Rep. John E. Bradley

Filed: 5/31/2011

 

 


 

 


 
09700SB2062ham004LRB097 10263 ASK 56642 a

1
AMENDMENT TO SENATE BILL 2062

2    AMENDMENT NO. ______. Amend Senate Bill 2062, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
43 as follows:
 
5on page 17, immediately below line 15, by inserting the
6following:
 
7    "Section 90. Conditional repeal. This Act shall be repealed
8within 5 years after the effective date of this amendatory Act
9of the 97th General Assembly, unless construction of a pipeline
10and storage field for captured CO2 for the FutureGen Project
11has commenced.
 
12    Section 800. The State Officials and Employees Ethics Act
13is amended by changing Section 20-5 as follows:
 
14    (5 ILCS 430/20-5)

 

 

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1    (Text of Section before amendment by P.A. 96-1528)
2    Sec. 20-5. Executive Ethics Commission.
3    (a) The Executive Ethics Commission is created.
4    (b) The Executive Ethics Commission shall consist of 9
5commissioners. The Governor shall appoint 5 commissioners, and
6the Attorney General, Secretary of State, Comptroller, and
7Treasurer shall each appoint one commissioner. Appointments
8shall be made by and with the advice and consent of the Senate
9by three-fifths of the elected members concurring by record
10vote. Any nomination not acted upon by the Senate within 60
11session days of the receipt thereof shall be deemed to have
12received the advice and consent of the Senate. If, during a
13recess of the Senate, there is a vacancy in an office of
14commissioner, the appointing authority shall make a temporary
15appointment until the next meeting of the Senate when the
16appointing authority shall make a nomination to fill that
17office. No person rejected for an office of commissioner shall,
18except by the Senate's request, be nominated again for that
19office at the same session of the Senate or be appointed to
20that office during a recess of that Senate. No more than 5
21commissioners may be of the same political party.
22    The terms of the initial commissioners shall commence upon
23qualification. Four initial appointees of the Governor, as
24designated by the Governor, shall serve terms running through
25June 30, 2007. One initial appointee of the Governor, as
26designated by the Governor, and the initial appointees of the

 

 

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1Attorney General, Secretary of State, Comptroller, and
2Treasurer shall serve terms running through June 30, 2008. The
3initial appointments shall be made within 60 days after the
4effective date of this Act.
5    After the initial terms, commissioners shall serve for
64-year terms commencing on July 1 of the year of appointment
7and running through June 30 of the fourth following year.
8Commissioners may be reappointed to one or more subsequent
9terms.
10    Vacancies occurring other than at the end of a term shall
11be filled by the appointing authority only for the balance of
12the term of the commissioner whose office is vacant.
13    Terms shall run regardless of whether the position is
14filled.
15    (c) The appointing authorities shall appoint commissioners
16who have experience holding governmental office or employment
17and shall appoint commissioners from the general public. A
18person is not eligible to serve as a commissioner if that
19person (i) has been convicted of a felony or a crime of
20dishonesty or moral turpitude, (ii) is, or was within the
21preceding 12 months, engaged in activities that require
22registration under the Lobbyist Registration Act, (iii) is
23related to the appointing authority, or (iv) is a State officer
24or employee.
25    (d) The Executive Ethics Commission shall have
26jurisdiction over all officers and employees of State agencies

 

 

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1other than the General Assembly, the Senate, the House of
2Representatives, the President and Minority Leader of the
3Senate, the Speaker and Minority Leader of the House of
4Representatives, the Senate Operations Commission, the
5legislative support services agencies, and the Office of the
6Auditor General. The jurisdiction of the Commission is limited
7to matters arising under this Act.
8    A member or legislative branch State employee serving on an
9executive branch board or commission remains subject to the
10jurisdiction of the Legislative Ethics Commission and is not
11subject to the jurisdiction of the Executive Ethics Commission.
12    (d-5) The Executive Ethics Commission shall have
13jurisdiction over all chief procurement officers and
14procurement compliance monitors and their respective staffs.
15The Executive Ethics Commission shall have jurisdiction over
16any matters arising under the Illinois Procurement Code if the
17Commission is given explicit authority in that Code.
18    (d-6) The Executive Ethics Commission shall have
19jurisdiction over the Illinois Power Agency and its staff. The
20Director of the Agency shall be appointed by a majority of the
21commissioners of the Executive Ethics Commission, subject to
22Senate confirmation, for a term of 2 years; provided that,
23notwithstanding any other provision of State law, the term of
24the Director holding the position on the effective date of this
25amendatory Act of the 97th General Assembly shall expire on
26December 31, 2013. The Director is removable for cause by a

