Illinois General Assembly - Bill Status for SB 2485

Amends the Public Utilities Act. Provides that specified provisions concerning a certificate of public convenience and necessity do not apply to an electric utility providing transmission service connections located within its certified or service territory in the usual course of business or transmission system extensions approved pursuant to a specific provision. Adds a provision concerning an alternative procedure for obtaining a certificate of public convenience and necessity for specified transmission line extensions not in the usual course of business. Includes land use studies as an activity requiring a certificate of public convenience and necessity. Effective immediately.

Replaces everything after the enacting clause. Amends the Public Utilities Act. In provisions concerning the issuance of a certificate of public convenience and necessity by the Illinois Commerce Commission, includes as a factor, public utility's engineering judgment regarding the materials used for construction. Provides that a public utility that undertakes any of the actions described in specified provisions or that has obtained approval pursuant to specified provisions Act shall not be required to comply with specified requirements to the extent such requirements otherwise would apply. Provides that a public utility may apply for an expedited certificate of public convenience and necessity for the construction of any new high voltage electric service line and related facilities (Project). Specifies the requirements and fees for an expedited process for obtaining a certificate of public convenience and necessity. Provides that if a public utility seeks relief under the expedited process, then the Commission shall issue its order under this Section within 45 days after the utility files its petition provisions concerning eminent domain. Provides that the process for obtaining an expedited certificate may also be used for land surveys and land use studies. Effective immediately.

Replaces everything after the enacting clause with the bill as amended by Senate Committee Amendment No. 1 with the following changes. Provides that at the first status hearing for a certificate of public convenience and necessity the administrative law judge shall set a schedule for discovery that shall take into consideration the expedited nature of the proceeding. Replaces the language concerning confidential information with language that provides that nothing in the provisions prohibits a utility from requesting, or the Commission from approving, protection of confidential or proprietary information under applicable law, and the public utility may seek confidential protection of any of the information provided, subject to Commission approval. Provides that, if the Project traverses 2 contiguous counties and where in one county the transmission line mileage and number of landowners over whose property the proposed route traverses is 1/5 or less of the transmission line mileage and number of such landowners of the other county, then the utility may combine the 3 pre-filing meetings in the county with the greater transmission line mileage and affected landowners. Provides for 150 days (rather than 120 days) for the Commission to grant or deny the application. Makes changes concerning the issuance of orders concerning eminent domain. Makes other organizational and technical changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Adds the definition of "initial clean coal facility". Makes changes to the definitions for "clean coal facility", "clean coal SNG facility", "sequester", and "servicing agreement" (now, "sourcing agreement"). In a provision concerning the general powers of the Illinois Power Agency ("Agency"), adds the power to conduct competitive gasification feedstock processes to procure the feedstocks for initial clean coal facility in accordance with the Act and the power to review, revise, and approve sourcing agreements. Adds provisions concerning the Planning and Procurement Bureau, feedstock procurement plans, competitive feedstock procurement processes, costs and revenue recoverable by the initial clean coal facility, sequestration permitting, oversight, and investigations. Provides for additional authority and responsibilities related to the initial clean coal facility for the Illinois Commerce Commission and the Capital Development Board, including provisions concerning costs, sourcing agreements, and capture and sequestration requirements. Provides that both the Illinois Environmental Protection Agency and the Commission shall annually inspect all carbon dioxide sequestration sites in the State. Adds new provisions concerning feedstock procurement plans and the implementation of feedstock procurement processes for initial clean coal facilities, including the requirements of a feedstock procurement administrator and the process for approval by the Commission. Amends the Illinois Procurement Code. Provides that the Code shall not apply to certain processes under the Illinois Power Agency Act related to initial clean coal facilities. Exempts from the Code a certain alternative bidding procedure under the Illinois Power Agency Act. Amends the Public Utilities Act. Adds the definitions for "initial clean coal facility", "sequester", "sourcing agreement", and "substitute natural gas" or "SNG". Adds provisions concerning the requirements of an initial clean coal facility to capture and sequester a certain amount of carbon emissions from its facility. Amends the Illinois Gas Pipeline Safety Act. Changes the definition of "gas" to include carbon dioxide. Makes changes to the definitions of "transportation of gas", and "pipeline facilities". Provides that the Commission shall adopt rules establishing minimum safety standards for (1) the transportation of carbon dioxide in any physical form for the purpose of sequestration and (2) pipeline facilities used for that function. Provides that the Illinois Environmental Protection Agency, the Illinois Commerce Commission, the Capital Development Board, and the Illinois Department of Natural Resources shall have rulemaking authority to implement the provisions of the amendatory Act. Includes an inseverability provision. Effective immediately.

