Full Text of SB3254 100th General Assembly
SB3254eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Executive Order 3 (2017) Implementation Act. | 6 | | Section 5. Effect. This Act, including all of the | 7 | | amendatory provisions of this Act, implements and supersedes | 8 | | the provisions of Executive Order 3 (2017) concerning the | 9 | | transfer of rights, powers, duties, responsibilities, | 10 | | employees, property, funds, and functions from the Department | 11 | | of Commerce and Economic Opportunity to the Department of | 12 | | Natural Resources. | 13 | | Section 10. Functions transferred. On the effective date of | 14 | | this Act or as soon thereafter as practical, all powers, | 15 | | duties, rights, and responsibilities of the Office of Coal | 16 | | Development and Marketing established in accordance with the | 17 | | Energy Conservation and Coal Development Act under the | 18 | | Department of Commerce and Economic Opportunity are | 19 | | transferred to the Department of Natural Resources. All of the | 20 | | general powers reasonably necessary and convenient to | 21 | | implement and administer the Office of Coal Development and | 22 | | Marketing are vested in and shall be exercised by the |
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| 1 | | Department of Natural Resources. | 2 | | Section 20. Representation on boards or other entities. The | 3 | | manner in which any official is appointed, except that whenever | 4 | | any previous Executive Order or any statute provides for | 5 | | membership on any board, commission, authority, or other entity | 6 | | by a representative or designee of the Department of Commerce | 7 | | and Economic Opportunity with responsibility for the functions | 8 | | transferred to the Department of Natural Resources, the | 9 | | Director of Natural Resources shall designate the same number | 10 | | of representatives or designees of the Department of Natural | 11 | | Resources; | 12 | | (1) whether the nomination or appointment of any official | 13 | | is subject to the advice and consent of the Senate; | 14 | | (2) any eligibility or qualification requirements | 15 | | pertaining to service as an official; or | 16 | | (3) the service or term of any incumbent official serving | 17 | | as of the effective date of this Act. | 18 | | Section 25. Personnel transferred. | 19 | | (b) Personnel and positions within the Department of | 20 | | Commerce and Economic Opportunity that are engaged in the | 21 | | performance of the Office of Coal Development and Marketing | 22 | | functions transferred to the Department of Natural Resources | 23 | | under this Act are transferred to and shall continue their | 24 | | service within the Department of Natural Resources. The status |
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| 1 | | and rights of those employees under the Personnel Code shall | 2 | | not be affected by this Act. The status and rights of the | 3 | | employees and the State of Illinois and its agencies under the | 4 | | Personnel Code, the Illinois Public Labor Relations Act, and | 5 | | applicable collective bargaining agreements or under any | 6 | | pension, retirement, or annuity plan shall not be affected by | 7 | | this Act. | 8 | | Section 30. Books and records transferred. All books, | 9 | | records, papers, documents, property (real and personal), | 10 | | contracts, causes of action, and pending business pertaining to | 11 | | the powers, duties, rights, and responsibilities transferred | 12 | | related to any of the functions of the Office of Coal | 13 | | Development and Marketing transferred under this Act from the | 14 | | Department of Commerce and Economic Opportunity to the | 15 | | Department of Natural Resources, including, but not limited to, | 16 | | material in electronic or magnetic format and necessary | 17 | | computer hardware and software, shall be transferred to the | 18 | | Department of Natural Resources. | 19 | | Section 35. Successor agencies; unexpended moneys | 20 | | transferred. With respect to the functions of the Office of | 21 | | Coal Development and Marketing transferred under this Act, the | 22 | | Department of Natural Resources is the successor agency to the | 23 | | Department of Commerce and Economic Opportunity under the | 24 | | Successor Agency Act and Section 9b of the State Finance Act. |
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| 1 | | All unexpended appropriations and balances and other funds | 2 | | available for use by the Office of Coal Development and | 3 | | Marketing shall, pursuant to the direction of the Governor, be | 4 | | transferred for use by the Department of Natural Resources in | 5 | | accordance with this Act. Unexpended balances so transferred | 6 | | shall be expended by the Department of Natural Resources only | 7 | | for the purpose for which the appropriations were originally | 8 | | made. | 9 | | Section 40. Reports, notices, or papers. | 10 | | (a) Whenever reports or notices are required to be made or | 11 | | given or papers or documents furnished or served by any person | 12 | | to or upon the Department of Commerce and Economic Opportunity | 13 | | in connection with any of the powers, duties, rights, or | 14 | | responsibilities transferred by this Act to the Environmental | 15 | | Protection Agency, the same shall be made, given, furnished, or | 16 | | served in the same manner to or upon the Environmental | 17 | | Protection Agency.
