Illinois General Assembly

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 Bill Status of SB2169  97th General Assembly


Short Description:  UTILITIES - PIPELINE

Senate Sponsors
Sen. James F. Clayborne, Jr., John M. Sullivan and Dan Kotowski

House Sponsors
(Rep. Dan Reitz - Thomas Holbrook - Ed Sullivan, Jr. - John D. Cavaletto - Marlow H. Colvin, Brandon W. Phelps, Mike Bost, Patrick J. Verschoore, Lou Lang, John D'Amico, Michael P. McAuliffe, Angelo Saviano, Arthur Turner, Eddie Lee Jackson, Sr., David Reis, Ron Stephens, Rich Brauer and Jim Watson)

Last Action
DateChamber Action
  8/2/2011SenatePublic Act . . . . . . . . . 97-0239

Statutes Amended In Order of Appearance
220 ILCS 5/15-401


Synopsis As Introduced
Amends the Public Utilities Act. In provisions concerning issuance of a certificate of good standing authorizing a person to operate as a common carrier by pipeline, makes changes concerning the factors the Illinois Commerce Commission shall consider in its determination of public convenience and necessity for a proposed pipeline or facility; provides that an application may request either that the Commission review and approve a specific route for a pipeline, or that the Commission review and approve a project route width that identifies the areas in which the pipeline would be located; provides for a consolidated proceeding for decisions on consolidated applications; requires the Commission to make its determination on any application filed pursuant to this Section and issue its final order within one year after the date that the application is filed unless an extension is granted; provides that the rules of the Commission may include additional options for expediting the issuance of permits and certificates. Makes other changes. Effective July 1, 2011.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause and reinserts the introduced bill, with the following changes: makes formatting changes; replaces a reference to "a certificate of need" with "authority"; and makes a technical change. Effective July 1, 2011.

Senate Committee Amendment No. 2
Makes changes to a provision concerning an application for a certificate authorizing operations as a common carrier by pipeline. Makes other changes. Also makes technical changes.

House Committee Amendment No. 1
Deletes reference to:
220 ILCS 5/15-401
Adds reference to:
20 ILCS 3855/1-10
30 ILCS 500/1-10
220 ILCS 5/3-101from Ch. 111 2/3, par. 3-101
220 ILCS 5/3-123 new
220 ILCS 5/3-124 new
220 ILCS 5/3-125 new
220 ILCS 5/3-126 new
220 ILCS 5/9-220from Ch. 111 2/3, par. 9-220
220 ILCS 20/2.02from Ch. 111 2/3, par. 552.2
220 ILCS 20/2.03from Ch. 111 2/3, par. 552.3
220 ILCS 20/2.04from Ch. 111 2/3, par. 552.4
220 ILCS 20/3from Ch. 111 2/3, par. 553
415 ILCS 5/13.7 new

Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Makes changes in the definition of "clean coal facility", "clean coal SNG facility", "costs incurred in connection with the development and construction of a facility", and "sequester". Amends the Illinois Procurement Code. Provides that the Code does not apply to the process used by the Illinois Power Agency to retain a mediator to mediate contract disputes between gas utilities and the clean coal SNG facility or the process used by the Illinois Commerce Commission ("Commission") to retain an expert to assist in determining the actual incurred costs of a clean coal SNG facility and the reasonableness of those costs. Amends the Public Utilities Act. In a provision concerning SNG supply contracts entered into by a Illinois gas utility and a coal gasification facility, provides that the contracts must require that at least 90% of feedstock to be used in the gasification process shall be coal with a high volatile bituminous rank and greater than 1.7 pounds of sulfur per million Btu content. Provides that any gas utility that is providing service to more than 150,000 customers on the effective date of the amendatory Act shall either elect to (i) enter into a contract on or before September 30, 2011 for 10 years of SNG supply with the owner of a clean coal SNG facility or (ii) file biennial rate proceedings before the Commission in the years 2012, 2014, and 2016. Provides that the Illinois Power Agency shall review SNG contracts and mediate disputes. Provides that the Commission shall review the final capitalized plant cost of the clean coal SNG facility and determine the reasonableness of the actual incurred costs. Provides that the Commission shall reduce the SNG price under certain contracts if the it determines that the final capitalized plant cost includes costs that were not actually incurred or costs that were unreasonable. Defines "clean coal SNG facility", "sequester", "SNG facility", "SNG", "adjusted final capitalized plant cost", "final capitalized plant cost", and "total capitalized asset cost". Adds provisions providing that the Illinois Attorney General may specifically enforce certain requirements under the Act. Adds provisions concerning penalties for a clean coal SNG facility failing to demonstrate that it captured and sequestered at least 90% of the total carbon dioxide emissions that the facility would otherwise emit or failing to sequester emissions from prior years, resulting in the release of carbon dioxide into the atmosphere. Sets forth new provisions concerning the approval process for carbon dioxide transportation and sequestration plans; inspections of sequestration sites; and injunctions. Adds provisions concerning the clean coal SNG facility establishing a reconciliation account. Adds limited non-impairment provisions related to SNG contracts between public gas utilities and the SNG facilities. Makes other changes. Makes corresponding changes in the Illinois Gas Pipeline Safety Act and the Illinois Environmental Protection Act. Contains inseverability provision. Effective immediately.

House Committee Amendment No. 2
Makes a change to the definition of "SNG facility". Provides that any Illinois gas utility may enter into a contract on or before September 30, 2011 (instead of March 31, 2011) for up to 10 years of supply with any company for the purchase of substitute natural gas (SNG) produced from coal through the gasification process if certain conditions are met. Makes technical changes.

House Committee Amendment No. 3
Amends the provision concerning rate changes based on changes in fuel costs. Provides that the Illinois gas utility shall initiate a clean coal SNG facility rider mechanism.

