Public Act 90-0348 of the 90th General Assembly
Public Act 90-0348
SB250 Enrolled LRB9000888PTcw
AN ACT concerning the Illinois Coal Development Board.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Energy Conservation and Coal Development
Act is amended by changing Sections 8 and 9 as follows:
(20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
Sec. 8. Illinois Coal Development Board.
(a) There shall be established as an advisory board to,
within the Department, the Illinois Coal Development Board,
hereinafter in this Section called the Board. The Board
shall be composed of the following 13 voting members
including: the Director of the Department, who shall be
Chairman thereof; the Deputy Director of the Bureau of
Business Development within the Department of Commerce and
Community Affairs; the Director of Natural Resources or that
Director's designee; the Director of the Office of Mines and
Minerals within the Department of Natural Resources; 4
members of the General Assembly (one each appointed by the
President of the Senate, the Senate Minority Leader, the
Speaker of the House, and the House Minority Leader) the two
co-chairpersons of the Citizens Council on Energy Resources,
created by Public Act 84-15; and 8 persons appointed by the
Governor, with the advice and consent of the Senate,
including representatives of Illinois industries that are
involved in the extraction, utilization or transportation of
Illinois coal, persons representing financial or banking
interests in the State, and persons experienced in
international business and economic development. These
members shall be chosen from persons of recognized ability
and experience in their designated field. The 8 appointed
members appointed by the Governor shall serve for terms of 4
years, unless otherwise provided in this subsection. The
initial terms of the original appointees shall expire on July
1, 1985, except that the Governor shall designate 3 of the
original appointees to serve initial terms that shall expire
on July 1, 1983. The initial term of the member appointed by
the Governor to fill the office created after July 1, 1985
shall expire on July 1, 1989. The initial terms of the
members appointed by the Governor to fill the offices created
by this amendatory Act of 1993 shall expire on July 1, 1995,
and July 1, 1997, as determined by the Governor. A member
appointed by a Legislative Leader shall serve for the
duration of the General Assembly for which he or she is
appointed, so long as the member remains a member of that
General Assembly.
The Board shall meet at least annually or at the call of
the Chairman. At any time the majority of the Board may
petition the Chairman for a meeting of the Board. Nine Seven
members of the Board shall constitute a quorum. Members of
the Board shall be reimbursed for actual and necessary
expenses incurred while performing their duties as members of
the Board from funds appropriated to the Department for such
purpose.
(b) The Board shall provide advice and make
recommendations on have the following Department powers and
duties:
(1) To develop an annual agenda which may include
but is not limited to research and methodologies
conducted for the purpose of increasing the utilization
of Illinois' coal and other fossil fuel resources, with
emphasis on high sulfur coal, in the following areas:
coal extraction, preparation and characterization; coal
technologies (combustion, gasification, liquefaction, and
related processes); marketing; public awareness and
education, as those terms are used in the Illinois Coal
Technology Development Assistance Act; transportation;
procurement of sites and issuance of permits; and
environmental impacts.
(2) To support and coordinate Illinois coal
research, and to approve projects consistent with the
annual agenda and budget for coal research and the
purposes of this Act and to. The Board shall review and,
if acceptable, approve the annual budget and operating
plan submitted by the Department for administration of
the Board Board's projects and funds.
(3) To promote the coordination of available
research information on the production, preparation,
distribution and uses of Illinois coal. The Board shall
advise the existing research institutions within the
State on areas where research may be necessary.
(4) To cooperate to the fullest extent possible
with State and federal agencies and departments,
independent organizations, and other interested groups,
public and private, for the purposes of promoting
Illinois coal resources.
(5) To submit an annual report to the Governor and
the General Assembly outlining the progress and
accomplishments made in the year, providing an accounting
of funds received and disbursed, reviewing the status of
research contracts, and furnishing other relevant
information.
(6) To focus on existing coal research efforts in
carrying out its mission;. The Board shall attempt to
make use of existing research facilities in Illinois or
other institutions carrying out research on Illinois
coal;. as far as practicable, to the Board shall make
maximum use of the research facilities available at the
Illinois State Geological Survey, the Coal Extraction and
Utilization Research Center, the Illinois Coal
Development Park and universities and colleges located
within the State of Illinois; and to. Subject to the
approval of the Department, and in conjunction with its
statutory responsibilities, the Board may create a
consortium or center which conducts, coordinates and
supports coal research activities in the State of
Illinois. Programmatic activities of such a consortium
or center shall be subject to approval by the Department
Board and shall be consistent with the purposes of this
Act. The Department Board may authorize expenditure of
funds in support of the administrative and programmatic
operations of such a center or consortium consistent with
its statutory authority. Administrative actions
undertaken by or for such a center or consortium shall be
subject to the approval of the Department.