| 18 | | (b) Whenever reports or notices are required to be made or | 19 | | given or papers or documents furnished or served by any person | 20 | | to or upon the Department of Commerce and Economic Opportunity | 21 | | in connection with any of the powers, duties, rights, or | 22 | | responsibilities transferred by this Act to the Department of | 23 | | Natural Resources, the same shall be made, given, furnished, or | 24 | | served in the same manner to or upon the Department of Natural | 25 | | Resources. |
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| 1 | | Section 45. Office of Coal Development and Marketing; | 2 | | rules. | 3 | | (a) Any rules that (1) relate to the functions of the | 4 | | Office of Coal Development and Marketing transferred to the | 5 | | Department of Natural Resources by this Act, (2) are in full | 6 | | force on the effective date of Executive Order 3 (2017), and | 7 | | (3) have been duly adopted by the Department of Commerce and | 8 | | Economic Opportunity shall become the rules of the Department | 9 | | of Natural Resources. This Act does not affect the legality of | 10 | | any such rules in the Illinois Administrative Code. | 11 | | (b) Any proposed rule filed with the Secretary of State by | 12 | | the Department of Commerce and Economic Opportunity that | 13 | | pertains to the functions of the Office of Coal Development and | 14 | | Marketing transferred to the Department of Natural Resources by | 15 | | this Act and that is pending in the rulemaking process on the | 16 | | effective date of Executive Order 3 (2017) shall be deemed to | 17 | | have been filed by the Department of Natural Resources. | 18 | | (c) On and after the effective date of this Act, the | 19 | | Department of Natural Resources may propose and adopt, under | 20 | | the Illinois Administrative Procedure Act, other rules that | 21 | | relate to the functions of the Office of Coal Development and | 22 | | Marketing transferred to the Department of Natural Resources by | 23 | | this Act. | 24 | | Section 50. Rights, obligations, and duties unaffected by |
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| 1 | | transfer. The transfer of powers, duties, rights, and | 2 | | responsibilities to the Department of Natural Resources under | 3 | | this Act does not affect any person's rights, obligations, or | 4 | | duties, including any civil or criminal penalties applicable | 5 | | thereto, arising out of those transferred powers, duties, | 6 | | rights, and responsibilities. | 7 | | Section 55. Acts and actions unaffected by transfer. | 8 | | (a) This Act does not affect any act done, ratified, or | 9 | | canceled, or any right occurring or established, before the | 10 | | effective date of Executive Order 3 (2017) in connection with | 11 | | any function of the Office of Energy and Recycling transferred | 12 | | under this Act. | 13 | | (b) This Act does not affect any act done, ratified, or | 14 | | canceled, or any right occurring or established, before the | 15 | | effective date of Executive Order 3 (2017) in connection with | 16 | | any function of the Office of Coal Development and Marketing | 17 | | transferred under this Act.
