Bill Text: IL HB1458 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Power Agency Act. Changes the definition of "renewable energy resources" to include biogas and biosolids produced by municipal wastewater treatment plants in the State. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0491 [HB1458 Detail]
Download: Illinois-2011-HB1458-Enrolled.html
Bill Title: Amends the Illinois Power Agency Act. Changes the definition of "renewable energy resources" to include biogas and biosolids produced by municipal wastewater treatment plants in the State. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0491 [HB1458 Detail]
Download: Illinois-2011-HB1458-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Power Agency Act is amended by | ||||||
5 | changing Section 1-10 as follows:
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6 | (20 ILCS 3855/1-10)
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7 | Sec. 1-10. Definitions. | ||||||
8 | "Agency" means the Illinois Power Agency. | ||||||
9 | "Agency loan agreement" means any agreement pursuant to | ||||||
10 | which the Illinois Finance Authority agrees to loan the | ||||||
11 | proceeds of revenue bonds issued with respect to a project to | ||||||
12 | the Agency upon terms providing for loan repayment installments | ||||||
13 | at least sufficient to pay when due all principal of, interest | ||||||
14 | and premium, if any, on those revenue bonds, and providing for | ||||||
15 | maintenance, insurance, and other matters in respect of the | ||||||
16 | project. | ||||||
17 | "Authority" means the Illinois Finance Authority. | ||||||
18 | "Clean coal facility" means an electric generating | ||||||
19 | facility that uses primarily coal as a feedstock and that | ||||||
20 | captures and sequesters carbon emissions at the following | ||||||
21 | levels: at least 50% of the total carbon emissions that the | ||||||
22 | facility would otherwise emit if, at the time construction | ||||||
23 | commences, the facility is scheduled to commence operation |
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1 | before 2016, at least 70% of the total carbon emissions that | ||||||
2 | the facility would otherwise emit if, at the time construction | ||||||
3 | commences, the facility is scheduled to commence operation | ||||||
4 | during 2016 or 2017, and at least 90% of the total carbon | ||||||
5 | emissions that the facility would otherwise emit if, at the | ||||||
6 | time construction commences, the facility is scheduled to | ||||||
7 | commence operation after 2017. The power block of the clean | ||||||
8 | coal facility shall not exceed allowable emission rates for | ||||||
9 | sulfur dioxide, nitrogen oxides, carbon monoxide, particulates | ||||||
10 | and mercury for a natural gas-fired combined-cycle facility the | ||||||
11 | same size as and in the same location as the clean coal | ||||||
12 | facility at the time the clean coal facility obtains an | ||||||
13 | approved air permit. All coal used by a clean coal facility | ||||||
14 | shall have high volatile bituminous rank and greater than 1.7 | ||||||
15 | pounds of sulfur per million btu content, unless the clean coal | ||||||
16 | facility does not use gasification technology and was operating | ||||||
17 | as a conventional coal-fired electric generating facility on | ||||||
18 | June 1, 2009 (the effective date of Public Act 95-1027). | ||||||
19 | "Clean coal SNG facility" means a facility that uses a | ||||||
20 | gasification process to produce substitute natural gas, that | ||||||
21 | sequesters at least 90% of the total carbon emissions that the | ||||||
22 | facility would otherwise emit and that uses petroleum coke or | ||||||
23 | coal as a feedstock, with all such coal having a high | ||||||
24 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
25 | million btu content. | ||||||
26 | "Commission" means the Illinois Commerce Commission. |
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1 | "Costs incurred in connection with the development and | ||||||
2 | construction of a facility" means: | ||||||
3 | (1) the cost of acquisition of all real property and | ||||||
4 | improvements in connection therewith and equipment and | ||||||
5 | other property, rights, and easements acquired that are | ||||||
