SB3254 100TH GENERAL ASSEMBLY

LRB100 18761 SLF 33996 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3254

Introduced 2/15/2018, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 801/80-20
20 ILCS 1105/1	from Ch. 96 1/2, par. 7401
20 ILCS 1105/3	from Ch. 96 1/2, par. 7403
20 ILCS 1108/15
20 ILCS 1110/3	from Ch. 96 1/2, par. 4103
20 ILCS 1110/3.1	from Ch. 96 1/2, par. 4103.1
20 ILCS 1110/6	from Ch. 96 1/2, par. 4106
20 ILCS 1110/11	from Ch. 96 1/2, par. 4111
30 ILCS 330/7	from Ch. 127, par. 657
30 ILCS 730/2	from Ch. 96 1/2, par. 8202
30 ILCS 730/4	from Ch. 96 1/2, par. 8204
735 ILCS 30/15-5-5
815 ILCS 355/1	from Ch. 96 1/2, par. 9551

Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes Executive Order 3 (2017). Provides that all powers, duties, rights, and responsibilities of the Office of Coal Development and Marketing established in accordance with the Energy Conservation and Coal Development Act under the Department of Commerce and Economic Opportunity are transferred to the Department of Natural Resources. Makes corresponding changes to various Acts. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Executive Order 3 (2017) Implementation Act.

Section 5. Effect. This Act, including all of the amendatory provisions of this Act, implements and supersedes Executive Order 3 (2017).

Section 10. Functions transferred. On the effective date of this Act or as soon thereafter as practical, all powers, duties, rights, and responsibilities of the Office of Coal Development and Marketing established in accordance with the Energy Conservation and Coal Development Act under the Department of Commerce and Economic Opportunity are transferred to the Department of Natural Resources. All of the general powers reasonably necessary and convenient to implement and administer the Office of Coal Development and Marketing are vested in and shall be exercised by the Department of Natural Resources.

Section 20. Representation on boards or other entities. The manner in which any official is appointed, except that whenever any previous Executive Order or any statute provides for membership on any board, commission, authority, or other entity by a representative or designee of the Department of Commerce and Economic Opportunity with responsibility for the functions transferred to the Department of Natural Resources, the Director of Natural Resources shall designate the same number of representatives or designees of the Department of Natural Resources;

(1) whether the nomination or appointment of any official is subject to the advice and consent of the Senate;

(2) any eligibility or qualification requirements pertaining to service as an official; or

(3) the service or term of any incumbent official serving as of the effective date of this Act.

Section 25. Personnel transferred.

(b) Personnel and positions within the Department of Commerce and Economic Opportunity that are engaged in the performance of the Office of Coal Development and Marketing functions transferred to the Department of Natural Resources under this Act are transferred to and shall continue their service within the Department of Natural Resources. The status and rights of those employees under the Personnel Code shall not be affected by this Act. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act.

Section 30. Books and records transferred. All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred related to any of the functions of the Office of Coal Development and Marketing transferred under this Act from the Department of Commerce and Economic Opportunity to the Department of Natural Resources, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department of Natural Resources.

Section 35. Successor agencies; unexpended moneys transferred. With respect to the functions of the Office of Coal Development and Marketing transferred under this Act, the Department of Natural Resources is the successor agency to the Department of Commerce and Economic Opportunity under the Successor Agency Act and Section 9b of the State Finance Act. All unexpended appropriations and balances and other funds available for use by the Office of Coal Development and Marketing shall, pursuant to the direction of the Governor, be transferred for use by the Department of Natural Resources in accordance with this Act. Unexpended balances so transferred shall be expended by the Department of Natural Resources only for the purpose for which the appropriations were originally made.

Section 40. Reports, notices, or papers.

(a) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Department of Commerce and Economic Opportunity in connection with any of the powers, duties, rights, or responsibilities transferred by this Act to the Environmental Protection Agency, the same shall be made, given, furnished, or served in the same manner to or upon the Environmental Protection Agency.