 

 

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1majority of the Commission upon a finding of neglect,
2malfeasance, absence, or incompetence.
3    (e) The Executive Ethics Commission must meet, either in
4person or by other technological means, at least monthly and as
5often as necessary. At the first meeting of the Executive
6Ethics Commission, the commissioners shall choose from their
7number a chairperson and other officers that they deem
8appropriate. The terms of officers shall be for 2 years
9commencing July 1 and running through June 30 of the second
10following year. Meetings shall be held at the call of the
11chairperson or any 3 commissioners. Official action by the
12Commission shall require the affirmative vote of 5
13commissioners, and a quorum shall consist of 5 commissioners.
14Commissioners shall receive compensation in an amount equal to
15the compensation of members of the State Board of Elections and
16may be reimbursed for their reasonable expenses actually
17incurred in the performance of their duties.
18    (f) No commissioner or employee of the Executive Ethics
19Commission may during his or her term of appointment or
20employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any

 

 

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1    political party or political organization; or
2        (4) advocate for the appointment of another person to
3    an appointed or elected office or position or actively
4    participate in any campaign for any elective office.
5    (g) An appointing authority may remove a commissioner only
6for cause.
7    (h) The Executive Ethics Commission shall appoint an
8Executive Director. The compensation of the Executive Director
9shall be as determined by the Commission. The Executive
10Director of the Executive Ethics Commission may employ and
11determine the compensation of staff, as appropriations permit.
12    (i) The Executive Ethics Commission shall appoint, by a
13majority of the members appointed to the Commission, chief
14procurement officers and procurement compliance monitors in
15accordance with the provisions of the Illinois Procurement
16Code. The compensation of a chief procurement officer and
17procurement compliance monitor shall be determined by the
18Commission.
19(Source: P.A. 96-555, eff. 8-18-09.)
 
20    (Text of Section after amendment by P.A. 96-1528)
21    Sec. 20-5. Executive Ethics Commission.
22    (a) The Executive Ethics Commission is created.
23    (b) The Executive Ethics Commission shall consist of 9
24commissioners. The Governor shall appoint 5 commissioners, and
25the Attorney General, Secretary of State, Comptroller, and

 

 

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1Treasurer shall each appoint one commissioner. Appointments
2shall be made by and with the advice and consent of the Senate
3by three-fifths of the elected members concurring by record
4vote. Any nomination not acted upon by the Senate within 60
5session days of the receipt thereof shall be deemed to have
6received the advice and consent of the Senate. If, during a
7recess of the Senate, there is a vacancy in an office of
8commissioner, the appointing authority shall make a temporary
9appointment until the next meeting of the Senate when the
10appointing authority shall make a nomination to fill that
11office. No person rejected for an office of commissioner shall,
12except by the Senate's request, be nominated again for that
13office at the same session of the Senate or be appointed to
14that office during a recess of that Senate. No more than 5
15commissioners may be of the same political party.
16    The terms of the initial commissioners shall commence upon
17qualification. Four initial appointees of the Governor, as
18designated by the Governor, shall serve terms running through
19June 30, 2007. One initial appointee of the Governor, as
20designated by the Governor, and the initial appointees of the
21Attorney General, Secretary of State, Comptroller, and
22Treasurer shall serve terms running through June 30, 2008. The
23initial appointments shall be made within 60 days after the
24effective date of this Act.
25    After the initial terms, commissioners shall serve for
264-year terms commencing on July 1 of the year of appointment

 

 