6 | deemed necessary for the operation and maintenance of the | ||||||
7 | facility; | ||||||
8 | (2) financing costs with respect to bonds, notes, and | ||||||
9 | other evidences of indebtedness of the Agency; | ||||||
10 | (3) all origination, commitment, utilization, | ||||||
11 | facility, placement, underwriting, syndication, credit | ||||||
12 | enhancement, and rating agency fees; | ||||||
13 | (4) engineering, design, procurement, consulting, | ||||||
14 | legal, accounting, title insurance, survey, appraisal, | ||||||
15 | escrow, trustee, collateral agency, interest rate hedging, | ||||||
16 | interest rate swap, capitalized interest and other | ||||||
17 | financing costs, and other expenses for professional | ||||||
18 | services; and | ||||||
19 | (5) the costs of plans, specifications, site study and | ||||||
20 | investigation, installation, surveys, other Agency costs | ||||||
21 | and estimates of costs, and other expenses necessary or | ||||||
22 | incidental to determining the feasibility of any project, | ||||||
23 | together with such other expenses as may be necessary or | ||||||
24 | incidental to the financing, insuring, acquisition, and | ||||||
25 | construction of a specific project and placing that project | ||||||
26 | in operation. |
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1 | "Department" means the Department of Commerce and Economic | ||||||
2 | Opportunity. | ||||||
3 | "Director" means the Director of the Illinois Power Agency. | ||||||
4 | "Demand-response" means measures that decrease peak | ||||||
5 | electricity demand or shift demand from peak to off-peak | ||||||
6 | periods. | ||||||
7 | "Energy efficiency" means measures that reduce the amount | ||||||
8 | of electricity or natural gas required to achieve a given end | ||||||
9 | use. | ||||||
10 | "Electric utility" has the same definition as found in | ||||||
11 | Section 16-102 of the Public Utilities Act. | ||||||
12 | "Facility" means an electric generating unit or a | ||||||
13 | co-generating unit that produces electricity along with | ||||||
14 | related equipment necessary to connect the facility to an | ||||||
15 | electric transmission or distribution system. | ||||||
16 | "Governmental aggregator" means one or more units of local | ||||||
17 | government that individually or collectively procure | ||||||
18 | electricity to serve residential retail electrical loads | ||||||
19 | located within its or their jurisdiction. | ||||||
20 | "Local government" means a unit of local government as | ||||||
21 | defined in Article VII of Section 1 of the Illinois | ||||||
22 | Constitution. | ||||||
23 | "Municipality" means a city, village, or incorporated | ||||||
24 | town. | ||||||
25 | "Person" means any natural person, firm, partnership, | ||||||
26 | corporation, either domestic or foreign, company, association, |
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1 | limited liability company, joint stock company, or association | ||||||
2 | and includes any trustee, receiver, assignee, or personal | ||||||
3 | representative thereof. | ||||||
4 | "Project" means the planning, bidding, and construction of | ||||||
5 | a facility. | ||||||
6 | "Public utility" has the same definition as found in | ||||||
7 | Section 3-105 of the Public Utilities Act. | ||||||
8 | "Real property" means any interest in land together with | ||||||
9 | all structures, fixtures, and improvements thereon, including | ||||||
10 | lands under water and riparian rights, any easements, | ||||||
11 | covenants, licenses, leases, rights-of-way, uses, and other | ||||||
12 | interests, together with any liens, judgments, mortgages, or | ||||||
13 | other claims or security interests related to real property. | ||||||
14 | "Renewable energy credit" means a tradable credit that | ||||||
15 | represents the environmental attributes of a certain amount of | ||||||
16 | energy produced from a renewable energy resource. | ||||||
17 | "Renewable energy resources" includes energy and its | ||||||
18 | associated renewable energy credit or renewable energy credits | ||||||
19 | from wind, solar thermal energy, photovoltaic cells and panels, | ||||||
20 | biodiesel, anaerobic digestion, crops and untreated and | ||||||
21 | unadulterated organic waste biomass, tree waste, hydropower | ||||||