(b) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Department of Commerce and Economic Opportunity in connection with any of the powers, duties, rights, or responsibilities transferred by this Act to the Department of Natural Resources, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Natural Resources.

Section 45. Office of Coal Development and Marketing; rules.

(a) Any rules that (1) relate to the functions of the Office of Coal Development and Marketing transferred to the Department of Natural Resources by this Act, (2) are in full force on the effective date of Executive Order 3 (2017), and (3) have been duly adopted by the Department of Commerce and Economic Opportunity shall become the rules of the Department of Natural Resources. This Act does not affect the legality of any such rules in the Illinois Administrative Code.

(b) Any proposed rule filed with the Secretary of State by the Department of Commerce and Economic Opportunity that pertains to the functions of the Office of Coal Development and Marketing transferred to the Department of Natural Resources by this Act, and that is pending in the rulemaking process on the effective date of Executive Order 3 (2017) shall be deemed to have been filed by the Department of Natural Resources.

(c) On and after the effective date of this Act, the Department of Natural Resources may propose and adopt, under the Illinois Administrative Procedure Act, other rules that relate to the functions of the Office of Coal Development and Marketing transferred to the Department of Natural Resources by this Act.

Section 50. Rights, obligations, and duties unaffected by transfer. The transfer of powers, duties, rights, and responsibilities to the Department of Natural Resources under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred powers, duties, rights, and responsibilities.

Section 55. Acts and actions unaffected by transfer.

(a) This Act does not affect any act done, ratified, or canceled, or any right occurring or established, before the effective date of Executive Order 3 (2017) in connection with any function of the Office of Energy and Recycling transferred under this Act.

(b) This Act does not affect any act done, ratified, or canceled, or any right occurring or established, before the effective date of Executive Order 3 (2017) in connection with any function of the Office of Coal Development and Marketing transferred under this Act.

(c) This Act does not affect any action or proceeding had or commenced before the effective date of Executive Order 3 (2017) in an administrative, civil, or criminal cause regarding a function of the Office of Coal Development and Marketing transferred from the Department of Commerce and Economic Opportunity, but any such action or proceeding may be defended, prosecuted, or continued by the Department of Natural Resources.

Section 60. Exercise of transferred powers; savings provisions. The powers, duties, rights, and responsibilities related to the functions of the Office of Coal Development and Marketing transferred under this Act are vested in and shall be exercised by the Department of Natural Resources. Each act done in the exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Department of Commerce and Economic Opportunity or its divisions, officers, or employees.

Section 65. Relationship to other laws.

(a) From the effective date of the reorganization under this Act, and as long as the reorganization remains in effect, the operation of any prior Act of the General Assembly inconsistent with this reorganization is suspended to the extent of the inconsistency.

(b) This Act does not contravene, and shall not be construed to contravene, any: federal law; State statute, except as provided in subsection (a) of this Section; or collective bargaining agreement.

Section 70. Annual report concerning transfers. The Department of Natural Resources shall provide a report to the General Assembly not later than December 31, 2017 and annually thereafter for 3 years, that includes an analysis of the effect of the reorganization under this Act related to the Department on State government and the Illinois taxpayers. The report shall also include recommendations for further legislation relating to the implementation of the reorganization. A copy of each report shall be filed with the General Assembly as provided under Section 3.1 of the General Assembly Organization Act.

Section 905. The Department of Natural Resources Act is amended by changing Section 80-20 as follows:

(20 ILCS 801/80-20)

Sec. 80-20. Transfer of powers.

(a) Except as otherwise provided in this Act, all of the rights, powers, and duties vested by law in the Department of Conservation or in any office, division, or bureau thereof are retained by the Department of Natural Resources.

All of the rights, powers, and duties vested by law in the Department of Conservation, or in any office, division, or bureau thereof, pertaining to the Lincoln Monument are transferred to the Historic Preservation Agency.