| 18 | | (c) This Act does not affect any action or proceeding had | 19 | | or commenced before the effective date of Executive Order 3 | 20 | | (2017) in an administrative, civil, or criminal cause regarding | 21 | | a function of the Office of Coal Development and Marketing | 22 | | transferred from the Department of Commerce and Economic | 23 | | Opportunity, but any such action or proceeding may be defended, | 24 | | prosecuted, or continued by the Department of Natural | 25 | | Resources. |
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| 1 | | Section 60. Exercise of transferred powers; savings | 2 | | provisions. The powers, duties, rights, and responsibilities | 3 | | related to the functions of the Office of Coal Development and | 4 | | Marketing transferred under this Act are vested in and shall be | 5 | | exercised by the Department of Natural Resources. Each act done | 6 | | in the exercise of those powers, duties, rights, and | 7 | | responsibilities shall have the same legal effect as if done by | 8 | | the Department of Commerce and Economic Opportunity or its | 9 | | divisions, officers, or employees. | 10 | | Section 65. Relationship to other laws. | 11 | | (a) From the effective date of the reorganization under | 12 | | this Act, and as long as the reorganization remains in effect, | 13 | | the operation of any prior Act of the General Assembly | 14 | | inconsistent with this reorganization is suspended to the | 15 | | extent of the inconsistency. | 16 | | (b) This Act does not contravene, and shall not be | 17 | | construed to contravene, any: federal law; State statute, | 18 | | except as provided in subsection (a) of this Section; or | 19 | | collective bargaining agreement. | 20 | | Section 70. Annual report concerning transfers. The | 21 | | Department of Natural Resources shall provide a report to the | 22 | | General Assembly not later than December 31, 2017 and annually | 23 | | thereafter for 3 years, that includes an analysis of the effect |
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| 1 | | of the reorganization under this Act related to the Department | 2 | | on State government and the Illinois taxpayers. The report | 3 | | shall also include recommendations for further legislation | 4 | | relating to the implementation of the reorganization. A copy of | 5 | | each report shall be filed with the General Assembly as | 6 | | provided under Section 3.1 of the General Assembly Organization | 7 | | Act. | 8 | | Section 905. The Department of Natural Resources Act is | 9 | | amended 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 | 13 | | rights, powers,
and duties vested by law in the Department of | 14 | | Conservation or in any office,
division, or bureau thereof are | 15 | | retained by the Department of Natural
Resources.
| 16 | | All of the rights, powers, and duties vested by law in the | 17 | | Department of
Conservation, or in any office, division, or | 18 | | bureau thereof, pertaining to the
Lincoln Monument are | 19 | | transferred to the Historic Preservation Agency.
| 20 | | (b) Except as otherwise provided in this Act, all of the | 21 | | rights, powers,
and duties vested by law in the Department of | 22 | | Energy and Natural Resources or
in any office, division, or | 23 | | bureau thereof are transferred to the Department of
Natural | 24 | | Resources.
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| 1 | | All of the rights, powers, and duties vested by law in the | 2 | | Department of
Energy and Natural Resources, or in any office, | 3 | | division, or bureau thereof,
pertaining to recycling programs | 4 | | and solid waste management, energy
conservation and | 5 | | alternative energy programs, coal development and marketing
| 6 | | programs, and Exxon overcharge matters are transferred to the | 7 | | Department of
Commerce and Community Affairs (now Department of | 8 | | Commerce and Economic Opportunity) , except for those rights, | 9 | | powers, and duties transferred to the Environmental Protection | 10 | | Agency or the Department of Natural Resources under the | 11 | | Executive Order 3 (2017) Implementation Act .
| 12 | | (c) All of the rights, powers, and duties vested by law in | 13 | | the Department of
Mines and Minerals or in any office, | 14 | | division, or bureau thereof are
transferred to the Department | 15 | | of Natural Resources.
| 16 | | (d) All of the rights, powers, and duties vested by law in | 17 | | the Abandoned
Mined Lands Reclamation Council or in any office, | 18 | | division, or bureau thereof
are transferred to the Department | 19 | | of Natural Resources.