House Committee Amendment No. 4
In the Public Utilities Act, makes a change in a provision concerning the Illinois Power Agency's reviewing of a draft contract. Provides that all contracts entered into under certain provisions of the Act shall require the owner of any facility supplying SNG under the contract to provide certified documentation to the Commission each year of certain information. Provides that certain credit payments made when the annual average contract SNG cost is less than the annual average natural gas purchase cost shall be made monthly to the reconciliation account and be based on collections from all customers via a line item charge in all customer bills designed to have an equal percentage impact on the transportation services of each class of customers. Makes other changes.

Actions 
DateChamber Action
  2/10/2011SenateFiled with Secretary by Sen. James F. Clayborne, Jr.
  2/10/2011SenateFirst Reading
  2/10/2011SenateReferred to Assignments
  3/1/2011SenateAdded as Co-Sponsor Sen. Sue Rezin
  3/2/2011SenateAssigned to Energy
  3/3/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/3/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/3/2011SenateAdded as Co-Sponsor Sen. Dave Syverson
  3/8/2011SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/8/2011SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/8/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Energy
  3/9/2011SenateSenate Committee Amendment No. 2 Assignments Refers to Energy
  3/10/2011SenateSenate Committee Amendment No. 1 Adopted
  3/10/2011SenateSenate Committee Amendment No. 2 Adopted
  3/10/2011SenateDo Pass as Amended Energy; 013-000-000
  3/10/2011SenatePlaced on Calendar Order of 2nd Reading March 14, 2011
  3/10/2011SenateAdded as Co-Sponsor Sen. John M. Sullivan
  3/31/2011SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  4/1/2011SenateAdded as Co-Sponsor Sen. Dan Kotowski
  4/11/2011SenateSecond Reading
  4/11/2011SenatePlaced on Calendar Order of 3rd Reading April 12, 2011
  4/15/2011SenateThird Reading - Passed; 059-000-000
  4/15/2011HouseArrived in House
  4/15/2011HousePlaced on Calendar Order of First Reading
  4/15/2011HouseChief House Sponsor Rep. Thomas Holbrook
  4/15/2011HouseFirst Reading
  4/15/2011HouseReferred to Rules Committee
  4/25/2011HouseAssigned to Executive Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/20/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Dan Reitz
  5/20/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/20/2011HouseAlternate Chief Sponsor Changed to Rep. Dan Reitz
  5/20/2011HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Holbrook
  5/20/2011HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  5/20/2011HouseAdded Alternate Chief Co-Sponsor Rep. John D. Cavaletto
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/24/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Dan Reitz
  5/24/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/24/2011HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  5/24/2011HouseAdded Alternate Co-Sponsor Rep. Mike Bost
  5/24/2011HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  5/24/2011HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/24/2011HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  5/25/2011HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Dan Reitz
  5/25/2011HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Michael P. McAuliffe
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/26/2011HouseHouse Committee Amendment No. 4 Filed with Clerk by Rep. Dan Reitz
  5/26/2011HouseHouse Committee Amendment No. 4 Referred to Rules Committee
  5/26/2011HouseAdded Alternate Co-Sponsor Rep. David Reis
  5/26/2011HouseAdded Alternate Co-Sponsor Rep. Ron Stephens
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/29/2011HouseMotion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie
  5/29/2011HouseMotion to Suspend Rule 25 - Prevailed
  5/29/2011HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  5/29/2011HouseHouse Committee Amendment No. 2 Rules Refers to Executive Committee
  5/29/2011HouseHouse Committee Amendment No. 3 Rules Refers to Executive Committee
  5/29/2011HouseHouse Committee Amendment No. 4 Rules Refers to Executive Committee
  5/29/2011HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/29/2011HouseHouse Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote
  5/29/2011HouseHouse Committee Amendment No. 3 Adopted in Executive Committee; by Voice Vote
  5/29/2011HouseHouse Committee Amendment No. 4 Adopted in Executive Committee; by Voice Vote
  5/29/2011HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000
  5/29/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2011HouseSecond Reading - Short Debate
  5/29/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2011HouseAdded Alternate Chief Co-Sponsor Rep. Marlow H. Colvin
  5/31/2011HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  5/31/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2011HouseThird Reading - Short Debate - Passed 071-044-000
  5/31/2011HouseAdded Alternate Co-Sponsor Rep. Jim Watson
  5/31/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2, 3, 4
  5/31/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3, 4 - May 31, 2011
  5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Committee Amendment No. 3 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2011SenateHouse Committee Amendment No. 3 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Committee Amendment No. 4 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
  5/31/2011SenateHouse Committee Amendment No. 4 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/31/2011SenateHouse Committee Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments
  5/31/2011SenateHouse Committee Amendment No. 4 Motion to Concur Be Approved for Consideration Assignments
  5/31/2011SenateSponsor Removed Sen. Sue Rezin
  5/31/2011SenateSponsor Removed Sen. Dave Syverson
  5/31/2011SenateSponsor Removed Sen. Pamela J. Althoff
  5/31/2011SenateHouse Committee Amendment No. 1 Senate Concurs 038-016-000
  5/31/2011SenateHouse Committee Amendment No. 2 Senate Concurs 038-016-000
  5/31/2011SenateHouse Committee Amendment No. 3 Senate Concurs 038-016-000
  5/31/2011SenateHouse Committee Amendment No. 4 Senate Concurs 038-016-000
  5/31/2011SenatePassed Both Houses
  6/29/2011SenateSent to the Governor
  8/2/2011SenateGovernor Approved
  8/2/2011SenateEffective Date August 2, 2011
  8/2/2011SenatePublic Act . . . . . . . . . 97-0239

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