(b) Except as otherwise provided in this Act, all of the rights, powers, and duties vested by law in the Department of Energy and Natural Resources or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

All of the rights, powers, and duties vested by law in the Department of Energy and Natural Resources, or in any office, division, or bureau thereof, pertaining to recycling programs and solid waste management, energy conservation and alternative energy programs, coal development and marketing programs, and Exxon overcharge matters are transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), except for those rights, powers, and duties transferred to the Environmental Protection Agency or the Department of Natural Resource under the Executive Order 3 (2017) Implementation Act.

(c) All of the rights, powers, and duties vested by law in the Department of Mines and Minerals or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(d) All of the rights, powers, and duties vested by law in the Abandoned Mined Lands Reclamation Council or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(e) All of the rights, powers, and duties vested by law in the Division of Water Resources of the Department of Transportation or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 910. The Energy Conservation and Coal Development Act is amended by changing Sections 1 and 3 as follows:

(20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)

Sec. 1. Definitions; transfer of duties.

(a) For the purposes of this Act, unless the context otherwise requires:

"Department" means the Department of Natural Resources Commerce and Economic Opportunity.

"Director" means the Director of Natural Resources Commerce and Economic Opportunity.

(b) As provided in Section 80-20 of the Department of Natural Resources Act, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall assume the rights, powers, and duties of the former Department of Energy and Natural Resources under this Act, except as those rights, powers, and duties are otherwise allocated or transferred by law. On and after the effective date of this amendatory Act of the 100th General Assembly, the rights powers, and duties of the Department of Commerce and Economic Opportunity under this Act are transferred to the Department of Natural Resources.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)

Sec. 3. Powers and duties.

(a) In addition to its other powers, the Department has the following powers:

(1) To administer for the State any energy programs and activities under federal law, regulations or guidelines, and to coordinate such programs and activities with other State agencies, units of local government, and educational institutions.

(2) To represent the State in energy matters involving the federal government, other states, units of local government, and regional agencies.

(3) To prepare energy contingency plans for consideration by the Governor and the General Assembly. Such plans shall include procedures for determining when a foreseeable danger exists of energy shortages, including shortages of petroleum, coal, nuclear power, natural gas, and other forms of energy, and shall specify the actions to be taken to minimize hardship and maintain the general welfare during such energy shortages.

(4) To cooperate with State colleges and universities and their governing boards in energy programs and activities.

(5) (Blank).

(6) To accept, receive, expend, and administer, including by contracts and grants to other State agencies, any energy-related gifts, grants, cooperative agreement funds, and other funds made available to the Department by the federal government and other public and private sources.

(7) To investigate practical problems, seek and utilize financial assistance, implement studies and conduct research relating to the production, distribution and use of alcohol fuels.

(8) To serve as a clearinghouse for information on alcohol production technology; provide assistance, information and data relating to the production and use of alcohol; develop informational packets and brochures, and hold public seminars to encourage the development and utilization of the best available technology.

(9) To coordinate with other State agencies in order to promote the maximum flow of information and to avoid unnecessary overlapping of alcohol fuel programs. In order to effectuate this goal, the Director of the Department or his representative shall consult with the Directors, or their representatives, of the Departments of Agriculture, Central Management Services, Transportation, and Revenue, the Office of the State Fire Marshal, and the Environmental Protection Agency.

(10) To operate, within the Department, an Office of Coal Development and Marketing for the promotion and marketing of Illinois coal both domestically and internationally. The Department may use monies appropriated for this purpose for necessary administrative expenses.

The Office of Coal Development and Marketing shall develop and implement an initiative to assist the coal industry in Illinois to increase its share of the international coal market.

(11) To assist the Department of Central Management Services in establishing and maintaining a system to analyze and report energy consumption of facilities leased by the Department of Central Management Services.

(12) To consult with the Department Departments of Natural Resources and Transportation and the Illinois Environmental Protection Agency for the purpose of developing methods and standards that encourage the utilization of coal combustion by-products as value added products in productive and benign applications.

