Full Text of HB1470 96th General Assembly
HB1470ham001 96TH GENERAL ASSEMBLY
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Rep. David E. Miller
Filed: 3/24/2009
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| AMENDMENT TO HOUSE BILL 1470
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| AMENDMENT NO. ______. Amend House Bill 1470 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Power Agency Act is amended by | 5 |
| changing Section 1-10 as follows: | 6 |
| (20 ILCS 3855/1-10) | 7 |
| (Text of Section before amendment by P.A. 95-1027 )
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| Sec. 1-10. Definitions. | 9 |
| "Agency" means the Illinois Power Agency. | 10 |
| "Agency loan agreement" means any agreement pursuant to | 11 |
| which the Illinois Finance Authority agrees to loan the | 12 |
| proceeds of revenue bonds issued with respect to a project to | 13 |
| the Agency upon terms providing for loan repayment installments | 14 |
| at least sufficient to pay when due all principal of, interest | 15 |
| and premium, if any, on those revenue bonds, and providing for | 16 |
| maintenance, insurance, and other matters in respect of the |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| project. | 2 |
| "Authority" means the Illinois Finance Authority. | 3 |
| "Commission" means the Illinois Commerce Commission. | 4 |
| "Costs incurred in connection with the development and | 5 |
| construction of a facility" means: | 6 |
| (1) the cost of acquisition of all real property and | 7 |
| improvements in connection therewith and equipment and | 8 |
| other property, rights, and easements acquired that are | 9 |
| deemed necessary for the operation and maintenance of the | 10 |
| facility; | 11 |
| (2) financing costs with respect to bonds, notes, and | 12 |
| other evidences of indebtedness of the Agency; | 13 |
| (3) all origination, commitment, utilization, | 14 |
| facility, placement, underwriting, syndication, credit | 15 |
| enhancement, and rating agency fees; | 16 |
| (4) engineering, design, procurement, consulting, | 17 |
| legal, accounting, title insurance, survey, appraisal, | 18 |
| escrow, trustee, collateral agency, interest rate hedging, | 19 |
| interest rate swap, capitalized interest and other | 20 |
| financing costs, and other expenses for professional | 21 |
| services; and | 22 |
| (5) the costs of plans, specifications, site study and | 23 |
| investigation, installation, surveys, other Agency costs | 24 |
| and estimates of costs, and other expenses necessary or | 25 |
| incidental to determining the feasibility of any project, | 26 |
| together with such other expenses as may be necessary or |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| incidental to the financing, insuring, acquisition, and | 2 |
| construction of a specific project and placing that project | 3 |
| in operation. | 4 |
| "Department" means the Department of Commerce and Economic | 5 |
| Opportunity. | 6 |
| "Director" means the Director of the Illinois Power Agency. | 7 |
| "Demand-response" means measures that decrease peak | 8 |
| electricity demand or shift demand from peak to off-peak | 9 |
| periods. | 10 |
| "Energy efficiency" means measures that reduce the amount | 11 |
| of electricity required to achieve a given end use. | 12 |
| "Electric utility" has the same definition as found in | 13 |
| Section 16-102 of the Public Utilities Act. | 14 |
| "Facility" means an electric generating unit or a | 15 |
| co-generating unit that produces electricity along with | 16 |
| related equipment necessary to connect the facility to an | 17 |
| electric transmission or distribution system. | 18 |
| "Governmental aggregator" means one or more units of local | 19 |
| government that individually or collectively procure | 20 |
| electricity to serve residential retail electrical loads | 21 |
| located within its or their jurisdiction. | 22 |
| "Local government" means a unit of local government as | 23 |
| defined in Article VII of Section 1 of the Illinois | 24 |
| Constitution. | 25 |
| "Municipality" means a city, village, or incorporated | 26 |
| town. |
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LRB096 04980 RCE 24262 a |
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| "Person" means any natural person, firm, partnership, | 2 |
| corporation, either domestic or foreign, company, association, | 3 |
| limited liability company, joint stock company, or association | 4 |
| and includes any trustee, receiver, assignee, or personal | 5 |
| representative thereof. | 6 |
| "Project" means the planning, bidding, and construction of | 7 |
| a facility. | 8 |
| "Public utility" has the same definition as found in | 9 |
| Section 3-105 of the Public Utilities Act. | 10 |
| "Real property" means any interest in land together with | 11 |
| all structures, fixtures, and improvements thereon, including | 12 |
| lands under water and riparian rights, any easements, | 13 |
| covenants, licenses, leases, rights-of-way, uses, and other | 14 |