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1and running through June 30 of the fourth following year.
2Commissioners may be reappointed to one or more subsequent
3terms.
4    Vacancies occurring other than at the end of a term shall
5be filled by the appointing authority only for the balance of
6the term of the commissioner whose office is vacant.
7    Terms shall run regardless of whether the position is
8filled.
9    (c) The appointing authorities shall appoint commissioners
10who have experience holding governmental office or employment
11and shall appoint commissioners from the general public. A
12person is not eligible to serve as a commissioner if that
13person (i) has been convicted of a felony or a crime of
14dishonesty or moral turpitude, (ii) is, or was within the
15preceding 12 months, engaged in activities that require
16registration under the Lobbyist Registration Act, (iii) is
17related to the appointing authority, or (iv) is a State officer
18or employee.
19    (d) The Executive Ethics Commission shall have
20jurisdiction over all officers and employees of State agencies
21other than the General Assembly, the Senate, the House of
22Representatives, the President and Minority Leader of the
23Senate, the Speaker and Minority Leader of the House of
24Representatives, the Senate Operations Commission, the
25legislative support services agencies, and the Office of the
26Auditor General. The Executive Ethics Commission shall have

 

 

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1jurisdiction over all board members and employees of Regional
2Transit Boards. The jurisdiction of the Commission is limited
3to matters arising under this Act, except as provided in
4subsection (d-5).
5    A member or legislative branch State employee serving on an
6executive branch board or commission remains subject to the
7jurisdiction of the Legislative Ethics Commission and is not
8subject to the jurisdiction of the Executive Ethics Commission.
9    (d-5) The Executive Ethics Commission shall have
10jurisdiction over all chief procurement officers and
11procurement compliance monitors and their respective staffs.
12The Executive Ethics Commission shall have jurisdiction over
13any matters arising under the Illinois Procurement Code if the
14Commission is given explicit authority in that Code.
15    (d-6) The Executive Ethics Commission shall have
16jurisdiction over the Illinois Power Agency and its staff. The
17Director of the Agency shall be appointed by a majority of the
18commissioners of the Executive Ethics Commission, subject to
19Senate confirmation, for a term of 2 years; provided that,
20notwithstanding any other provision of State law, the term of
21the Director holding the position on the effective date of this
22amendatory Act of the 97th General Assembly shall expire on
23December 31, 2013. The Director is removable for cause by a
24majority of the Commission upon a finding of neglect,
25malfeasance, absence, or incompetence.
26    (e) The Executive Ethics Commission must meet, either in

 

 

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1person or by other technological means, at least monthly and as
2often as necessary. At the first meeting of the Executive
3Ethics Commission, the commissioners shall choose from their
4number a chairperson and other officers that they deem
5appropriate. The terms of officers shall be for 2 years
6commencing July 1 and running through June 30 of the second
7following year. Meetings shall be held at the call of the
8chairperson or any 3 commissioners. Official action by the
9Commission shall require the affirmative vote of 5
10commissioners, and a quorum shall consist of 5 commissioners.
11Commissioners shall receive compensation in an amount equal to
12the compensation of members of the State Board of Elections and
13may be reimbursed for their reasonable expenses actually
14incurred in the performance of their duties.
15    (f) No commissioner or employee of the Executive Ethics
16Commission may during his or her term of appointment or
17employment:
18        (1) become a candidate for any elective office;
19        (2) hold any other elected or appointed public office
20    except for appointments on governmental advisory boards or
21    study commissions or as otherwise expressly authorized by
22    law;
23        (3) be actively involved in the affairs of any
24    political party or political organization; or
25        (4) advocate for the appointment of another person to
26    an appointed or elected office or position or actively

 

 

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1    participate in any campaign for any elective office.
2    (g) An appointing authority may remove a commissioner only
3for cause.
4    (h) The Executive Ethics Commission shall appoint an
5Executive Director. The compensation of the Executive Director
6shall be as determined by the Commission. The Executive
7Director of the Executive Ethics Commission may employ and
8determine the compensation of staff, as appropriations permit.
9    (i) The Executive Ethics Commission shall appoint, by a
10majority of the members appointed to the Commission, chief
11procurement officers and procurement compliance monitors in
12accordance with the provisions of the Illinois Procurement
13Code. The compensation of a chief procurement officer and
14procurement compliance monitor shall be determined by the
15Commission.
16(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
17    Section 820. The Executive Reorganization Implementation
18Act is amended by changing Section 3.1 as follows:
 
19    (15 ILCS 15/3.1)  (from Ch. 127, par. 1803.1)
20    Sec. 3.1. "Agency directly responsible to the Governor" or
21"agency" means any office, officer, division, or part thereof,
22and any other office, nonelective officer, department,
23division, bureau, board, or commission in the executive branch
24of State government, except that it does not apply to any

 

 