(13) To provide technical assistance and information to sellers and distributors of storage hot water heaters doing business in Illinois, pursuant to Section 1 of the Hot Water Heater Efficiency Act.

(b) (Blank).

(c) (Blank).

(d) The Department shall develop a package of educational materials containing information regarding the necessity of waste reduction and recycling to reduce dependence on landfills and to maintain environmental quality. The Department shall make this information available to the public on its website and for schools to access for their development of materials. Those materials shall be suitable for instructional use in grades 3, 4 and 5.

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)

Section 915. The Clean Coal FutureGen for Illinois Act of 2011 is amended by changing Section 15 as follows:

(20 ILCS 1108/15)

Sec. 15. Definitions. For the purposes of this Act:

"Agency" means the Illinois Environmental Protection Agency or the United States Environmental Protection Agency depending upon which agency has primacy for the CO₂ injection permit.

"Captured CO₂" means CO₂ and other trace chemical constituents approved by the Agency for injection into the Mount Simon Formation.

"Carbon capture and storage" means the process of collecting captured CO₂ from coal combustion by-products for the purpose of injecting and storing the captured CO₂ for permanent storage.

"Carbon dioxide" or "CO₂" means a colorless, odorless gas in the form of one carbon and 2 oxygen atoms that is the principal greenhouse gas.

"Department" means the Department of Natural Resources Commerce and Economic Opportunity.

"Director" means the Director of Natural Resources Commerce and Economic Opportunity.

"Federal Department" means the federal Department of Energy.

"FutureGen Alliance" is a 501(c)(3) non-profit consortium of coal and energy producers created to benefit the public interest and the interest of science through the research, development, and demonstration of near zero-emission coal technology, with the cooperation of the Federal Department.

"FutureGen Project" means the public-private partnership between the Federal Department, the FutureGen Alliance, and other partners that will control captured CO₂ and will construct and operate a pipeline and storage field for captured CO₂.

"Mount Simon Formation" means the deep sandstone reservoir into which the sequestered CO₂ is to be injected at a depth greater than 3,500 feet below ground surface and that is bounded by the granitic basement below and the Eau Claire Shale above.

"Operator" means the FutureGen Alliance and its member companies, including their parent companies, subsidiaries, affiliates, directors, officers, employees, and agents, or a not-for-profit successor-in-interest approved by the Department.

"Operations phase" means the period of time during which the Operator injects and simultaneously monitors CO₂ into the Mount Simon Formation in accordance with its permit approved by the Agency for the FutureGen Project.

"Post-injection" means after the captured CO₂ has been successfully injected into the wellhead at the point at which the captured CO₂ is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation.

"Pre-injection" means all activities and occurrences prior to successful delivery into the wellhead at the point at which the captured CO₂ is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation, including but not limited to, the operation of the FutureGen Project.

"Public liability" means any civil legal liability arising out of or resulting from the storage, escape, release, or migration of the sequestered CO₂ that was injected by the Operator. The term "public liability", however, does not include any legal liability arising out of or resulting from the construction, operation, or other pre-injection activity of the Operator or any other third party.

"Public liability action" or "action" means a written demand, lawsuit, or claim from any third party received by the Operator seeking a remedy or alleging liability on behalf of Operator resulting from any public liability and is limited to such written demands, claims, or lawsuits asserting claims for property damages, personal or bodily injury damages, environmental damages, or trespass.

"Sequestered CO₂" means the captured CO₂ from the FutureGen Project operations that is injected into the Mount Simon Formation by the Operator.

(Source: P.A. 97-618, eff. 10-26-11.)