| interests, together with any liens, judgments, mortgages, or | 15 |
| other claims or security interests related to real property. | 16 |
| "Renewable energy credit" means a tradable credit that | 17 |
| represents the environmental attributes of a certain amount of | 18 |
| energy produced from a renewable energy resource. | 19 |
| "Renewable energy resources" includes energy and its | 20 |
| associated renewable energy credit or renewable energy credits | 21 |
| from wind, solar thermal energy, photovoltaic cells and panels, | 22 |
| biodiesel, crops and untreated and unadulterated organic waste | 23 |
| biomass, trees and tree trimmings, hydropower that does not | 24 |
| involve new construction or significant expansion of | 25 |
| hydropower dams, incineration or burning of tires, and other | 26 |
| alternative sources of environmentally preferable energy. For |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| purposes of this Act, landfill gas produced in the State is | 2 |
| considered a renewable energy resource. "Renewable energy | 3 |
| resources" does not include the incineration or burning of | 4 |
| tires, garbage, general household, institutional, and | 5 |
| commercial waste, industrial lunchroom or office waste, | 6 |
| landscape waste other than trees and tree trimmings, railroad | 7 |
| crossties, utility poles, or construction or demolition | 8 |
| debris, other than untreated and unadulterated waste wood. | 9 |
| "Revenue bond" means any bond, note, or other evidence of | 10 |
| indebtedness issued by the Authority, the principal and | 11 |
| interest of which is payable solely from revenues or income | 12 |
| derived from any project or activity of the Agency. | 13 |
| "Total resource cost test" or "TRC test" means a standard | 14 |
| that is met if, for an investment in energy efficiency or | 15 |
| demand-response measures, the benefit-cost ratio is greater | 16 |
| than one. The benefit-cost ratio is the ratio of the net | 17 |
| present value of the total benefits of the program to the net | 18 |
| present value of the total costs as calculated over the | 19 |
| lifetime of the measures. A total resource cost test compares | 20 |
| the sum of avoided electric utility costs, representing the | 21 |
| benefits that accrue to the system and the participant in the | 22 |
| delivery of those efficiency measures, to the sum of all | 23 |
| incremental costs of end-use measures that are implemented due | 24 |
| to the program (including both utility and participant | 25 |
| contributions), plus costs to administer, deliver, and | 26 |
| evaluate each demand-side program, to quantify the net savings |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| obtained by substituting the demand-side program for supply | 2 |
| resources. In calculating avoided costs of power and energy | 3 |
| that an electric utility would otherwise have had to acquire, | 4 |
| reasonable estimates shall be included of financial costs | 5 |
| likely to be imposed by future regulations and legislation on | 6 |
| emissions of greenhouse gases.
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| (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09.) | 8 |
| (Text of Section after amendment by P.A. 95-1027 ) | 9 |
| Sec. 1-10. Definitions. | 10 |
| "Agency" means the Illinois Power Agency. | 11 |
| "Agency loan agreement" means any agreement pursuant to | 12 |
| which the Illinois Finance Authority agrees to loan the | 13 |
| proceeds of revenue bonds issued with respect to a project to | 14 |
| the Agency upon terms providing for loan repayment installments | 15 |
| at least sufficient to pay when due all principal of, interest | 16 |
| and premium, if any, on those revenue bonds, and providing for | 17 |
| maintenance, insurance, and other matters in respect of the | 18 |
| project. | 19 |
| "Authority" means the Illinois Finance Authority. | 20 |
| "Clean coal facility" means an electric generating | 21 |
| facility that uses primarily coal as a feedstock and that | 22 |
| captures and sequesters carbon emissions at the following | 23 |
| levels: at least 50% of the total carbon emissions that the | 24 |
| facility would otherwise emit if, at the time construction | 25 |
| commences, the facility is scheduled to commence operation |
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LRB096 04980 RCE 24262 a |
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| before 2016, at least 70% of the total carbon emissions that | 2 |
| the facility would otherwise emit if, at the time construction | 3 |
| commences, the facility is scheduled to commence operation | 4 |
| during 2016 or 2017, and at least 90% of the total carbon | 5 |
| emissions that the facility would otherwise emit if, at the | 6 |
| time construction commences, the facility is scheduled to | 7 |
| commence operation after 2017. The power block of the clean | 8 |
| coal facility shall not exceed allowable emission rates for | 9 |