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1agency whose primary function is service to the General
2Assembly or the Judicial Branch of State government, or to any
3agency administered by the Attorney General, Secretary of
4State, State Comptroller or State Treasurer. In addition the
5term does not apply to the following agencies created by law
6with the primary responsibility of exercising regulatory or
7adjudicatory functions independently of the Governor:
8    (1) the State Board of Elections;
9    (2) the State Board of Education;
10    (3) the Illinois Commerce Commission;
11    (4) the Illinois Workers' Compensation Commission;
12    (5) the Civil Service Commission;
13    (6) the Fair Employment Practices Commission;
14    (7) the Pollution Control Board;
15    (8) the Department of State Police Merit Board;
16    (9) the Illinois Racing Board; .
17    (10) the Illinois Power Agency.
18(Source: P.A. 96-796, eff. 10-29-09.)
 
19    Section 830. The Civil Administrative Code of Illinois is
20amended by changing Sections 5-15 and 5-20 as follows:
 
21    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
22    Sec. 5-15. Departments of State government. The
23Departments of State government are created as follows:
24    The Department on Aging.

 

 

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1    The Department of Agriculture.
2    The Department of Central Management Services.
3    The Department of Children and Family Services.
4    The Department of Commerce and Economic Opportunity.
5    The Department of Corrections.
6    The Department of Employment Security.
7    The Illinois Emergency Management Agency.
8    The Department of Financial and Professional Regulation.
9    The Department of Healthcare and Family Services.
10    The Department of Human Rights.
11    The Department of Human Services.
12    The Illinois Power Agency.
13    The Department of Juvenile Justice.
14    The Department of Labor.
15    The Department of the Lottery.
16    The Department of Natural Resources.
17    The Department of Public Health.
18    The Department of Revenue.
19    The Department of State Police.
20    The Department of Transportation.
21    The Department of Veterans' Affairs.
22(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
2395-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
 
24    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
25    Sec. 5-20. Heads of departments. Each department shall have

 

 

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1an officer as its head who shall be known as director or
2secretary and who shall, subject to the provisions of the Civil
3Administrative Code of Illinois, execute the powers and
4discharge the duties vested by law in his or her respective
5department.
6    The following officers are hereby created:
7    Director of Aging, for the Department on Aging.
8    Director of Agriculture, for the Department of
9Agriculture.
10    Director of Central Management Services, for the
11Department of Central Management Services.
12    Director of Children and Family Services, for the
13Department of Children and Family Services.
14    Director of Commerce and Economic Opportunity, for the
15Department of Commerce and Economic Opportunity.
16    Director of Corrections, for the Department of
17Corrections.
18    Director of the Illinois Emergency Management Agency, for
19the Illinois Emergency Management Agency.
20    Director of Employment Security, for the Department of
21Employment Security.
22    Secretary of Financial and Professional Regulation, for
23the Department of Financial and Professional Regulation.
24    Director of Healthcare and Family Services, for the
25Department of Healthcare and Family Services.
26    Director of Human Rights, for the Department of Human

 

 

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1Rights.
2    Secretary of Human Services, for the Department of Human
3Services.
4    Director of the Illinois Power Agency, for the Illinois
5Power Agency.
6    Director of Juvenile Justice, for the Department of
7Juvenile Justice.
8    Director of Labor, for the Department of Labor.
9    Director of the Lottery, for the Department of the Lottery.
10    Director of Natural Resources, for the Department of
11Natural Resources.
12    Director of Public Health, for the Department of Public
13Health.
14    Director of Revenue, for the Department of Revenue.
15    Director of State Police, for the Department of State
16Police.
17    Secretary of Transportation, for the Department of
18Transportation.
19    Director of Veterans' Affairs, for the Department of
20Veterans' Affairs.
21(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
2295-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
 
23    Section 840. The Personnel Code is amended by changing
24Section 4c as follows:
 

 

 