Section 920. The Illinois Coal and Energy Development Bond Act is amended by changing Sections 3, 3.1, 6, and 11 as follows:

(20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)

Sec. 3. The Department of Natural Resources Commerce and Economic Opportunity shall have the following powers and duties:

(a) To solicit, accept and expend gifts, grants or any form of assistance, from any source, including but not limited to, the federal government or any agency thereof;

(b) To enter into contracts, including, but not limited to, service contracts, with business, industrial, university, governmental or other qualified individuals or organizations to promote development of coal and other energy resources. Such contracts may be for, but are not limited to, the following purposes: (1) the commercial application of existing technology for development of coal resources, (2) to initiate or complete development of new technology for development of coal resources, and (3) for planning, design, acquisition, development, construction, improvement and financing a site or sites and facilities for establishing plants, projects or demonstrations for development of coal resources and research, development and demonstration of alternative forms of energy; and

(c) In the exercise of other powers granted it under this Act, to acquire property, real, personal or mixed, including any rights therein, by exercise of the power of condemnation in accordance with the procedures provided for the exercise of eminent domain under the Eminent Domain Act, provided, however, the power of condemnation shall be exercised solely for the purposes of siting and/or rights of way and/or easements appurtenant to coal utilization and/or coal conversion projects. The Department shall not exercise its powers of condemnation until it has used reasonable good faith efforts to acquire such property before filing a petition for condemnation and may thereafter use such powers when it determines that such condemnation of property rights is necessary to avoid unreasonable delay or economic hardship to the progress of activities carried out in the exercise of powers granted under this Act. After June 30, 1985, the Department shall not exercise its power of condemnation for a project which does not receive State or U.S. Government funding. Before use of the power of condemnation for projects not receiving State or U.S. Government funding, the Department shall hold a public hearing to receive comments on the exercise of the power of condemnation. The Department shall use the information received at hearing in making its final decision on the exercise of the power of condemnation. The hearing shall be held in a location reasonably accessible to the public interested in the decision. The Department shall promulgate guidelines for the conduct of the hearing.

(Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)

(20 ILCS 1110/3.1) (from Ch. 96 1/2, par. 4103.1)

Sec. 3.1. The Department of Natural Resources Commerce and Economic Opportunity is authorized to enter into agreements with a county or counties and expend funds authorized by this Act for purposes set forth in the County Coal Processing Act.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106)

Sec. 6. The Department of Natural Resources Commerce and Economic Opportunity is authorized to use general obligation bond funds for the purposes of issuing grants in accordance with this Act and the General Obligation Bond Act.

(Source: P.A. 96-1465, eff. 8-20-10.)

(20 ILCS 1110/11) (from Ch. 96 1/2, par. 4111)

Sec. 11. Expenditure of funds. At all times, the proceeds from the sale of Bonds are subject to appropriation by the General Assembly and may be expended in such amounts and at such times as the Department of Natural Resources Commerce and Economic Opportunity, with the approval of the Illinois Energy Resources Commission, may deem necessary or desirable for the specific purposes contemplated by this Act.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 925. The General Obligation Bond Act is amended by changing Section 7 as follows:

(30 ILCS 330/7) (from Ch. 127, par. 657)

Sec. 7. Coal and Energy Development. The amount of $242,700,000 is authorized to be used by the Department of Natural Resources Commerce and Economic Opportunity (formerly Department of Commerce and Community Affairs) for coal and energy development purposes, pursuant to Sections 2, 3 and 3.1 of the Illinois Coal and Energy Development Bond Act, for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act, including, but not limited to, for the purpose of development costs; and for the purposes specified in Section 605-332 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, and for the purpose of facility cost reports prepared pursuant to Sections 1-58 or 1-75(d)(4) of the Illinois Power Agency Act and for the purpose of development costs pursuant to Section 8.1 of the Energy Conservation and Coal Development Act. Of this amount:

(a) $143,500,000 is for the specific purposes of acquisition, development, construction, reconstruction, improvement, financing, architectural and technical planning and installation of capital facilities consisting of buildings, structures, durable equipment, and land for the purpose of capital development of coal resources within the State and for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act;