Amends the Illinois Power Agency Act. Makes a change to the definition of "sequester". Specifies that the Planning and Procurement Bureau shall at least every 5 years (instead of each year) beginning in 2012 develop feedstock procurement plans and conduct competitive feedstock procurement processes. Provides that the Illinois Power Agency ("Agency") shall award a 5-year contract (instead of 3-year) to the expert or expert consulting firm selected to serve as the feedstock procurement administrator, with an option for a 5-year renewal (instead of one-year). Provides that the mediator for disputes over the draft sourcing agreement's terms shall have knowledge of the energy industry. In a provision requiring certain reports to be submitted prior to a proposed sourcing agreement with the initial clean coal facility becoming effective, specifies that the reports may be prepared and submitted either before or after the effective date of the amendatory Act. In a provision concerning costs recoverable by the initial clean coal facility, provides that the Illinois Commerce Commission ("Commission") shall calculate (instead of approve) a price per Mwh for the upcoming year using the inputs to the formula rate under certain provisions. Makes several other changes to provisions concerning costs and revenue recoverable by the initial clean coal facility. Provides that in certain circumstances where the carbon dioxide pipeline creates a substantial danger, the State's Attorney or Attorney General may institute a civil action for an immediate injunction. Makes several technical changes. Makes other changes. Makes a change in the Illinois Procurement Code. Makes a technical change in the Public Utilities Act. In the Environmental Protection Act, provides that certain costs for which a person is liable under the Act are in addition to any other fees, penalties, or other relief provided under the Act or any other law. Deletes the effective date provision.

