SB2485ham002 96TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 11/30/2010

09600SB2485ham002 LRB096 14944 ASK 44279 a

AMENDMENT TO SENATE BILL 2485

AMENDMENT NO. ______. Amend Senate Bill 2485, AS AMENDED, with reference to page and line numbers of House Amendment No. 1 as follows:

on page 5, line 19, by replacing "agreement" with "agreements"; and

on page 7, lines 21 through 23, by deleting "only as approved by the Commission pursuant to Section 1-77 of this Act"; and

on page 20, lines 8 through 9, by replacing "each year" with "at least every 5 years"; and

on page 21, line 16, by replacing "each year" with "at least every 5 years"; and

on page 24, line 23, by replacing "3-year" with "5-year"; and

on page 24, line 26, by replacing "one-year" with "5-year"; and

on page 25, line 21, after "plans", by inserting "under subsection (a)"; and

on page 31, line 6, after "plans", by inserting "under subsection (a)"; and

on page 35, by replacing line 2 with "with the initial clean coal facility facilities pursuant to"; and

on page 35, line 19, by replacing "Section" with "paragraph (3)"; and

on page 35, line 25, by replacing "that meet" with "meets"; and

on page 35, by replacing line 26 with "requirements, each proposed initial clean coal facility meeting each of the requirements shall submit a proposed sourcing agreement to"; and

on page 48, line 24, after "facility.", by inserting "The mediator shall have knowledge of the energy industry."; and

on page 50, by replacing line 14 with "and submitted, whether prepared and submitted before or after the effective date of this amendatory Act of the 96th General Assembly and authorizations and approvals obtained:"; and

on page 58, line 11, after "in", by inserting "this"; and

on page 59, line 1, after "days", by inserting "after the"; and

on page 59, line 3, by replacing "approve" with "calculate"; and

on page 59, line 4, by replacing "based upon such projections and" with "using the inputs to the formula rate under"; and

on page 59, line 5, by replacing "approve" with "calculate"; and

on page 59, line 16, by replacing "approved" with "calculated"; and

on page 59, line 23, by deleting "incurred by the initial clean coal facility"; and

on page 59, line 24, after "incorporated", by inserting "as a deduction"; and

on page 60, line 15, after "any", by inserting "cost information and"; and

on page 60, by replacing lines 23 and 24 with "(d) of Section 1-75 of this Act;"; and

on page 63, by replacing line 21 with "contractors with respect to the contractor bearing risk for"; and

on page 66, line 25, by deleting "for producing SNG"; and

on page 67, line 1, after "million", by inserting "btu content"; and

on page 67, line 23, after "means costs", by inserting "per ton of sequestered carbon dioxide"; and

on page 68, line 8, after "Accounts", by inserting "for the initial clean coal facility"; and

on page 68, line 11, after "System of Accounts", by inserting "for the initial clean coal facility"; and

on page 68, by replacing line 24 with "determining sequestration capital costs and sequestration operations and maintenance costs, the Capital Development"; and

on page 69, line 1, after "any", by inserting "cost information and"; and

on page 69, line 2, after "not", by inserting "employ"; and

on page 69, lines 7 through 9 by deleting "and any update on costs that may be provided by the initial clean coal facility"; and

on page 70, line 8, by replacing "(e)" with "(f)"; and

on page 72, line 16, by replacing "repeal and amendment" with "repeal, or amendment"; and

on page 73, line 3, immediately after "United States", by inserting "."; and

on page 73, immediately below line 22, by inserting the following:

"The Agency shall recommend a rate of return to the Commission utilizing the criteria in this subsection (f). The Commission shall further take into account the recommendation of the Agency, but shall not be bound by it."; and

on page 73, line 25, after "utilities", by inserting "in accordance with original cost rate base"; and

on page 74, line 11, by replacing "take account of" with "adjust for"; and

on page 74, by replacing lines 16 through 19 with "The Commission's"; and

on page 76, by replacing lines 9 and 10 with "assist with calculating the capital costs or sequestration costs shall be retained no later"; and

on page 79, line 20, by deleting "SNG"; and

on page 81, lines 8 through 9, by deleting "to ensure the safety and feasibility of those sequestration sites"; and

on page 82, by replacing lines 14 through 21 with the following: "Environmental Protection Agency of such conditions. In circumstances in which the carbon dioxide pipeline creates a substantial danger to the environment or public health or to the welfare of persons when the danger is to the livelihood of those persons, the State's Attorney or Attorney General may, upon the request of the Commission or on his or her own motion, institute a civil action for an immediate injunction to halt any discharge or other activity causing or contributing to the danger or require any other action as may be necessary. The Court may issue an ex parte order and shall schedule a hearing on the matter no later than 3 business days after the date of the injunction. The Commission shall provide notice of any such actions as soon as possible on its website."; and

on page 82, line 25, after "years", by inserting "beginning in 2012"; and

on page 84, by replacing line 1 with "feedstock over the term of the sourcing agreement;"; and

on page 87, line 21, by replacing ", as necessary," with "at least every 5 years"; and

on page 96, line 11, by replacing "utilizes" with "utilities"; and

on page 96, line 12, by replacing "(1)" with "(3)"; and

on page 100, lines 16 through 17, by deleting ", the range of operating and maintenance costs,"; and

on page 114, by replacing lines 15 and 16 with "that in lieu of the requirements in subparagraphs (B)(iii), (B)(iv), (C)(i), (D)(ii), (D)(vi), and (D)(vii) (A)(v), (B)(i), (C)(v), and (C)(vi) of"; and

on page 115, line 21, by replacing "or" with "and or"; and

on page 115, line 22, by replacing "provisions" with "contract for differences provisions"; and

on page 116, lines 14 and 20, by replacing "such prior" each time it appears with "the third month preceding the current such prior"; and

on page 116, line 19, after "utilities", by inserting "in the State"; and

on page 116, by replacing lines 22 and 23 with the following:

"(v) (blank);"; and

on page 128, line 9, after "Agency.", by inserting "Costs for which a person is liable under this subsection (d) are in addition to any other fees, penalties, or other relief provided under this Act or any other law."; and

on page 129, by deleting all of Section 99.