| sulfur dioxide, nitrogen oxides, carbon monoxide, particulates | 10 |
| and mercury for a natural gas-fired combined-cycle facility the | 11 |
| same size as and in the same location as the clean coal | 12 |
| facility at the time the clean coal facility obtains an | 13 |
| approved air permit. All coal used by a clean coal facility | 14 |
| shall have high volatile bituminous rank and greater than 1.7 | 15 |
| pounds of sulfur per million btu content, unless the clean coal | 16 |
| facility does not use gasification technology and was operating | 17 |
| as a conventional coal-fired electric generating facility on | 18 |
| June 1, 2009 ( the effective date of Public Act 95-1027) this | 19 |
| amendatory Act of the 95th General Assembly . | 20 |
| "Clean coal SNG facility" means a facility that uses a | 21 |
| gasification process to produce substitute natural gas, that | 22 |
| sequesters at least 90% of the total carbon emissions that the | 23 |
| facility would otherwise emit and that uses coal as a | 24 |
| feedstock, with all such coal having a high bituminous rank and | 25 |
| greater than 1.7 pounds of sulfur per million btu content. | 26 |
| "Commission" means the Illinois Commerce Commission. |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
|
| 1 |
| "Costs incurred in connection with the development and | 2 |
| construction of a facility" means: | 3 |
| (1) the cost of acquisition of all real property and | 4 |
| improvements in connection therewith and equipment and | 5 |
| other property, rights, and easements acquired that are | 6 |
| deemed necessary for the operation and maintenance of the | 7 |
| facility; | 8 |
| (2) financing costs with respect to bonds, notes, and | 9 |
| other evidences of indebtedness of the Agency; | 10 |
| (3) all origination, commitment, utilization, | 11 |
| facility, placement, underwriting, syndication, credit | 12 |
| enhancement, and rating agency fees; | 13 |
| (4) engineering, design, procurement, consulting, | 14 |
| legal, accounting, title insurance, survey, appraisal, | 15 |
| escrow, trustee, collateral agency, interest rate hedging, | 16 |
| interest rate swap, capitalized interest and other | 17 |
| financing costs, and other expenses for professional | 18 |
| services; and | 19 |
| (5) the costs of plans, specifications, site study and | 20 |
| investigation, installation, surveys, other Agency costs | 21 |
| and estimates of costs, and other expenses necessary or | 22 |
| incidental to determining the feasibility of any project, | 23 |
| together with such other expenses as may be necessary or | 24 |
| incidental to the financing, insuring, acquisition, and | 25 |
| construction of a specific project and placing that project | 26 |
| in operation. |
|
|
|
09600HB1470ham001 |
- 9 - |
LRB096 04980 RCE 24262 a |
|
| 1 |
| "Department" means the Department of Commerce and Economic | 2 |
| Opportunity. | 3 |
| "Director" means the Director of the Illinois Power Agency. | 4 |
| "Demand-response" means measures that decrease peak | 5 |
| electricity demand or shift demand from peak to off-peak | 6 |
| periods. | 7 |
| "Energy efficiency" means measures that reduce the amount | 8 |
| of electricity required to achieve a given end use. | 9 |
| "Electric utility" has the same definition as found in | 10 |
| Section 16-102 of the Public Utilities Act. | 11 |
| "Facility" means an electric generating unit or a | 12 |
| co-generating unit that produces electricity along with | 13 |
| related equipment necessary to connect the facility to an | 14 |
| electric transmission or distribution system. | 15 |
| "Governmental aggregator" means one or more units of local | 16 |
| government that individually or collectively procure | 17 |
| electricity to serve residential retail electrical loads | 18 |
| located within its or their jurisdiction. | 19 |
| "Local government" means a unit of local government as | 20 |
| defined in Article VII of Section 1 of the Illinois | 21 |
| Constitution. | 22 |
| "Municipality" means a city, village, or incorporated | 23 |
| town. | 24 |
| "Person" means any natural person, firm, partnership, | 25 |
| corporation, either domestic or foreign, company, association, | 26 |
| limited liability company, joint stock company, or association |
|
|
|
09600HB1470ham001 |
- 10 - |
LRB096 04980 RCE 24262 a |
|
| 1 |
| and includes any trustee, receiver, assignee, or personal | 2 |
| representative thereof. | 3 |
| "Project" means the planning, bidding, and construction of | 4 |
| a facility. | 5 |
| "Public utility" has the same definition as found in | 6 |
| Section 3-105 of the Public Utilities Act. | 7 |
| "Real property" means any interest in land together with | 8 |
| all structures, fixtures, and improvements thereon, including | 9 |
| lands under water and riparian rights, any easements, | 10 |
| covenants, licenses, leases, rights-of-way, uses, and other | 11 |
| interests, together with any liens, judgments, mortgages, or | 12 |
| other claims or security interests related to real property. | 13 |
