Rep. Frank J. Mautino

Filed: 11/30/2010





09600SB2485ham002LRB096 14944 ASK 44279 a


2    AMENDMENT NO. ______. Amend Senate Bill 2485, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41 as follows:
5on page 5, line 19, by replacing "agreement" with "agreements";
7on page 7, lines 21 through 23, by deleting "only as approved
8by the Commission pursuant to Section 1-77 of this Act"; and
9on page 20, lines 8 through 9, by replacing "each year" with
10"at least every 5 years"; and
11on page 21, line 16, by replacing "each year" with "at least
12every 5 years"; and
13on page 24, line 23, by replacing "3-year" with "5-year"; and



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1on page 24, line 26, by replacing "one-year" with "5-year"; and
2on page 25, line 21, after "plans", by inserting "under
3subsection (a)"; and
4on page 31, line 6, after "plans", by inserting "under
5subsection (a)"; and
6on page 35, by replacing line 2 with "with the initial clean
7coal facility facilities pursuant to"; and
8on page 35, line 19, by replacing "Section" with "paragraph
9(3)"; and
10on page 35, line 25, by replacing "that meet" with "meets"; and
11on page 35, by replacing line 26 with "requirements, each
12proposed initial clean coal facility meeting each of the
13requirements shall submit a proposed sourcing agreement to";
15on page 48, line 24, after "facility.", by inserting "The
16mediator shall have knowledge of the energy industry."; and
17on page 50, by replacing line 14 with "and submitted, whether



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1prepared and submitted before or after the effective date of
2this amendatory Act of the 96th General Assembly and
3authorizations and approvals obtained:"; and
4on page 58, line 11, after "in", by inserting "this"; and
5on page 59, line 1, after "days", by inserting "after the"; and
6on page 59, line 3, by replacing "approve" with "calculate";
8on page 59, line 4, by replacing "based upon such projections
9and" with "using the inputs to the formula rate under"; and
10on page 59, line 5, by replacing "approve" with "calculate";
12on page 59, line 16, by replacing "approved" with "calculated";
14on page 59, line 23, by deleting "incurred by the initial clean
15coal facility"; and
16on page 59, line 24, after "incorporated", by inserting "as a
17deduction"; and



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1on page 60, line 15, after "any", by inserting "cost
2information and"; and
3on page 60, by replacing lines 23 and 24 with "(d) of Section
41-75 of this Act;"; and
5on page 63, by replacing line 21 with "contractors with respect
6to the contractor bearing risk for"; and
7on page 66, line 25, by deleting "for producing SNG"; and
8on page 67, line 1, after "million", by inserting "btu
9content"; and
10on page 67, line 23, after "means costs", by inserting "per ton
11of sequestered carbon dioxide"; and
12on page 68, line 8, after "Accounts", by inserting "for the
13initial clean coal facility"; and
14on page 68, line 11, after "System of Accounts", by inserting
15"for the initial clean coal facility"; and
16on page 68, by replacing line 24 with "determining
17sequestration capital costs and sequestration operations and
18maintenance costs, the Capital Development"; and



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1on page 69, line 1, after "any", by inserting "cost information
2and"; and
3on page 69, line 2, after "not", by inserting "employ"; and
4on page 69, lines 7 through 9 by deleting "and any update on
5costs that may be provided by the initial clean coal facility";
7on page 70, line 8, by replacing "(e)" with "(f)"; and
8on page 72, line 16, by replacing "repeal and amendment" with
9"repeal, or amendment"; and
10on page 73, line 3, immediately after "United States", by
11inserting "."; and
12on page 73, immediately below line 22, by inserting the
14    "The Agency shall recommend a rate of return to the
15Commission utilizing the criteria in this subsection (f). The
16Commission shall further take into account the recommendation
17of the Agency, but shall not be bound by it."; and
18on page 73, line 25, after "utilities", by inserting "in



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1accordance with original cost rate base"; and
2on page 74, line 11, by replacing "take account of" with
3"adjust for"; and
4on page 74, by replacing lines 16 through 19 with "The
5Commission's"; and
6on page 76, by replacing lines 9 and 10 with "assist with
7calculating the capital costs or sequestration costs shall be
8retained no later"; and
9on page 79, line 20, by deleting "SNG"; and
10on page 81, lines 8 through 9, by deleting "to ensure the
11safety and feasibility of those sequestration sites"; and
12on page 82, by replacing lines 14 through 21 with the
14"Environmental Protection Agency of such conditions. In
15circumstances in which the carbon dioxide pipeline creates a
16substantial danger to the environment or public health or to
17the welfare of persons when the danger is to the livelihood of
18those persons, the State's Attorney or Attorney General may,
19upon the request of the Commission or on his or her own motion,
20institute a civil action for an immediate injunction to halt



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1any discharge or other activity causing or contributing to the
2danger or require any other action as may be necessary. The
3Court may issue an ex parte order and shall schedule a hearing
4on the matter no later than 3 business days after the date of
5the injunction. The Commission shall provide notice of any such
6actions as soon as possible on its website."; and
7on page 82, line 25, after "years", by inserting "beginning in
82012"; and
9on page 84, by replacing line 1 with "feedstock over the term
10of the sourcing agreement;"; and
11on page 87, line 21, by replacing ", as necessary," with "at
12least every 5 years"; and
13on page 96, line 11, by replacing "utilizes" with "utilities";
15on page 96, line 12, by replacing "(1)" with "(3)"; and
16on page 100, lines 16 through 17, by deleting ", the range of
17operating and maintenance costs,"; and
18on page 114, by replacing lines 15 and 16 with "that in lieu of
19the requirements in subparagraphs (B)(iii), (B)(iv), (C)(i),



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1(D)(ii), (D)(vi), and (D)(vii) (A)(v), (B)(i), (C)(v), and
2(C)(vi) of"; and
3on page 115, line 21, by replacing "or" with "and or"; and
4on page 115, line 22, by replacing "provisions" with "contract
5for differences provisions"; and
6on page 116, lines 14 and 20, by replacing "such prior" each
7time it appears with "the third month preceding the current
8such prior"; and
9on page 116, line 19, after "utilities", by inserting "in the
10State"; and
11on page 116, by replacing lines 22 and 23 with the following:
12            "(v) (blank);"; and
13on page 128, line 9, after "Agency.", by inserting "Costs for
14which a person is liable under this subsection (d) are in
15addition to any other fees, penalties, or other relief provided
16under this Act or any other law."; and
17on page 129, by deleting all of Section 99.