(20 ILCS 1105/3)
(from Ch. 96 1/2, par. 7403)
Powers and duties.
(a) In addition to its other powers, the Department has the following
(1) To administer for the State any energy programs
and activities under federal law, regulations or guidelines, and to coordinate such programs and activities with other State agencies, units of local government, and educational institutions.
(2) To represent the State in energy matters
involving the federal government, other states, units of local government, and regional agencies.
(3) To prepare energy contingency plans for
consideration by the Governor and the General Assembly. Such plans shall include procedures for determining when a foreseeable danger exists of energy shortages, including shortages of petroleum, coal, nuclear power, natural gas, and other forms of energy, and shall specify the actions to be taken to minimize hardship and maintain the general welfare during such energy shortages.
(4) To cooperate with State colleges and universities
and their governing boards in energy programs and activities.
(6) To accept, receive, expend, and administer,
including by contracts and grants to other State agencies, any energy-related gifts, grants, cooperative agreement funds, and other funds made available to the Department by the federal government and other public and private sources.
(7) To investigate practical problems, seek and
utilize financial assistance, implement studies and conduct research relating to the production, distribution and use of alcohol fuels.
(8) To serve as a clearinghouse for information on
alcohol production technology; provide assistance, information and data relating to the production and use of alcohol; develop informational packets and brochures, and hold public seminars to encourage the development and utilization of the best available technology.
(9) To coordinate with other State agencies in order
to promote the maximum flow of information and to avoid unnecessary overlapping of alcohol fuel programs. In order to effectuate this goal, the Director of the Department or his representative shall consult with the Directors, or their representatives, of the Departments of Agriculture, Central Management Services, Transportation, and Revenue, the Office of the State Fire Marshal, and the Environmental Protection Agency.
(10) To operate, within the Department, an Office of
Coal Development and Marketing for the promotion and marketing of Illinois coal both domestically and internationally. The Department may use monies appropriated for this purpose for necessary administrative expenses.
The Office of Coal Development and Marketing shall
develop and implement an initiative to assist the coal industry in Illinois to increase its share of the international coal market.
(11) To assist the Department of Central Management
Services in establishing and maintaining a system to analyze and report energy consumption of facilities leased by the Department of Central Management Services.
(12) To consult with the Departments of Natural
Resources and Transportation and the Illinois Environmental Protection Agency for the purpose of developing methods and standards that encourage the utilization of coal combustion by-products as value added products in productive and benign applications.
(13) To provide technical assistance and information
to sellers and distributors of storage hot water heaters doing business in Illinois, pursuant to Section 1 of the Hot Water Heater Efficiency Act.
(d) The Department shall develop a package of educational materials
containing information regarding the necessity of waste reduction and recycling to reduce
dependence on landfills and to maintain environmental quality. The
Department shall make this information available to the public on its website and for schools to access for their development of materials. Those materials shall be suitable for instructional use in grades 3, 4
(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
(20 ILCS 1105/8)
(from Ch. 96 1/2, par. 7408)
Illinois Coal Development Board.
(a) There may be established as an advisory board to the
Department, the Illinois Coal
Development Board, hereinafter in this Section called the Board. The Board
shall be composed of the following voting members: 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 Economic Opportunity; the President of the University of Illinois or his or her designee; the Director of
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); 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 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
The Board may 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 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
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 approve the annual budget and operating plan for administration of the Board.
(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; to make use of existing research facilities in Illinois or other institutions carrying out research on Illinois coal; as far as practicable, to make maximum use of the research facilities available at the Illinois State Geological Survey of the University of Illinois, the Coal Extraction and Utilization Research Center, the Illinois Coal Development Park and universities and colleges located within the State of Illinois; and to 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 and shall be consistent with the purposes of this Act. The Department 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 organization and conduct of business.
(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 and in the exercise of the Department's powers and performance of the Department's duties.
(11) To publish, from time to time, the results of
Illinois coal research projects funded through the Department.
(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 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.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; 96-739, eff. 1-1-10
(20 ILCS 1105/8.1)
The Illinois Coal Resurgence Program.
The Department shall
administer the Illinois Coal Resurgence Program. The Department shall have the
following powers in accordance with Section 7 of the General Obligation Bond
(1) To assist in the reopening of closed Illinois
(2) To assist in allowing existing Illinois coal
mines to remain operating.
(3) To assist in developing new markets (both
domestic and foreign) for Illinois coal.
(4) To assist in funding the cost of transportation
of Illinois coal to new markets and the development of related infrastructure.
(5) To assist in funding the cost of construction and
development of coal conversion parks in Illinois.
(6) To assist in providing incentives to attract new
businesses that use coal or by-products developed from coal or its conversion to relocate in Illinois.
(7) To assist in hiring consultants, engineers, and
other experts to assist in providing feasibility work in connection with projects whose funding would otherwise be authorized under this Act.
(Source: P.A. 90-312, eff. 8-1-97.)
(20 ILCS 1105/9)
(from Ch. 96 1/2, par. 7409)
The Illinois Industrial Coal Utilization Program.
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 shall
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 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 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 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
(Source: P.A. 94-91, eff. 7-1-05.)