| 20 | | (e) All of the rights, powers, and duties vested by law in | 21 | | the Division of
Water Resources of the Department of | 22 | | Transportation or in any office, division,
or bureau thereof | 23 | | are 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 |
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| 1 | | Act 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 | 5 | | otherwise 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 | 11 | | Natural Resources
Act, the Department of Commerce and Community | 12 | | Affairs (now Department of Commerce and Economic Opportunity)
| 13 | | shall assume the rights,
powers, and duties of the former | 14 | | Department of Energy and Natural Resources
under this Act, | 15 | | except as those rights, powers, and duties are otherwise
| 16 | | allocated or transferred by law. On and after the effective | 17 | | date of this amendatory Act of the 100th General Assembly, the | 18 | | rights, powers, and duties of the Department of Commerce and | 19 | | Economic Opportunity under this Act are transferred to the | 20 | | Department 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 |
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| 1 | | following
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
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| 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.
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| 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 | 22 | | materials
containing information regarding the necessity of | 23 | | waste reduction and recycling to reduce
dependence on landfills | 24 | | and to maintain environmental quality. The
Department shall | 25 | | make this information available to the public on its website | 26 | | and for schools to access for their development of materials. |
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| 1 | | Those materials shall be suitable for instructional use in | 2 | | grades 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 | 10 | | 2011 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 | 14 | | Agency or the United States Environmental Protection Agency | 15 | | depending upon which agency has primacy for the CO 2 injection | 16 | | permit. | 17 | | "Captured CO 2 " means CO 2 and other trace chemical | 18 | | constituents approved by the Agency for injection into the | 19 | | Mount Simon Formation. | 20 | | "Carbon capture and storage" means the process of | 21 | | collecting captured CO 2 from coal combustion by-products for | 22 | | the purpose of injecting and storing the captured CO 2 for | 23 | | permanent storage. | 24 | | "Carbon dioxide" or "CO 2 " means a colorless, odorless gas |
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| 1 | | in the form of one carbon and 2 oxygen atoms that is the | 2 | | principal greenhouse gas. | 3 | | "Department" means the Department of Natural Resources | 4 | | Commerce and Economic Opportunity . | 5 | | "Director" means the Director of Natural Resources | 6 | | Commerce and Economic Opportunity . | 7 | | "Federal Department" means the federal Department of | 8 | | Energy. | 9 | | "FutureGen Alliance" is a 501(c)(3) non-profit consortium | 10 | | of coal and energy producers created to benefit the public | 11 | | interest and the interest of science through the research, | 12 | | development, and demonstration of near zero-emission coal | 13 | | technology, with the cooperation of the Federal Department. | 14 | | "FutureGen Project" means the public-private partnership | 15 | | between the Federal Department, the FutureGen Alliance, and | 16 | | other partners that will control captured CO 2 and will | 17 | | construct and operate a pipeline and storage field for captured | 18 | | CO 2 . | 19 | | "Mount Simon Formation" means the deep sandstone reservoir | 20 | | into which the sequestered CO 2 is to be injected at a depth | 21 | | greater than 3,500 feet below ground surface and that is | 22 | | bounded by the granitic basement below and the Eau Claire Shale | 23 | | above. | 24 | | "Operator" means the FutureGen Alliance and its member | 25 | | companies, including their parent companies, subsidiaries, | 26 | | affiliates, directors, officers, employees, and agents, or a |
