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 Bill Status of SB3388  96th General Assembly


Short Description:  UTIL-REMOVE BAN-NUCL CONST

Senate Sponsors
Sen. Donne E. Trotter - Dale E. Risinger - Edward D. Maloney - John J. Millner - Gary Forby

House Sponsors
(Rep. Marlow H. Colvin - Dan Reitz - Angelo Saviano - Joseph M. Lyons, Donald L. Moffitt, Michael K. Smith, Daniel J. Burke, Mark H. Beaubien, Jr., Bob Biggins, Raymond Poe, Rich Brauer, Dave Winters, Betsy Hannig, Jim Sacia, Sandra M. Pihos, Robert W. Pritchard, Daniel V. Beiser, Kevin A. McCarthy, Constance A. Howard, Michael J. Carberry, John M. O'Sullivan, Rita Mayfield, Anthony DeLuca, Robert Rita, Randy Ramey, Jr., John D'Amico, LaShawn K. Ford, Luis Arroyo, Maria Antonia Berrios, Edward J. Acevedo, Paul D. Froehlich and Michael W. Tryon)

Last Action
DateChamber Action
  3/14/2011SenateTotal Veto Stands

Statutes Amended In Order of Appearance
220 ILCS 5/8-406from Ch. 111 2/3, par. 8-406


Synopsis As Introduced
Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Illinois Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Deletes the definition of "high level nuclear waste". Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
220 ILCS 5/8-406
Adds reference to:
20 ILCS 3855/1-10
20 ILCS 3855/1-20
20 ILCS 3855/1-77 new
20 ILCS 3855/1-78 new
30 ILCS 500/1-10
30 ILCS 500/20-10
220 ILCS 5/3-101from Ch. 111 2/3, par. 3-101
220 ILCS 5/3-123 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. Adds the definition of "clean coal SNG brownfield facility". Makes changes to the definitions for "clean coal facility", "clean coal SNG facility", "sequester", and "servicing agreement" (now, "sourcing agreement"). In a provision concerning the general powers of the Illinois Power Agency ("Agency"), adds the power to conduct competitive gasification feedstock processes to procure the feedstocks for the clean coal SNG brownfield facility in accordance with the Act and the power to review, revise, and approve sourcing agreements. Adds provisions concerning the Planning and Procurement Bureau, feedstock procurement plans, and competitive feedstock procurement processes for clean coal SNG brownfield facilities. Provides for additional authority and responsibilities related to the clean coal SNG brownfield facility for the Agency, Illinois Commerce Commission ("Commission"), and the Capital Development Board. Makes other changes. Amends the Illinois Procurement Code. Provides that the Code shall not apply to certain processes under the Illinois Power Agency Act related to clean coal SNG brownfield facilities. Exempts from the Code a certain alternative bidding procedure under the Illinois Power Agency Act. Amends the Public Utilities Act. Adds the definitions for "clean coal SNG brownfield facility", "clean coal SNG facility", "sequester", "SNG facility", "sourcing agreement", and "substitute natural gas" or "SNG". In a provision concerning rate changes based on changes in fuel costs, adds new provisions concerning the sourcing agreements, consumer protection reserve accounts, recoverable costs and revenue by the clean coal SNG brownfield facility, public hearings to review proposed sourcing agreements, sequestration permitting, oversight, and investigations. Provides that the State of Illinois may not enact any law or take any action to break, or repeal the authority for, sourcing agreements approved by the Commission and entered into between public utilities and the clean coal SNG brownfield facility or deny public utilities or clean coal SNG brownfield facilities full cost recovery for their costs incurred under those sourcing agreements. Makes other changes. Amends the Illinois Gas Pipeline Safety Act. Changes the definition of "gas" to include carbon dioxide. Makes changes to the definitions of "transportation of gas", and "pipeline facilities". Provides that the Commission shall adopt rules establishing minimum safety standards for (1) the transportation of carbon dioxide in any physical form for the purpose of sequestration and (2) pipeline facilities used for that function. Amends the Illinois Environmental Protection Act. Provides that the Illinois Environmental Protection Agency shall inspect carbon dioxide sequestration sites for compliance with the Act, rules adopted under the Act, and permits issued by the Agency. Provides that the Illinois Environmental Protection Agency, the Commission, the Capital Development Board, and the Illinois Department of Natural Resources shall have rulemaking authority to implement the provisions of the amendatory Act. Includes an inseverability provision. Effective immediately.

House Committee Amendment No. 2
In provisions amending the Public Utilities Act, removes provisions limiting the net increase in the prices paid in connection with gas service by residential customers due to the costs of the SNG purchased pursuant to a sourcing agreement.

House Floor Amendment No. 3
Makes a change to the definition of "sequester". Provides that any mediator retained to assist with mediating disputes between the parties regarding the sourcing agreement (instead of calculating the range of capital costs or operations and maintenance costs) shall be retained no later than 60 (instead of 90) days after the effective date of the Act. Makes changes to a provision concerning sequestration permitting, oversight, and investigations. Provides that costs for which a person is liable under the provision concerning carbon dioxide sequestration sites are in addition to any other relief.

