Operator. The term "public liability", however, does not
21include any legal liability arising out of or resulting from
22the construction, operation, or other pre-injection activity
23of the Operator or any other third party.
24    "Public liability action" or "action" means a written
25demand, lawsuit, or claim from any third party received by the
26Operator seeking a remedy or alleging liability on behalf of

 

 

SB3254 Engrossed- 17 -LRB100 18761 SLF 33996 b

1Operator resulting from any public liability and is limited to
2such written demands, claims, or lawsuits asserting claims for
3property damages, personal or bodily injury damages,
4environmental damages, or trespass.
5    "Sequestered CO2" means the captured CO2 from the FutureGen
6Project operations that is injected into the Mount Simon
7Formation by the Operator.
8(Source: P.A. 97-618, eff. 10-26-11.)
 
9    Section 920. The Illinois Coal and Energy Development Bond
10Act is amended by changing Sections 3, 3.1, 6, and 11 as
11follows:
 
12    (20 ILCS 1110/3)  (from Ch. 96 1/2, par. 4103)
13    Sec. 3. The Department of Natural Resources Commerce and
14Economic Opportunity shall have the following powers and
15duties:
16    (a) To solicit, accept and expend gifts, grants or any form
17of assistance, from any source, including but not limited to,
18the federal government or any agency thereof;
19    (b) To enter into contracts, including, but not limited to,
20service contracts, with business, industrial, university,
21governmental or other qualified individuals or organizations
22to promote development of coal and other energy resources. Such
23contracts may be for, but are not limited to, the following
24purposes: (1) the commercial application of existing

 

 

SB3254 Engrossed- 18 -LRB100 18761 SLF 33996 b

1technology for development of coal resources, (2) to initiate
2or complete development of new technology for development of
3coal resources, and (3) for planning, design, acquisition,
4development, construction, improvement and financing a site or
5sites and facilities for establishing plants, projects or
6demonstrations for development of coal resources and research,
7development and demonstration of alternative forms of energy;
8and
9    (c) In the exercise of other powers granted it under this
10Act, to acquire property, real, personal or mixed, including
11any rights therein, by exercise of the power of condemnation in
12accordance with the procedures provided for the exercise of
13eminent domain under the Eminent Domain Act, provided, however,
14the power of condemnation shall be exercised solely for the
15purposes of siting and/or rights of way and/or easements
16appurtenant to coal utilization and/or coal conversion
17projects. The Department shall not exercise its powers of
18condemnation until it has used reasonable good faith efforts to
19acquire such property before filing a petition for condemnation
20and may thereafter use such powers when it determines that such
21condemnation of property rights is necessary to avoid
22unreasonable delay or economic hardship to the progress of
23activities carried out in the exercise of powers granted under
24this Act. After June 30, 1985, the Department shall not
25exercise its power of condemnation for a project which does not
26receive State or U.S. Government funding. Before use of the

 

 

SB3254 Engrossed- 19 -LRB100 18761 SLF 33996 b

1power of condemnation for projects not receiving State or U.S.
2Government funding, the Department shall hold a public hearing
3to receive comments on the exercise of the power of
4condemnation. The Department shall use the information
5received at hearing in making its final decision on the
6exercise of the power of condemnation. The hearing shall be
7held in a location reasonably accessible to the public
8interested in the decision. The Department shall promulgate
9guidelines for the conduct of the hearing.
10(Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
 
11    (20 ILCS 1110/3.1)  (from Ch. 96 1/2, par. 4103.1)
12    Sec. 3.1. The Department of Natural Resources Commerce and
13Economic Opportunity is authorized to enter into agreements
14with a county or counties and expend funds authorized by this
15Act for purposes set forth in the County Coal Processing Act.
16(Source: P.A. 94-793, eff. 5-19-06.)
 
17    (20 ILCS 1110/6)  (from Ch. 96 1/2, par. 4106)
18    Sec. 6. The Department of Natural Resources Commerce and
19Economic Opportunity is authorized to use general obligation
20bond funds for the purposes of issuing grants in accordance
21with this Act and the General Obligation Bond Act.
22(Source: P.A. 96-1465, eff. 8-20-10.)
 
23    (20 ILCS 1110/11)  (from Ch. 96 1/2, par. 4111)

 

 

SB3254 Engrossed- 20 -LRB100 18761 SLF 33996 b

1    Sec. 11. Expenditure of funds. At all times, the proceeds
2from the sale of Bonds are subject to appropriation by the
3General Assembly and may be expended in such amounts and at
4such times as the Department of Natural Resources Commerce and
5Economic Opportunity, with the approval of the Illinois Energy
6Resources Commission, may deem necessary or desirable for the
7specific purposes contemplated by this Act.
8(Source: P.A. 94-793, eff. 5-19-06.)
 
