CERT OF PUBLIC CONVENIENCE Senate SponsorsSen. James F. Clayborne, Jr.-Dale E. Risinger-David Koehler, David Luechtefeld and John O. Jones House Sponsors(Rep. Frank J. Mautino-Jay C. Hoffman-Bill Mitchell-John D. Cavaletto-David Reis and Jim Sacia) 1/12/2011SenateSession Sine Die 220 ILCS 5/8-406from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.1 new220 ILCS 5/8-509from Ch. 111 2/3, par. 8-509220 ILCS 5/8-510from Ch. 111 2/3, par. 8-510Amends the Public Utilities Act. Provides that specified provisions concerning a certificate of public convenience and necessity do not apply to an electric utility providing transmission service connections located within its certified or service territory in the usual course of business or transmission system extensions approved pursuant to a specific provision. Adds a provision concerning an alternative procedure for obtaining a certificate of public convenience and necessity for specified transmission line extensions not in the usual course of business. Includes land use studies as an activity requiring a certificate of public convenience and necessity. Effective immediately.Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Public Utilities Act. In provisions concerning the issuance of a certificate of public convenience and necessity by the Illinois Commerce Commission, includes as a factor, public utility's engineering judgment regarding the materials used for construction. Provides that a public utility that undertakes any of the actions described in specified provisions or that has obtained approval pursuant to specified provisions Act shall not be required to comply with specified requirements to the extent such requirements otherwise would apply. Provides that a public utility may apply for an expedited certificate of public convenience and necessity for the construction of any new high voltage electric service line and related facilities (Project). Specifies the requirements and fees for an expedited process for obtaining a certificate of public convenience and necessity. Provides that if a public utility seeks relief under the expedited process, then the Commission shall issue its order under this Section within 45 days after the utility files its petition provisions concerning eminent domain. Provides that the process for obtaining an expedited certificate may also be used for land surveys and land use studies. Effective immediately.Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the bill as amended by Senate Committee Amendment No. 1 with the following changes. Provides that at the first status hearing for a certificate of public convenience and necessity the administrative law judge shall set a schedule for discovery that shall take into consideration the expedited nature of the proceeding. Replaces the language concerning confidential information with language that provides that nothing in the provisions prohibits a utility from requesting, or the Commission from approving, protection of confidential or proprietary information under applicable law, and the public utility may seek confidential protection of any of the information provided, subject to Commission approval. Provides that, if the Project traverses 2 contiguous counties and where in one county the transmission line mileage and number of landowners over whose property the proposed route traverses is 1/5 or less of the transmission line mileage and number of such landowners of the other county, then the utility may combine the 3 pre-filing meetings in the county with the greater transmission line mileage and affected landowners. Provides for 150 days (rather than 120 days) for the Commission to grant or deny the application. Makes changes concerning the issuance of orders concerning eminent domain. Makes other organizational and technical changes. Effective immediately.House Committee Amendment No. 1 Deletes reference to:220 ILCS 5/8-406220 ILCS 5/8-406.1 new220 ILCS 5/8-509220 ILCS 5/8-510Adds reference to:20 ILCS 3855/1-1020 ILCS 3855/1-2020 ILCS 3855/1-7520 ILCS 3855/1-76 new20 ILCS 3855/1-76.5 new20 ILCS 3855/1-77 new20 ILCS 3855/1-78 new20 ILCS 3855/1-79 new30 ILCS 500/1-1030 ILCS 500/20-10220 ILCS 5/3-101from Ch. 111 2/3, par. 3-101220 ILCS 5/3-123 new220 ILCS 5/16-115220 ILCS 5/16-116220 ILCS 20/2.02from Ch. 111 2/3, par. 552.2220 ILCS 20/2.03from Ch. 111 2/3, par. 552.3220 ILCS 20/2.04from Ch. 111 2/3, par. 552.4220 ILCS 20/3from Ch. 111 2/3, par. 553415 ILCS 5/13.7 newReplaces everything after the enacting clause. Amends the Illinois Power Agency Act. Adds the definition of "initial clean coal 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 initial clean coal 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, competitive feedstock procurement processes, costs and revenue recoverable by the initial clean coal facility, sequestration permitting, oversight, and investigations. Provides for additional authority and responsibilities related to the initial clean coal facility for the Illinois Commerce Commission and the Capital Development Board, including provisions concerning costs, sourcing agreements, and capture and sequestration requirements. Provides that both the Illinois Environmental Protection Agency and the Commission shall annually inspect all carbon dioxide sequestration sites in the State. Adds new provisions concerning feedstock procurement plans and the implementation of feedstock procurement processes for initial clean coal facilities, including the requirements of a feedstock procurement administrator and the process for approval by the Commission. Amends the Illinois Procurement Code. Provides that the Code shall not apply to certain processes under the Illinois Power Agency Act related to initial clean coal 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 "initial clean coal facility", "sequester", "sourcing agreement", and "substitute natural gas" or "SNG". Adds provisions concerning the requirements of an initial clean coal facility to capture and sequester a certain amount of carbon emissions from its facility. 