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| 1 | | not-for-profit successor-in-interest approved by the | 2 | | Department. | 3 | | "Operations phase" means the period of time during which | 4 | | the Operator injects and simultaneously monitors CO 2 into the | 5 | | Mount Simon Formation in accordance with its permit approved by | 6 | | the Agency for the FutureGen Project. | 7 | | "Post-injection" means after the captured CO 2 has been | 8 | | successfully injected into the wellhead at the point at which | 9 | | the captured CO 2 is transferred into the wellbore for carbon | 10 | | sequestration and storage into the Mount Simon Formation. | 11 | | "Pre-injection" means all activities and occurrences prior | 12 | | to successful delivery into the wellhead at the point at which | 13 | | the captured CO 2 is transferred into the wellbore for carbon | 14 | | sequestration and storage into the Mount Simon Formation, | 15 | | including but not limited to, the operation of the FutureGen | 16 | | Project. | 17 | | "Public liability" means any civil legal liability arising | 18 | | out of or resulting from the storage, escape, release, or | 19 | | migration of the sequestered CO 2 that was injected by the | 20 | | Operator. The term "public liability", however, does not | 21 | | include any legal liability arising out of or resulting from | 22 | | the construction, operation, or other pre-injection activity | 23 | | of the Operator or any other third party. | 24 | | "Public liability action" or "action" means a written | 25 | | demand, lawsuit, or claim from any third party received by the | 26 | | Operator seeking a remedy or alleging liability on behalf of |
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| 1 | | Operator resulting from any public liability and is limited to | 2 | | such written demands, claims, or lawsuits asserting claims for | 3 | | property damages, personal or bodily injury damages, | 4 | | environmental damages, or trespass. | 5 | | "Sequestered CO 2 " means the captured CO 2 from the FutureGen | 6 | | Project operations that is injected into the Mount Simon | 7 | | Formation by the Operator.
| 8 | | (Source: P.A. 97-618, eff. 10-26-11.) | 9 | | Section 920. The Illinois Coal and Energy Development Bond | 10 | | Act is amended by changing Sections 3, 3.1, 6, and 11 as | 11 | | follows:
| 12 | | (20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
| 13 | | Sec. 3. The Department of Natural Resources Commerce and | 14 | | Economic Opportunity shall have the
following powers and | 15 | | duties:
| 16 | | (a) To solicit, accept and expend gifts, grants or any form | 17 | | of
assistance, from any source, including but not limited to, | 18 | | the federal
government or any agency thereof;
| 19 | | (b) To enter into contracts, including, but not limited to, | 20 | | service
contracts, with business, industrial, university,
| 21 | | governmental or other qualified individuals or organizations | 22 | | to promote
development of coal and other energy resources. Such | 23 | | contracts may be
for, but are not limited to, the following | 24 | | purposes: (1) the
commercial application of existing |
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| 1 | | technology for development of coal
resources, (2) to initiate | 2 | | or complete development of new technology for
development of | 3 | | coal resources, and (3) for planning, design,
acquisition, | 4 | | development, construction, improvement and financing a site
or | 5 | | sites and facilities for establishing plants, projects or
| 6 | | demonstrations for development of coal resources and research,
| 7 | | development and demonstration of alternative forms of energy; | 8 | | and
| 9 | | (c) In the exercise of other powers granted it under this | 10 | | Act, to
acquire property, real, personal or mixed, including | 11 | | any rights therein,
by exercise of the power of condemnation in | 12 | | accordance with the
procedures provided for the exercise of | 13 | | eminent domain under the Eminent Domain Act, provided, however, | 14 | | the power of
condemnation shall be exercised solely for the | 15 | | purposes of
siting and/or rights of way and/or easements | 16 | | appurtenant to coal
utilization and/or coal conversion | 17 | | projects. The Department shall not
exercise its powers of | 18 | | condemnation until it has used reasonable good
faith efforts to | 19 | | acquire such property before filing a petition for
condemnation | 20 | | and may thereafter use such powers when it determines that
such | 21 | | condemnation of property rights is necessary to avoid | 22 | | unreasonable
delay or economic hardship to the progress of | 23 | | activities carried out in
the exercise of powers granted under | 24 | | this Act. After June 30, 1985, the
Department shall not | 25 | | exercise its power of condemnation for a project
which does not | 26 | | receive State or U.S. Government funding. Before use of
the |
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| 1 | | power of condemnation for projects not receiving State or U.S.