9    Section 925. The General Obligation Bond Act is amended by
10changing Section 7 as follows:
 
11    (30 ILCS 330/7)  (from Ch. 127, par. 657)
12    Sec. 7. Coal and Energy Development. The amount of
13$242,700,000 is authorized to be used by the Department of
14Natural Resources Commerce and Economic Opportunity (formerly
15Department of Commerce and Community Affairs) for coal and
16energy development purposes, pursuant to Sections 2, 3 and 3.1
17of the Illinois Coal and Energy Development Bond Act, for the
18purposes specified in Section 8.1 of the Energy Conservation
19and Coal Development Act, including, but not limited to, for
20the purpose of development costs; and for the purposes
21specified in Section 605-332 of the Department of Commerce and
22Economic Opportunity Law of the Civil Administrative Code of
23Illinois, and for the purpose of facility cost reports prepared
24pursuant to Sections 1-58 or 1-75(d)(4) of the Illinois Power

 

 

SB3254 Engrossed- 21 -LRB100 18761 SLF 33996 b

1Agency Act and for the purpose of development costs pursuant to
2Section 8.1 of the Energy Conservation and Coal Development
3Act. Of this amount:
4    (a) $143,500,000 is for the specific purposes of
5acquisition, development, construction, reconstruction,
6improvement, financing, architectural and technical planning
7and installation of capital facilities consisting of
8buildings, structures, durable equipment, and land for the
9purpose of capital development of coal resources within the
10State and for the purposes specified in Section 8.1 of the
11Energy Conservation and Coal Development Act;
12    (b) $35,000,000 is for the purposes specified in Section
138.1 of the Energy Conservation and Coal Development Act and
14making grants to generating stations and coal gasification
15facilities within the State of Illinois and to the owner of a
16generating station located in Illinois and having at least
17three coal-fired generating units with accredited summer
18capability greater than 500 megawatts each at such generating
19station as provided in Section 6 of that Bond Act;
20    (c) $13,200,000 is for research, development and
21demonstration of forms of energy other than that derived from
22coal, either on or off State property;
23    (d) $0 is for the purpose of providing financial assistance
24to new electric generating facilities as provided in Section
25605-332 of the Department of Commerce and Economic Opportunity
26Law of the Civil Administrative Code of Illinois; and

 

 

SB3254 Engrossed- 22 -LRB100 18761 SLF 33996 b

1    (e) $51,000,000 is for the purpose of facility cost reports
2prepared for not more than one facility pursuant to Section
31-75(d)(4) of the Illinois Power Agency Act and not more than
4one facility pursuant to Section 1-58 of the Illinois Power
5Agency Act and for the purpose of up to $6,000,000 of
6development costs pursuant to Section 8.1 of the Energy
7Conservation and Coal Development Act.
8(Source: P.A. 98-94, eff. 7-17-13; 98-781, eff. 7-22-14.)
 
9    Section 930. The Illinois Coal Technology Development
10Assistance Act is amended by changing Sections 2 and 4 as
11follows:
 
12    (30 ILCS 730/2)  (from Ch. 96 1/2, par. 8202)
13    Sec. 2. As used in this Act:
14    (a) "coal" or "coal resources" means Illinois coal or coal
15products extracted from the ground or reclaimed from the waste
16material produced by coal extraction operations;
17    (b) "coal demonstration and commercialization" means
18projects for the construction and operation of facilities to
19prove the scientific and engineering validity or the commercial
20application of a coal extraction, preparation, combustion,
21gasification, liquefaction or other synthetic process,
22environmental control, or transportation method;
23    (c) "coal research" means scientific investigations
24conducted for the purpose of increasing the utilization of coal

 

 

SB3254 Engrossed- 23 -LRB100 18761 SLF 33996 b

1resources and includes investigations in the areas of
2extraction, preparation, characterization, combustion,
3gasification, liquefaction and other synthetic processes,
4environmental control, marketing, transportation, procurement
5of sites, and environmental impacts;
6    (d) "Fund" means the Coal Technology Development
7Assistance Fund;
8    (e) "Board" means the Illinois Coal Development Board or
9its successor;
10    (f) "Department" means the Department of Natural Resources
11Commerce and Economic Opportunity;
12    (g) "public awareness and education" means programs of
13education, curriculum development, public service
14announcements, informational advertising and informing the
15news media on issues related to the use of Illinois coal, the
16coal industry and related developments. Public awareness and
17education shall be directed toward school age residents of the
18State, the citizens of the State and other interested parties.
19(Source: P.A. 94-793, eff. 5-19-06.)
 