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. Provides that the Illinois Environmental Protection Agency, the Illinois Commerce 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 Floor Amendment No. 2 Amends the Illinois Power Agency Act. Makes a change to the definition of "sequester". Specifies that the Planning and Procurement Bureau shall at least every 5 years (instead of each year) beginning in 2012 develop feedstock procurement plans and conduct competitive feedstock procurement processes. Provides that the Illinois Power Agency ("Agency") shall award a 5-year contract (instead of 3-year) to the expert or expert consulting firm selected to serve as the feedstock procurement administrator, with an option for a 5-year renewal (instead of one-year). Provides that the mediator for disputes over the draft sourcing agreement's terms shall have knowledge of the energy industry. In a provision requiring certain reports to be submitted prior to a proposed sourcing agreement with the initial clean coal facility becoming effective, specifies that the reports may be prepared and submitted either before or after the effective date of the amendatory Act. In a provision concerning costs recoverable by the initial clean coal facility, provides that the Illinois Commerce Commission ("Commission") shall calculate (instead of approve) a price per Mwh for the upcoming year using the inputs to the formula rate under certain provisions. Makes several other changes to provisions concerning costs and revenue recoverable by the initial clean coal facility. Provides that in certain circumstances where the carbon dioxide pipeline creates a substantial danger, the State's Attorney or Attorney General may institute a civil action for an immediate injunction. Makes several technical changes. Makes other changes. Makes a change in the Illinois Procurement Code. Makes a technical change in the Public Utilities Act. In the Environmental Protection Act, provides that certain costs for which a person is liable under the Act are in addition to any other fees, penalties, or other relief provided under the Act or any other law. Deletes the effective date provision. 10/15/2009SenateFiled with Secretary by Sen. William R. Haine 10/15/2009SenateFirst Reading 10/15/2009SenateReferred to Assignments 2/16/2010SenateAssigned to Energy 2/18/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine 2/18/2010SenateSenate Committee Amendment No. 1 Referred to Assignments 2/18/2010SenateAdded as Chief Co-Sponsor Sen. Dale E. Risinger 2/23/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Energy 3/2/2010SenateAdded as Chief Co-Sponsor Sen. David Koehler 3/3/2010SenateSenate Committee Amendment No. 1 Adopted 3/3/2010SenateDo Pass as Amended Energy; 013-000-000 3/3/2010SenatePlaced on Calendar Order of 2nd Reading March 4, 2010 3/4/2010SenateSecond Reading 3/4/2010SenatePlaced on Calendar Order of 3rd Reading March 9, 2010 3/19/2010SenateRule 2-10 Third Reading Deadline Established As March 26, 2010 3/26/2010SenateRule 2-10 Third Reading Deadline Established As April 15, 2010 4/13/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine 4/13/2010SenateSenate Floor Amendment No. 2 Referred to Assignments 4/14/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Energy 4/22/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Energy; 013-000-000 4/22/2010SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr. 4/23/2010SenateAdded as Co-Sponsor Sen. Dale A. Righter 4/23/2010SenateRule 2-10 Third Reading Deadline Established As May 7, 2010 4/30/2010SenateRecalled to Second Reading 4/30/2010SenateSenate Floor Amendment No. 2 Adopted; Haine 4/30/2010SenatePlaced on Calendar Order of 3rd Reading 4/30/2010SenateThird Reading - Passed; 053-000-000 5/3/2010HouseArrived in House 5/3/2010HouseChief House Sponsor Rep. Dan Reitz 5/3/2010HousePlaced on Calendar Order of First Reading 5/3/2010HouseFirst Reading 5/3/2010HouseReferred to Rules Committee 11/10/2010HouseFinal Action Deadline Extended-9(b) January 11, 2011 11/10/2010HouseAssigned to Electric Generation & Commerce Committee 11/29/2010HouseAlternate Chief Sponsor Changed to Rep. Frank J. Mautino 11/29/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Electric Generation & Commerce Committee 11/29/2010HouseHouse Committee Amendment No. 1 Adopted in Electric Generation & Commerce Committee; by Voice Vote 11/29/2010HouseDo Pass as Amended / Short Debate Electric Generation & Commerce Committee; 007-004-000 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 11/30/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Frank J. Mautino 11/30/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee 11/30/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. Jay C. Hoffman 11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. Bill Mitchell 11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. John D. Cavaletto 11/30/2010HouseAdded Alternate Chief Co-Sponsor Rep. David Reis 11/30/2010HouseAdded Alternate Co-Sponsor Rep. Jim Sacia 11/30/2010HouseRecalled to Second Reading - Short Debate 11/30/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 11/30/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate 11/30/2010HouseThird Reading - Consideration Postponed 11/30/2010HousePlaced on Calendar - Consideration Postponed 11/30/2010HouseThird Reading - Short Debate - Passed 063-050-001 11/30/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2 11/30/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - December 1, 2010 12/1/2010SenateSponsor Removed Sen. Dale A. Righter 12/1/2010SenateChief Sponsor Changed to Sen. Deanna Demuzio 12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Deanna Demuzio 12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 12/1/2010SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Deanna Demuzio 12/1/2010SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 12/1/2010SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive 12/1/2010SenateHouse Committee Amendment No. 1 Motion to Concur Postponed Executive 12/1/2010SenateHouse Floor Amendment No. 2 Motion to Concur Postponed Executive 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 Floor Amendment No. 2 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b) 1/4/2011SenateAdded as Co-Sponsor Sen. David Luechtefeld 1/4/2011SenateAdded as Co-Sponsor Sen. John O. Jones 1/5/2011SenateApproved for Consideration Assignments 1/5/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - January 5, 2011 1/5/2011SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 1/5/2011SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive 1/5/2011SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 008-004-001 1/5/2011SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 008-004-001 1/5/2011SenateHouse Committee Amendment No. 1 Motion to Concur - Consideration Postponed 1/5/2011SenateHouse Floor Amendment No. 2 Motion to Concur - Consideration Postponed 1/5/2011SenatePlaced on Calendar Order of Concurrence Consideration Postponed January 6, 2011 1/6/2011SenateChief Sponsor Changed to Sen. James F. Clayborne, Jr. 1/12/2011SenateHouse Committee Amendment No. 1 Motion to Concur Lost 018-033-004 1/12/2011SenateHouse Floor Amendment No. 2 Motion to Concur Lost 018-033-004 1/12/2011SenateSession Sine Die