(b) $35,000,000 is for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act and making grants to generating stations and coal gasification facilities within the State of Illinois and to the owner of a generating station located in Illinois and having at least three coal-fired generating units with accredited summer capability greater than 500 megawatts each at such generating station as provided in Section 6 of that Bond Act;

(c) $13,200,000 is for research, development and demonstration of forms of energy other than that derived from coal, either on or off State property;

(d) $0 is for the purpose of providing financial assistance to new electric generating facilities as provided in Section 605-332 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois; and

(e) $51,000,000 is for the purpose of facility cost reports prepared for not more than one facility pursuant to Section 1-75(d)(4) of the Illinois Power Agency Act and not more than one facility pursuant to Section 1-58 of the Illinois Power Agency Act and for the purpose of up to $6,000,000 of development costs pursuant to Section 8.1 of the Energy Conservation and Coal Development Act.

(Source: P.A. 98-94, eff. 7-17-13; 98-781, eff. 7-22-14.)

Section 930. The Illinois Coal Technology Development Assistance Act is amended by changing Sections 2 and 4 as follows:

(30 ILCS 730/2) (from Ch. 96 1/2, par. 8202)

Sec. 2. As used in this Act:

(a) "coal" or "coal resources" means Illinois coal or coal products extracted from the ground or reclaimed from the waste material produced by coal extraction operations;

(b) "coal demonstration and commercialization" means projects for the construction and operation of facilities to prove the scientific and engineering validity or the commercial application of a coal extraction, preparation, combustion, gasification, liquefaction or other synthetic process, environmental control, or transportation method;

(c) "coal research" means scientific investigations conducted for the purpose of increasing the utilization of coal resources and includes investigations in the areas of extraction, preparation, characterization, combustion, gasification, liquefaction and other synthetic processes, environmental control, marketing, transportation, procurement of sites, and environmental impacts;

(d) "Fund" means the Coal Technology Development Assistance Fund;

(e) "Board" means the Illinois Coal Development Board or its successor;

(f) "Department" means the Department of Natural Resources Commerce and Economic Opportunity;

(g) "public awareness and education" means programs of education, curriculum development, public service announcements, informational advertising and informing the news media on issues related to the use of Illinois coal, the coal industry and related developments. Public awareness and education shall be directed toward school age residents of the State, the citizens of the State and other interested parties.

(Source: P.A. 94-793, eff. 5-19-06.)

(30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)

Sec. 4. Expenditures from Coal Technology Development Assistance Fund.

(a) The contents of the Coal Technology Development Assistance Fund may be expended, subject to appropriation by the General Assembly, in such amounts and at such times as the Department, with the advice and recommendation of the Board, may deem necessary or desirable for the purposes of this Act.

(b) The Department shall develop a written plan containing measurable 3-year and 10-year goals and objectives in regard to the funding of coal research and coal demonstration and commercialization projects, and programs designed to preserve and enhance markets for Illinois coal. In developing these goals and objectives, the Department shall consider and determine the appropriate balance for the achievement of near-term and long-term goals and objectives and of ensuring the timely commercial application of cost-effective technologies or energy and chemical production processes or systems utilizing coal. The Department of Commerce and Economic Opportunity shall develop the initial goals and objectives no later than December 1, 1993, and develop revised goals and objectives no later than July 1 annually thereafter until the effective date of this amendatory Act of the 100th General Assembly. On and after the effective date of this amendatory Act of the 100th General Assembly, the Department shall develop the revised goals and objectives under this subsection by no later than July 1 of each year.

(c) (Blank).

(d) Subject to appropriation, the Department of Natural Resources may use moneys in the Coal Technology Development Assistance Fund to administer its responsibilities under the Surface Coal Mining Land Conservation and Reclamation Act.

(Source: P.A. 99-523, eff. 6-30-16.)