(7) To make a reasonable attempt, before initiating
any research under this Act, to avoid duplication of
effort and expense by coordinating the research efforts
among various agencies, departments, universities or
organizations, as the case may be.
(8) To adopt, amend and repeal rules, regulations
and bylaws governing the Board's its organization and,
the conduct of business, and the exercise of its powers
and duties.
(9) To authorize the expenditure of monies from the
Coal Technology Development Assistance Fund, the Public
Utility Fund and other funds in the State Treasury
appropriated to the Department, consistent with the
purposes of this Act.
(10) To seek, accept, and expend gifts or grants in
any form, from any public agency or from any other
source. Such gifts and grants may be held in trust by
the Department and expended at the direction of the
Department Board and in the exercise of the Department's
Board's powers and performance of the Department's
Board's duties.
(11) To publish, from time to time, the results of
Illinois coal research projects funded through the
Department Board.
(12) To authorize loans from appropriations from
the Build Illinois Bond Purposes Fund, the Build Illinois
Bond Fund and the Illinois Industrial Coal Utilization
Fund.
(13) To authorize expenditures of monies for coal
development projects under the authority of Section 13 of
the General Obligation Bond Act.
(c) The Board shall also provide advice and make
recommendations on have and exercise the following Department
powers and duties:
(1) To create and maintain thorough, current and
accurate records on all markets for and actual uses of
coal mined in Illinois, and to make such records
available to the public upon request.
(2) To identify all current and anticipated future
technical, economic, institutional, market,
environmental, regulatory and other impediments to the
utilization of Illinois coal.
(3) To monitor and evaluate all proposals and plans
of public utilities related to compliance with the
requirements of Title IV of the federal Clean Air Act
Amendments of 1990, or with any other law which might
affect the use of Illinois coal, for the purposes of (i)
determining the effects of such proposals or plans on the
use of Illinois coal, and (ii) identifying alternative
plans or actions which would maintain or increase the use
of Illinois coal.
(4) To develop strategies and to propose policies
to promote environmentally responsible uses of Illinois
coal for meeting electric power supply requirements and
for other purposes.
(5) (Blank). To issue a report to the Governor and
the General Assembly by October 1, 1991, and by March 1
of each year thereafter, describing all findings,
conclusions and recommendations required by and developed
pursuant to this subsection; provided, however, that
interim reports may be issued whenever in the opinion of
the Board there may be a need to do so.
(Source: P.A. 88-391; 89-445, eff. 2-7-96.)
(20 ILCS 1105/9) (from Ch. 96 1/2, par. 7409)
Sec. 9. The Illinois Industrial Coal Utilization
Program. The Department shall administer the Illinois
Industrial Coal Utilization Program, referred to as the
"program". The purpose of the program is to increase the
environmentally sound use of Illinois coal by qualified
applicants. To that end, the Department, with the assistance
of the Board, shall operate a revolving loan program to
partially finance new coal burning facilities sited in
Illinois or conversion of existing boilers located in
Illinois to coal use, referred to as "industrial coal
projects".
The Department, with the advice and recommendation
subject to the approval of the Illinois Coal Development
Board, shall make below market rate loans available to fund a
portion of each qualifying industrial coal project. The
applicant must demonstrate that it is able to obtain
additional financing from other sources to fund the remainder
of the project and that the project would not occur without
the Department's participation. The Board and The Department
may, in part, rely on the financial evaluation completed by
the provider of the additional funding, as well as its own
evaluation.
The Department shall have the following powers:
(1) To accept grants, loans, or appropriations from the
federal government or the State, or any agency or
instrumentality of either, to be used for any purposes of the
program, including operating and administrative expenses
associated with the program and the making of direct loans of
those funds with respect to projects. The Department may
enter into any agreement with the federal government or the
State, or any agency or instrumentality of either, in
connection with those grants, loans, or appropriations.
(2) To make loans from appropriations from the Build
Illinois Purposes Fund or the Build Illinois Bond Fund and to
accept guarantees from individuals, partnerships, joint
ventures, corporations, and governmental agencies. Any loan
or series of loans shall be limited to an amount not to
exceed the lesser of $4,000,000 or 60% of the total project
cost.