| "Renewable energy credit" means a tradable credit that | 14 |
| represents the environmental attributes of a certain amount of | 15 |
| energy produced from a renewable energy resource. | 16 |
| "Renewable energy resources" includes energy and its | 17 |
| associated renewable energy credit or renewable energy credits | 18 |
| from wind, solar thermal energy, photovoltaic cells and panels, | 19 |
| biodiesel, crops and untreated and unadulterated organic waste | 20 |
| biomass, trees and tree trimmings, hydropower that does not | 21 |
| involve new construction or significant expansion of | 22 |
| hydropower dams, incineration or burning of tires, and other | 23 |
| alternative sources of environmentally preferable energy. For | 24 |
| purposes of this Act, landfill gas produced in the State is | 25 |
| considered a renewable energy resource. "Renewable energy | 26 |
| resources" does not include the incineration or burning of |
|
|
|
09600HB1470ham001 |
- 11 - |
LRB096 04980 RCE 24262 a |
|
| 1 |
| tires, garbage, general household, institutional, and | 2 |
| commercial waste, industrial lunchroom or office waste, | 3 |
| landscape waste other than trees and tree trimmings, railroad | 4 |
| crossties, utility poles, or construction or demolition | 5 |
| debris, other than untreated and unadulterated waste wood. | 6 |
| "Revenue bond" means any bond, note, or other evidence of | 7 |
| indebtedness issued by the Authority, the principal and | 8 |
| interest of which is payable solely from revenues or income | 9 |
| derived from any project or activity of the Agency. | 10 |
| "Sequester" means permanent storage of carbon dioxide by | 11 |
| injecting it into a saline aquifer, a depleted gas reservoir, | 12 |
| or an oil reservoir, directly or through an enhanced oil | 13 |
| recovery process that may involve intermediate storage in a | 14 |
| salt dome. | 15 |
| "Servicing agreement" means (i) in the case of an electric | 16 |
| utility, an agreement between the owner of a clean coal | 17 |
| facility and such electric utility, which agreement shall have | 18 |
| terms and conditions meeting the requirements of paragraph (3) | 19 |
| of subsection (d) of Section 1-75, and (ii) in the case of an | 20 |
| alternative retail electric supplier, an agreement between the | 21 |
| owner of a clean coal facility and such alternative retail | 22 |
| electric supplier, which agreement shall have terms and | 23 |
| conditions meeting the requirements of Section 16-115(d)(5) of | 24 |
| the Public Utilities Act. | 25 |
| "Substitute natural gas" or "SNG" means a gas manufactured | 26 |
| by gasification of hydrocarbon feedstock, which is |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| 1 |
| substantially interchangeable in use and distribution with | 2 |
| conventional natural gas. | 3 |
| "Total resource cost test" or "TRC test" means a standard | 4 |
| that is met if, for an investment in energy efficiency or | 5 |
| demand-response measures, the benefit-cost ratio is greater | 6 |
| than one. The benefit-cost ratio is the ratio of the net | 7 |
| present value of the total benefits of the program to the net | 8 |
| present value of the total costs as calculated over the | 9 |
| lifetime of the measures. A total resource cost test compares | 10 |
| the sum of avoided electric utility costs, representing the | 11 |
| benefits that accrue to the system and the participant in the | 12 |
| delivery of those efficiency measures, to the sum of all | 13 |
| incremental costs of end-use measures that are implemented due | 14 |
| to the program (including both utility and participant | 15 |
| contributions), plus costs to administer, deliver, and | 16 |
| evaluate each demand-side program, to quantify the net savings | 17 |
| obtained by substituting the demand-side program for supply | 18 |
| resources. In calculating avoided costs of power and energy | 19 |
| that an electric utility would otherwise have had to acquire, | 20 |
| reasonable estimates shall be included of financial costs | 21 |
| likely to be imposed by future regulations and legislation on | 22 |
| emissions of greenhouse gases.
| 23 |
| (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09; | 24 |
| 95-1027, eff. 6-1-09; revised 1-14-09.) | 25 |
| Section 95. No acceleration or delay. Where this Act makes |
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09600HB1470ham001 |
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LRB096 04980 RCE 24262 a |
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| changes in a statute that is represented in this Act by text | 2 |
| that is not yet or no longer in effect (for example, a Section | 3 |
| represented by multiple versions), the use of that text does | 4 |
| not accelerate or delay the taking effect of (i) the changes | 5 |
| made by this Act or (ii) provisions derived from any other | 6 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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