Section 935. The Eminent Domain Act is amended by changing Section 15-5-5 as follows:

(735 ILCS 30/15-5-5)

Sec. 15-5-5. Eminent domain powers in ILCS Chapters 5 through 40. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain:

(5 ILCS 220/3.1); Intergovernmental Cooperation Act; cooperating entities; for Municipal Joint Action Water Agency purposes.

(5 ILCS 220/3.2); Intergovernmental Cooperation Act; cooperating entities; for Municipal Joint Action Agency purposes. (5 ILCS 585/1); National Forest Land Act; United States of America; for national forests.

(15 ILCS 330/2); Secretary of State Buildings in Cook County Act; Secretary of State; for office facilities in Cook County.

(20 ILCS 5/5-675); Civil Administrative Code of Illinois; the Secretary of Transportation, the Director of Natural Resources, and the Director of Central Management Services; for lands, buildings, and grounds for which an appropriation is made by the General Assembly.

(20 ILCS 620/9); Economic Development Area Tax Increment Allocation Act; municipalities; to achieve the objectives of the economic development project.

(20 ILCS 685/1); Particle Accelerator Land Acquisition Act; Department of Commerce and Economic Opportunity; for a federal high energy BEV Particle Accelerator.

(20 ILCS 835/2); State Parks Act; Department of Natural Resources; for State parks.

(20 ILCS 1110/3); Illinois Coal and Energy Development Bond Act; Department of Natural Resources Commerce and Economic Opportunity; for coal projects.

(20 ILCS 1920/2.06); Abandoned Mined Lands and Water Reclamation Act; Department of Natural Resources; for reclamation purposes.

(20 ILCS 1920/2.08); Abandoned Mined Lands and Water Reclamation Act; Department of Natural Resources; for reclamation purposes and for the construction or rehabilitation of housing.

(20 ILCS 1920/2.11); Abandoned Mined Lands and Water Reclamation Act; Department of Natural Resources; for eliminating hazards.

(20 ILCS 3105/9.08a); Capital Development Board Act; Capital Development Board; for lands, buildings and grounds for which an appropriation is made by the General Assembly.

(20 ILCS 3110/5); Building Authority Act; Capital Development Board; for purposes declared by the General Assembly to be in the public interest.

(40 ILCS 5/15-167); Illinois Pension Code; State Universities Retirement System; for real estate acquired for the use of the System.

(Source: P.A. 94-1055, eff. 1-1-07.)

Section 940. The Hot Water Heater Efficiency Act is amended by changing Section 1 as follows:

(815 ILCS 355/1) (from Ch. 96 1/2, par. 9551)

Sec. 1. (a) No new storage hot water heater which is not certified as meeting the energy efficiency standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., as set forth as the current ASHRAE 90 Standard, shall be purchased for resale or installation in the State after June 1, 1986; provided, however, that nothing contained herein shall prevent sales from being made in the State for use outside the State and provided that the inventory of storage hot water heaters existing on April 1, 1986 may be sold after June 1, 1986. Upon the effective date of this Act, no retail seller or distributor shall increase its inventory of storage hot water heaters which are not certified as being in compliance with the current ASHRAE 90 Standard, and all storage hot water heaters sold after June 1, 1986 shall be certified and labeled by the manufacturer as being in compliance with the current ASHRAE 90 Standard.

(b) The Environmental Protection Agency, in coordination with the Department of Natural Resources, The Department of Commerce and Economic Opportunity shall provide technical assistance and information to retail sellers and distributors of storage hot water heaters doing business in Illinois to facilitate compliance with the provisions of this Act.

(c) This Act does not apply to storage hot water heaters with a capacity of 20 or fewer gallons designed expressly for use in recreational vehicles.

(d) Any violation of subsection (a) shall be a petty offense; provided a fine of not less than $50 nor more than $500 shall be imposed, and all fines shall be imposed consecutively. Each storage hot water heater sold in violation of this Act shall constitute a separate offense.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 999. Effective date. This Act takes effect upon becoming law.