22 | that does not involve new construction or significant expansion | ||||||
23 | of hydropower dams, and other alternative sources of | ||||||
24 | environmentally preferable energy. For purposes of this Act, | ||||||
25 | landfill gas produced in the State is considered a renewable | ||||||
26 | energy resource. "Renewable energy resources" does not include |
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1 | the incineration or burning of tires, garbage, general | ||||||
2 | household, institutional, and commercial waste, industrial | ||||||
3 | lunchroom or office waste, landscape waste other than tree | ||||||
4 | waste, railroad crossties, utility poles, or construction or | ||||||
5 | demolition debris, other than untreated and unadulterated | ||||||
6 | waste wood. | ||||||
7 | "Revenue bond" means any bond, note, or other evidence of | ||||||
8 | indebtedness issued by the Authority, the principal and | ||||||
9 | interest of which is payable solely from revenues or income | ||||||
10 | derived from any project or activity of the Agency. | ||||||
11 | "Sequester" means permanent storage of carbon dioxide by | ||||||
12 | injecting it into a saline aquifer, a depleted gas reservoir, | ||||||
13 | or an oil reservoir, directly or through an enhanced oil | ||||||
14 | recovery process that may involve intermediate storage in a | ||||||
15 | salt dome. | ||||||
16 | "Servicing agreement" means (i) in the case of an electric | ||||||
17 | utility, an agreement between the owner of a clean coal | ||||||
18 | facility and such electric utility, which agreement shall have | ||||||
19 | terms and conditions meeting the requirements of paragraph (3) | ||||||
20 | of subsection (d) of Section 1-75, and (ii) in the case of an | ||||||
21 | alternative retail electric supplier, an agreement between the | ||||||
22 | owner of a clean coal facility and such alternative retail | ||||||
23 | electric supplier, which agreement shall have terms and | ||||||
24 | conditions meeting the requirements of Section 16-115(d)(5) of | ||||||
25 | the Public Utilities Act. | ||||||
26 | "Substitute natural gas" or "SNG" means a gas manufactured |
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1 | by gasification of hydrocarbon feedstock, which is | ||||||
2 | substantially interchangeable in use and distribution with | ||||||
3 | conventional natural gas. | ||||||
4 | "Total resource cost test" or "TRC test" means a standard | ||||||
5 | that is met if, for an investment in energy efficiency or | ||||||
6 | demand-response measures, the benefit-cost ratio is greater | ||||||
7 | than one. The benefit-cost ratio is the ratio of the net | ||||||
8 | present value of the total benefits of the program to the net | ||||||
9 | present value of the total costs as calculated over the | ||||||
10 | lifetime of the measures. A total resource cost test compares | ||||||
11 | the sum of avoided electric utility costs, representing the | ||||||
12 | benefits that accrue to the system and the participant in the | ||||||
13 | delivery of those efficiency measures, as well as other | ||||||
14 | quantifiable societal benefits, including avoided natural gas | ||||||
15 | utility costs, to the sum of all incremental costs of end-use | ||||||
16 | measures that are implemented due to the program (including | ||||||
17 | both utility and participant contributions), plus costs to | ||||||
18 | administer, deliver, and evaluate each demand-side program, to | ||||||
19 | quantify the net savings obtained by substituting the | ||||||
20 | demand-side program for supply resources. In calculating | ||||||
21 | avoided costs of power and energy that an electric utility | ||||||
22 | would otherwise have had to acquire, reasonable estimates shall | ||||||
23 | be included of financial costs likely to be imposed by future | ||||||
24 | regulations and legislation on emissions of greenhouse gases.
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25 | (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09; | ||||||
26 | 95-1027, eff. 6-1-09; 96-33, eff. 7-10-09; 96-159, eff. |
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1 | 8-10-09; 96-784, eff. 8-28-09; 96-1000, eff. 7-2-10.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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