20    (30 ILCS 730/4)  (from Ch. 96 1/2, par. 8204)
21    Sec. 4. Expenditures from Coal Technology Development
22Assistance Fund.
23    (a) The contents of the Coal Technology Development
24Assistance Fund may be expended, subject to appropriation by
25the General Assembly, in such amounts and at such times as the

 

 

SB3254 Engrossed- 24 -LRB100 18761 SLF 33996 b

1Department, with the advice and recommendation of the Board,
2may deem necessary or desirable for the purposes of this Act.
3    (b) The Department shall develop a written plan containing
4measurable 3-year and 10-year goals and objectives in regard to
5the funding of coal research and coal demonstration and
6commercialization projects, and programs designed to preserve
7and enhance markets for Illinois coal. In developing these
8goals and objectives, the Department shall consider and
9determine the appropriate balance for the achievement of
10near-term and long-term goals and objectives and of ensuring
11the timely commercial application of cost-effective
12technologies or energy and chemical production processes or
13systems utilizing coal. The Department of Commerce and Economic
14Opportunity shall develop the initial goals and objectives no
15later than December 1, 1993, and develop revised goals and
16objectives no later than July 1 annually thereafter until the
17effective date of this amendatory Act of the 100th General
18Assembly. On and after the effective date of this amendatory
19Act of the 100th General Assembly, the Department shall develop
20the revised goals and objectives under this subsection by no
21later than July 1 of each year.
22    (c) (Blank).
23    (d) Subject to appropriation, the Department of Natural
24Resources may use moneys in the Coal Technology Development
25Assistance Fund to administer its responsibilities under the
26Surface Coal Mining Land Conservation and Reclamation Act.

 

 

SB3254 Engrossed- 25 -LRB100 18761 SLF 33996 b

1(Source: P.A. 99-523, eff. 6-30-16.)
 
2    Section 935. The Eminent Domain Act is amended by changing
3Section 15-5-5 as follows:
 
4    (735 ILCS 30/15-5-5)
5    Sec. 15-5-5. Eminent domain powers in ILCS Chapters 5
6through 40. The following provisions of law may include express
7grants of the power to acquire property by condemnation or
8eminent domain:
 
9(5 ILCS 220/3.1); Intergovernmental Cooperation Act;
10    cooperating entities; for Municipal Joint Action Water
11    Agency purposes.
12(5 ILCS 220/3.2); Intergovernmental Cooperation Act;
13    cooperating entities; for Municipal Joint Action Agency
14    purposes.
15(5 ILCS 585/1); National Forest Land Act; United States of
16    America; for national forests.
17(15 ILCS 330/2); Secretary of State Buildings in Cook County
18    Act; Secretary of State; for office facilities in Cook
19    County.
20(20 ILCS 5/5-675); Civil Administrative Code of Illinois; the
21    Secretary of Transportation, the Director of Natural
22    Resources, and the Director of Central Management
23    Services; for lands, buildings, and grounds for which an

 

 

SB3254 Engrossed- 26 -LRB100 18761 SLF 33996 b

1    appropriation is made by the General Assembly.
2(20 ILCS 620/9); Economic Development Area Tax Increment
3    Allocation Act; municipalities; to achieve the objectives
4    of the economic development project.
5(20 ILCS 685/1); Particle Accelerator Land Acquisition Act;
6    Department of Commerce and Economic Opportunity; for a
7    federal high energy BEV Particle Accelerator.
8(20 ILCS 835/2); State Parks Act; Department of Natural
9    Resources; for State parks.
10(20 ILCS 1110/3); Illinois Coal and Energy Development Bond
11    Act; Department of Natural Resources Commerce and Economic
12    Opportunity; for coal projects.
13(20 ILCS 1920/2.06); Abandoned Mined Lands and Water
14    Reclamation Act; Department of Natural Resources; for
15    reclamation purposes.
16(20 ILCS 1920/2.08); Abandoned Mined Lands and Water
17    Reclamation Act; Department of Natural Resources; for
18    reclamation purposes and for the construction or
19    rehabilitation of housing.
20(20 ILCS 1920/2.11); Abandoned Mined Lands and Water
21    Reclamation Act; Department of Natural Resources; for
22    eliminating hazards.
23(20 ILCS 3105/9.08a); Capital Development Board Act; Capital
24    Development Board; for lands, buildings and grounds for
25    which an appropriation is made by the General Assembly.
26(20 ILCS 3110/5); Building Authority Act; Capital Development

 

 

SB3254 Engrossed- 27 -LRB100 18761 SLF 33996 b

1    Board; for purposes declared by the General Assembly to be
2    in the public interest.
3(40 ILCS 5/15-167); Illinois Pension Code; State Universities
4    Retirement System; for real estate acquired for the use of
5    the System.
6(Source: P.A. 94-1055, eff. 1-1-07.)
 
7    Section 999. Effective date. This Act takes effect upon
8becoming law.