Actions 
DateChamber Action
  2/10/2010SenateFiled with Secretary by Sen. Mike Jacobs
  2/10/2010SenateFirst Reading
  2/10/2010SenateReferred to Assignments
  2/24/2010SenateAssigned to Energy
  3/3/2010SenateDo Pass Energy; 013-000-000
  3/3/2010SenatePlaced on Calendar Order of 2nd Reading March 4, 2010
  3/9/2010SenateSecond Reading
  3/9/2010SenatePlaced on Calendar Order of 3rd Reading March 10, 2010
  3/15/2010SenateThird Reading - Passed; 040-001-002
  3/15/2010HouseArrived in House
  3/15/2010HouseChief House Sponsor Rep. Patrick J. Verschoore
  3/15/2010HousePlaced on Calendar Order of First Reading
  3/16/2010HouseFirst Reading
  3/16/2010HouseReferred to Rules Committee
  3/18/2010HouseAdded Alternate Chief Co-Sponsor Rep. Eddie Washington
  3/19/2010HouseAdded Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond
  3/19/2010HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  3/19/2010HouseAdded Alternate Chief Co-Sponsor Rep. Robert W. Pritchard
  3/19/2010HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  11/10/2010HouseFinal Action Deadline Extended-9(b) January 11, 2011
  11/10/2010HouseAssigned to Electric Generation & Commerce Committee
  11/18/2010HouseAlternate Chief Sponsor Changed to Rep. Marlow H. Colvin
  11/23/2010HouseRe-assigned to Environment & Energy Committee
  11/29/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee
  11/29/2010HouseHouse Committee Amendment No. 2 Filed with Clerk by Environment & Energy Committee
  11/29/2010HouseHouse Committee Amendment No. 1 Adopted in Environment & Energy Committee; by Voice Vote
  11/29/2010HouseHouse Committee Amendment No. 2 Adopted in Environment & Energy Committee; by Voice Vote
  11/29/2010HouseDo Pass as Amended / Short Debate Environment & Energy Committee; 015-001-000
  11/29/2010HousePlaced on Calendar 2nd Reading - Short Debate
  11/29/2010HouseSecond Reading - Short Debate
  11/29/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Mark H. Beaubien, Jr.
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Bob Biggins
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Raymond Poe
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Dave Winters
  11/29/2010HouseAdded Alternate Co-Sponsor Rep. Betsy Hannig
  11/30/2010HouseAlternate Chief Co-Sponsor Removed Rep. JoAnn D. Osmond
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. JoAnn D. Osmond
  11/30/2010HouseAlternate Chief Co-Sponsor Removed Rep. Jim Sacia
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Jim Sacia
  11/30/2010HouseAlternate Chief Co-Sponsor Removed Rep. Robert W. Pritchard
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  11/30/2010HouseAlternate Chief Co-Sponsor Changed to Rep. Timothy L. Schmitz
  11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. Dan Reitz
  11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano
  11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. Joseph M. Lyons
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Kevin A. McCarthy
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Michael J. Carberry
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. John M. O'Sullivan
  11/30/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Marlow H. Colvin
  11/30/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Anthony DeLuca
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Randy Ramey, Jr.
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. John D'Amico
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. LaShawn K. Ford
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  11/30/2010HouseAdded Alternate Co-Sponsor Rep. Michael W. Tryon
  11/30/2010SenateChief Sponsor Changed to Sen. Donne E. Trotter
  11/30/2010HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
  11/30/2010HouseAlternate Chief Co-Sponsor Removed Rep. Timothy L. Schmitz
  11/30/2010HouseAlternate Co-Sponsor Removed Rep. JoAnn D. Osmond
  11/30/2010HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Raymond Poe
  11/30/2010HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. Raymond Poe
  11/30/2010HouseRecalled to Second Reading - Short Debate
  11/30/2010HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  11/30/2010HouseHouse Floor Amendment No. 3 Question if Notes Requested are Applicable ; Rep. Marlow Colvin
  11/30/2010HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. Raymond Poe
  11/30/2010HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Raymond Poe
  11/30/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/30/2010House3/5 Vote Required
  11/30/2010HouseThird Reading - Short Debate - Passed 086-027-002
  11/30/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2, 3
  11/30/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - December 1, 2010
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Donne E. Trotter
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  12/1/2010SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Donne E. Trotter
  12/1/2010SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  12/1/2010SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Donne E. Trotter
  12/1/2010SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  12/1/2010SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Executive
  12/1/2010SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive
  12/1/2010SenateAdded as Chief Co-Sponsor Sen. Dale E. Risinger
  12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Postponed Executive
  12/1/2010SenateHouse Committee Amendment No. 2 Motion to Concur Postponed Executive
  12/1/2010SenateHouse Floor Amendment No. 3 Motion to Concur Postponed Executive
  12/2/2010SenateAdded as Co-Sponsor Sen. Kyle McCarter
  12/6/2010SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney
  1/2/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/2/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/2/2011SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/2/2011SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/5/2011SenateApproved for Consideration Assignments
  1/5/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - January 5, 2011
  1/5/2011SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  1/5/2011SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Executive
  1/5/2011SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive
  1/5/2011SenateAdded as Chief Co-Sponsor Sen. John J. Millner
  1/5/2011SenateAdded as Chief Co-Sponsor Sen. Gary Forby
  1/5/2011SenateSponsor Removed Sen. Kyle McCarter
  1/5/2011SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 009-004-000
  1/5/2011SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 009-004-000
  1/5/2011SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 009-004-000
  1/5/2011SenateHouse Committee Amendment No. 1 Senate Concurs 036-013-004
  1/5/2011SenateHouse Committee Amendment No. 2 Senate Concurs 036-013-004
  1/5/2011SenateHouse Floor Amendment No. 3 Senate Concurs 036-013-004
  1/5/2011SenatePassed Both Houses
  1/13/2011SenateSent to the Governor
  3/14/2011SenateGovernor Vetoed
  3/14/2011SenateTotal Veto Stands

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