(3) To establish interest rates, terms of repayment, and
other terms and conditions regarding loans made under this
Act as the Department shall determine necessary or
appropriate to protect the public interest and carry out the
purposes of this Act.
(4) To receive, evaluate, and establish time schedules
for the determination of, and determine applications for
financial aid for the development, construction, acquisition,
or improvement of, an industrial coal project from any
qualifying applicant and negotiate terms and conditions on
which the coal project may be developed, constructed,
improved, owned, or used by or leased to the applicant or its
successor in interest. The Department shall prescribe the
form of application. The form shall contain, without being
limited to, the following:
(i) a general description of the industrial coal
project and of the developer, user, or tenant for which
the industrial project is to be established;
(ii) plans, equipment lists, and other documents
that may be required to show the type, structure, and
general character of the project;
(iii) a general description of the expected use of
Illinois coal resulting from the project;
(iv) cost estimates of developing, constructing,
acquiring, or improving the industrial project;
(v) a general description of the financing plan for
the industrial coal project; and
(vi) a general description and statement of value
of any property and its improvements provided or to be
provided for the project by other sources.
Nothing in this Section shall be deemed to preclude the
Department, before the filing of any formal application, from
conducting preliminary discussions and investigations with
respect to the subject matter of any prospective
applications.
(Source: P.A. 87-14.)
Section 10. The General Obligation Bond Act is amended
by changing Section 13 as follows:
(30 ILCS 330/13) (from Ch. 127, par. 663)
Sec. 13. Appropriation of Proceeds from Sale of Bonds.
(a) At all times, the proceeds from the sale of Bonds
issued pursuant to this Act are subject to appropriation by
the General Assembly and may be obligated or expended only
with the written approval of the Governor, in such amounts,
at such times, and for such purposes as the respective State
agencies, as defined in Section 1-7 of the Illinois State
Auditing Act, as amended, deem necessary or desirable for the
specific purposes contemplated in Sections 2 through 8 of
this Act.
(b) Proceeds from the sale of Bonds for the purpose of
development of coal and alternative forms of energy shall be
expended in such amounts and at such times as the Department
of Commerce and Community Affairs, with the advice and
recommendation the approval of the Illinois Coal Development
Board for coal development projects, may deem necessary and
desirable for the specific purpose contemplated by Section 7
of this Act. In considering the approval of projects to be
funded, the Department of Commerce and Community Affairs and
the Illinois Coal Development Board, shall give special
consideration to projects designed to remove sulfur and other
pollutants in the preparation and utilization of coal, and in
the use and operation of electric utility generating plants
and industrial facilities which utilize Illinois coal as
their primary source of fuel.
(c) Any monies received by any officer or employee of
the state representing a reimbursement of expenditures
previously paid from general obligation bond proceeds shall
be deposited into the General Obligation Bond Retirement and
Interest Fund authorized in Section 14 of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 15. The Illinois Coal Technology Development
Assistance Act is amended by changing Sections 4 and 6 as
follows:
(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 approval
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 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.
(c) In addition to any other permitted use of moneys in
the Fund, and notwithstanding any restriction on the use of
the Fund, moneys in the Coal Technology Development
Assistance Fund may be transferred to the General Revenue
Fund as authorized by this amendatory Act of 1992. The
General Assembly finds that an excess of moneys exists in the
Fund. On February 1, 1992, the Comptroller shall order
transferred and the Treasurer shall transfer $500,000 (or
such lesser amount as may be on deposit in the Fund and
unexpended and unobligated on that date) from the Fund to the
General Revenue Fund.
(Source: P.A. 88-391; 89-499, eff. 6-28-96.)
(30 ILCS 730/6) (from Ch. 96 1/2, par. 8206)
Sec. 6. Coal demonstration and commercialization
project. No expenditure from the Fund may be made for any
coal demonstration and commercialization project until it has
been approved by the Department with the advice and
recommendation of the Board.
A specific proposal shall be deemed approved if the Board
fails to act on it within the 45-day period.
All coal research projects shall be submitted to the
Department, with the advice and recommendation of the
Illinois Coal Development Board, for approval as provided in
Section 8 of the Energy Conservation and Coal Development Act
"An Act in relation to natural resources, research, data
collection and environmental studies", approved July 14,
1978, as amended.
(Source: P.A. 84-1070.)