| 2 | | Government funding, the Department shall hold a public hearing | 3 | | to
receive comments on the exercise of the power of | 4 | | condemnation. The
Department shall use the information | 5 | | received at hearing in making its
final decision on the | 6 | | exercise of the power of condemnation. The
hearing shall be | 7 | | held in a location reasonably accessible to the public
| 8 | | interested in the decision. The Department shall promulgate | 9 | | guidelines
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 | 13 | | Economic Opportunity is authorized to
enter into agreements | 14 | | with a county or counties and expend funds authorized by
this | 15 | | Act 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 | 19 | | Economic Opportunity is authorized to use general obligation | 20 | | bond funds for the purposes of issuing grants in accordance | 21 | | with 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)
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| 1 | | Sec. 11. Expenditure of funds. At all times, the proceeds | 2 | | from the sale of
Bonds are subject to appropriation by the | 3 | | General Assembly and may be expended
in such amounts and at | 4 | | such times as the Department of Natural Resources Commerce and | 5 | | Economic Opportunity , with the approval of the Illinois Energy | 6 | | Resources Commission, may
deem necessary or desirable for the | 7 | | specific 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 | 10 | | changing 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 | 14 | | Natural Resources Commerce and Economic Opportunity (formerly | 15 | | Department of Commerce and Community Affairs) for
coal and | 16 | | energy development purposes, pursuant to Sections 2, 3 and 3.1 | 17 | | of the
Illinois Coal and Energy Development Bond Act, for the | 18 | | purposes
specified
in Section 8.1 of the Energy Conservation | 19 | | and Coal Development Act, including, but not limited to, for | 20 | | the purpose of development costs; and for
the purposes | 21 | | specified in Section 605-332 of the Department of Commerce and
| 22 | | Economic Opportunity Law of the Civil Administrative Code of | 23 | | Illinois, and for the purpose of facility cost reports prepared | 24 | | pursuant to Sections 1-58 or 1-75(d)(4) of the Illinois Power |
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| 1 | | Agency Act and for the purpose of development costs pursuant to | 2 | | Section 8.1 of the Energy Conservation and Coal Development | 3 | | Act. Of this
amount: | 4 | | (a) $143,500,000 is
for the specific purposes of | 5 | | acquisition,
development, construction, reconstruction, | 6 | | improvement, financing,
architectural and technical planning | 7 | | and installation of capital facilities
consisting of | 8 | | buildings, structures, durable equipment, and land for the
| 9 | | purpose of capital development of coal resources within the | 10 | | State and for the
purposes specified in Section 8.1 of the | 11 | | Energy Conservation and Coal
Development Act; | 12 | | (b) $35,000,000 is for the purposes specified in Section | 13 | | 8.1 of the
Energy
Conservation and Coal Development Act and | 14 | | making grants to generating stations and coal gasification | 15 | | facilities within the State of Illinois and to the owner of a
| 16 | | generating station
located in Illinois and having at least | 17 | | three coal-fired generating units
with accredited summer | 18 | | capability greater than 500 megawatts each at such
generating | 19 | | station as provided in Section 6 of that Bond Act; | 20 | | (c) $13,200,000 is for research, development and | 21 | | demonstration
of forms of energy
other than that derived from | 22 | | coal, either on or off State property; | 23 | | (d) $0 is for the purpose of providing financial assistance | 24 | | to
new
electric generating facilities as provided in Section | 25 | | 605-332 of the Department
of Commerce and Economic Opportunity | 26 | | Law of the Civil Administrative Code of
Illinois; and |
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| 1 | | (e) $51,000,000 is for the purpose of facility cost reports | 2 | | prepared for not more than one facility pursuant to Section | 3 | | 1-75(d)(4) of the Illinois Power Agency Act and not more than | 4 | | one facility pursuant to Section 1-58 of the Illinois Power | 5 | | Agency Act and for the purpose of up to $6,000,000 of | 6 | | development costs pursuant to Section 8.1 of the Energy | 7 | | Conservation 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 | 10 | | Assistance Act is amended by changing Sections 2 and 4 as | 11 | | follows:
| 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 | 15 | | products
extracted from the ground or reclaimed from the waste | 16 | | material produced by
coal extraction operations;
| 17 | | (b) "coal demonstration and commercialization" means | 18 | | projects for the
construction and operation of facilities to | 19 | | prove the scientific and
engineering validity or the commercial | 20 | | application of a coal extraction,
preparation, combustion, | 21 | | gasification, liquefaction or other synthetic process,
| 22 | | environmental control, or transportation method;
| 23 | | (c) "coal research" means scientific investigations | 24 | | conducted for the
purpose of increasing the utilization of coal |
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| 1 | | resources and includes
investigations in the areas of | 2 | | extraction, preparation, characterization,
combustion, | 3 | | gasification, liquefaction and other synthetic processes,
| 4 | | environmental control, marketing, transportation, procurement | 5 | | of sites, and
environmental impacts;
| 6 | | (d) "Fund" means the Coal Technology Development | 7 | | Assistance Fund;
| 8 | | (e) "Board" means the Illinois Coal Development Board or | 9 | | its successor;
| 10 | | (f) "Department" means the Department of Natural Resources | 11 | | Commerce and
Economic Opportunity ;
| 12 | | (g) "public awareness and education" means programs of | 13 | | education,
curriculum development, public service | 14 | | announcements, informational
advertising and informing the | 15 | | news media on issues related to the use of
Illinois coal, the | 16 | | coal industry and related developments. Public
awareness and | 17 | | education shall be directed toward
school age residents of the | 18 | | State, 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 | 22 | | Assistance Fund.
| 23 | | (a) The contents of the Coal Technology Development | 24 | | Assistance Fund may be
expended, subject to appropriation by | 25 | | the General Assembly, in such amounts and
at such times as the |
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| 1 | | Department, with the advice and recommendation of the
Board, | 2 | | may deem necessary or desirable for the purposes of this Act.
| 3 | | (b) The Department shall develop a written plan containing | 4 | | measurable 3-year
and 10-year goals and objectives in regard to | 5 | | the funding of coal research and
coal demonstration and | 6 | | commercialization projects, and programs designed to
preserve | 7 | | and enhance markets for Illinois coal. In developing these | 8 | | goals and
objectives, the Department shall consider and | 9 | | determine the appropriate balance
for the achievement of | 10 | | near-term and long-term goals and objectives and of
ensuring | 11 | | the timely commercial application of cost-effective | 12 | | technologies or
energy and chemical production processes or | 13 | | systems utilizing coal. The
Department of Commerce and Economic | 14 | | Opportunity shall develop the initial goals and objectives no | 15 | | later than
December 1, 1993, and develop revised goals and | 16 | | objectives no later than
July 1 annually thereafter until the | 17 | | effective date of this amendatory Act of the 100th General | 18 | | Assembly . On and after the effective date of this amendatory | 19 | | Act of the 100th General Assembly, the Department shall develop | 20 | | the revised goals and objectives under this subsection by no | 21 | | later than July 1 of each year.
| 22 | | (c) (Blank).
| 23 | | (d) Subject to appropriation, the Department of Natural | 24 | | Resources may use moneys in the Coal Technology Development | 25 | | Assistance Fund to administer its responsibilities under the | 26 | | Surface Coal Mining Land Conservation and Reclamation Act. |
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| 1 | | (Source: P.A. 99-523, eff. 6-30-16.)
| 2 | | Section 935. The Eminent Domain Act is amended by changing | 3 | | Section 15-5-5 as follows: | 4 | | (735 ILCS 30/15-5-5)
| 5 | | Sec. 15-5-5. Eminent domain powers in ILCS Chapters 5 | 6 | | through 40. The following provisions of law may include express | 7 | | grants of the power to acquire property by condemnation or | 8 | | eminent 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 |
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| 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 |
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| 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 | 8 | | becoming law.
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