Date	Chamber	Action
1/12/2011	Senate	Session Sine Die

Date	Chamber	Action
10/15/2009	Senate	Filed with Secretary by Sen. William R. Haine
10/15/2009	Senate	First Reading
10/15/2009	Senate	Referred to Assignments
2/16/2010	Senate	Assigned to Energy
2/18/2010	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
2/18/2010	Senate	Senate Committee Amendment No. 1 Referred to Assignments
2/18/2010	Senate	Added as Chief Co-Sponsor Sen. Dale E. Risinger
2/23/2010	Senate	Senate Committee Amendment No. 1 Assignments Refers to Energy
3/2/2010	Senate	Added as Chief Co-Sponsor Sen. David Koehler
3/3/2010	Senate	Senate Committee Amendment No. 1 Adopted
3/3/2010	Senate	Do Pass as Amended Energy; 013-000-000
3/3/2010	Senate	Placed on Calendar Order of 2nd Reading March 4, 2010
3/4/2010	Senate	Second Reading
3/4/2010	Senate	Placed on Calendar Order of 3rd Reading March 9, 2010
3/19/2010	Senate	Rule 2-10 Third Reading Deadline Established As March 26, 2010
3/26/2010	Senate	Rule 2-10 Third Reading Deadline Established As April 15, 2010
4/13/2010	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
4/13/2010	Senate	Senate Floor Amendment No. 2 Referred to Assignments
4/14/2010	Senate	Senate Floor Amendment No. 2 Assignments Refers to Energy
4/22/2010	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Energy; 013-000-000
4/22/2010	Senate	Added as Co-Sponsor Sen. James F. Clayborne, Jr.
4/23/2010	Senate	Added as Co-Sponsor Sen. Dale A. Righter
4/23/2010	Senate	Rule 2-10 Third Reading Deadline Established As May 7, 2010
4/30/2010	Senate	Recalled to Second Reading
4/30/2010	Senate	Senate Floor Amendment No. 2 Adopted; Haine
4/30/2010	Senate	Placed on Calendar Order of 3rd Reading
4/30/2010	Senate	Third Reading - Passed; 053-000-000
5/3/2010	House	Arrived in House
5/3/2010	House	Chief House Sponsor Rep. Dan Reitz
5/3/2010	House	Placed on Calendar Order of First Reading
5/3/2010	House	First Reading
5/3/2010	House	Referred to Rules Committee
11/10/2010	House	Final Action Deadline Extended-9(b) January 11, 2011
11/10/2010	House	Assigned to Electric Generation & Commerce Committee
11/29/2010	House	Alternate Chief Sponsor Changed to Rep. Frank J. Mautino
11/29/2010	House	House Committee Amendment No. 1 Filed with Clerk by Electric Generation & Commerce Committee
11/29/2010	House	House Committee Amendment No. 1 Adopted in Electric Generation & Commerce Committee; by Voice Vote
11/29/2010	House	Do Pass as Amended / Short Debate Electric Generation & Commerce Committee; 007-004-000
11/29/2010	House	Placed on Calendar 2nd Reading - Short Debate
11/29/2010	House	Second Reading - Short Debate
11/29/2010	House	Placed on Calendar Order of 3rd Reading - Short Debate
11/30/2010	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Frank J. Mautino
11/30/2010	House	House Floor Amendment No. 2 Referred to Rules Committee
11/30/2010	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
11/30/2010	House	Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman
11/30/2010	House	Added Alternate Chief Co-Sponsor Rep. Bill Mitchell
11/30/2010	House	Added Alternate Chief Co-Sponsor Rep. John D. Cavaletto
11/30/2010	House	Added Alternate Chief Co-Sponsor Rep. David Reis
11/30/2010	House	Added Alternate Co-Sponsor Rep. Jim Sacia
11/30/2010	House	Recalled to Second Reading - Short Debate
11/30/2010	House	House Floor Amendment No. 2 Adopted by Voice Vote
11/30/2010	House	Placed on Calendar Order of 3rd Reading - Short Debate
11/30/2010	House	Third Reading - Consideration Postponed
11/30/2010	House	Placed on Calendar - Consideration Postponed
11/30/2010	House	Third Reading - Short Debate - Passed 063-050-001
11/30/2010	Senate	Secretary's Desk - Concurrence House Amendment(s) 1, 2
11/30/2010	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - December 1, 2010
12/1/2010	Senate	Sponsor Removed Sen. Dale A. Righter
12/1/2010	Senate	Chief Sponsor Changed to Sen. Deanna Demuzio
12/1/2010	Senate	House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Deanna Demuzio
12/1/2010	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments
12/1/2010	Senate	House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Deanna Demuzio
12/1/2010	Senate	House Floor Amendment No. 2 Motion to Concur Referred to Assignments
12/1/2010	Senate	House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
12/1/2010	Senate	House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
12/1/2010	Senate	House Committee Amendment No. 1 Motion to Concur Postponed Executive
12/1/2010	Senate	House Floor Amendment No. 2 Motion to Concur Postponed Executive
1/2/2011	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Assignments
1/2/2011	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
1/2/2011	Senate	House Floor Amendment No. 2 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
1/4/2011	Senate	Added as Co-Sponsor Sen. David Luechtefeld
1/4/2011	Senate	Added as Co-Sponsor Sen. John O. Jones
1/5/2011	Senate	Approved for Consideration Assignments
1/5/2011	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - January 5, 2011
1/5/2011	Senate	House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
1/5/2011	Senate	House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
1/5/2011	Senate	House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 008-004-001
1/5/2011	Senate	House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 008-004-001
1/5/2011	Senate	House Committee Amendment No. 1 Motion to Concur - Consideration Postponed
1/5/2011	Senate	House Floor Amendment No. 2 Motion to Concur - Consideration Postponed
1/5/2011	Senate	Placed on Calendar Order of Concurrence Consideration Postponed January 6, 2011
1/6/2011	Senate	Chief Sponsor Changed to Sen. James F. Clayborne, Jr.
1/12/2011	Senate	House Committee Amendment No. 1 Motion to Concur Lost 018-033-004
1/12/2011	Senate	House Floor Amendment No. 2 Motion to Concur Lost 018-033-004
1/12/2011	Senate	Session Sine Die

	Deletes reference to:
	220 ILCS 5/8-406

	Adds reference to:
	20 ILCS 3855/1-10