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1    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
2    Sec. 4c. General exemptions. The following positions in
3State service shall be exempt from jurisdictions A, B, and C,
4unless the jurisdictions shall be extended as provided in this
5Act:
6        (1) All officers elected by the people.
7        (2) All positions under the Lieutenant Governor,
8    Secretary of State, State Treasurer, State Comptroller,
9    State Board of Education, Clerk of the Supreme Court,
10    Attorney General, and State Board of Elections.
11        (3) Judges, and officers and employees of the courts,
12    and notaries public.
13        (4) All officers and employees of the Illinois General
14    Assembly, all employees of legislative commissions, all
15    officers and employees of the Illinois Legislative
16    Reference Bureau, the Legislative Research Unit, and the
17    Legislative Printing Unit.
18        (5) All positions in the Illinois National Guard and
19    Illinois State Guard, paid from federal funds or positions
20    in the State Military Service filled by enlistment and paid
21    from State funds.
22        (6) All employees of the Governor at the executive
23    mansion and on his immediate personal staff.
24        (7) Directors of Departments, the Adjutant General,
25    the Assistant Adjutant General, the Director of the
26    Illinois Emergency Management Agency, members of boards

 

 

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1    and commissions, and all other positions appointed by the
2    Governor by and with the consent of the Senate.
3        (8) The presidents, other principal administrative
4    officers, and teaching, research and extension faculties
5    of Chicago State University, Eastern Illinois University,
6    Governors State University, Illinois State University,
7    Northeastern Illinois University, Northern Illinois
8    University, Western Illinois University, the Illinois
9    Community College Board, Southern Illinois University,
10    Illinois Board of Higher Education, University of
11    Illinois, State Universities Civil Service System,
12    University Retirement System of Illinois, and the
13    administrative officers and scientific and technical staff
14    of the Illinois State Museum.
15        (9) All other employees except the presidents, other
16    principal administrative officers, and teaching, research
17    and extension faculties of the universities under the
18    jurisdiction of the Board of Regents and the colleges and
19    universities under the jurisdiction of the Board of
20    Governors of State Colleges and Universities, Illinois
21    Community College Board, Southern Illinois University,
22    Illinois Board of Higher Education, Board of Governors of
23    State Colleges and Universities, the Board of Regents,
24    University of Illinois, State Universities Civil Service
25    System, University Retirement System of Illinois, so long
26    as these are subject to the provisions of the State

 

 

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1    Universities Civil Service Act.
2        (10) The State Police so long as they are subject to
3    the merit provisions of the State Police Act.
4        (11) (Blank).
5        (12) The technical and engineering staffs of the
6    Department of Transportation, the Department of Nuclear
7    Safety, the Pollution Control Board, and the Illinois
8    Commerce Commission, and the technical and engineering
9    staff providing architectural and engineering services in
10    the Department of Central Management Services.
11        (13) All employees of the Illinois State Toll Highway
12    Authority.
13        (14) The Secretary of the Illinois Workers'
14    Compensation Commission.
15        (15) All persons who are appointed or employed by the
16    Director of Insurance under authority of Section 202 of the
17    Illinois Insurance Code to assist the Director of Insurance
18    in discharging his responsibilities relating to the
19    rehabilitation, liquidation, conservation, and dissolution
20    of companies that are subject to the jurisdiction of the
21    Illinois Insurance Code.
22        (16) All employees of the St. Louis Metropolitan Area
23    Airport Authority.
24        (17) All investment officers employed by the Illinois
25    State Board of Investment.
26        (18) Employees of the Illinois Young Adult

 

 

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1    Conservation Corps program, administered by the Illinois
2    Department of Natural Resources, authorized grantee under
3    Title VIII of the Comprehensive Employment and Training Act
4    of 1973, 29 USC 993.
5        (19) Seasonal employees of the Department of
6    Agriculture for the operation of the Illinois State Fair
7    and the DuQuoin State Fair, no one person receiving more
8    than 29 days of such employment in any calendar year.
9        (20) All "temporary" employees hired under the
10    Department of Natural Resources' Illinois Conservation
11    Service, a youth employment program that hires young people
12    to work in State parks for a period of one year or less.
13        (21) All hearing officers of the Human Rights
14    Commission.
15        (22) All employees of the Illinois Mathematics and
16    Science Academy.
17        (23) All employees of the Kankakee River Valley Area
18    Airport Authority.
19        (24) The commissioners and employees of the Executive
20    Ethics Commission.
21        (25) The Executive Inspectors General, including
22    special Executive Inspectors General, and employees of
23    each Office of an Executive Inspector General.
24        (26) The commissioners and employees of the
25    Legislative Ethics Commission.
26        (27) The Legislative Inspector General, including

 

 

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1    special Legislative Inspectors General, and employees of
2    the Office of the Legislative Inspector General.
3        (28) The Auditor General's Inspector General and
4    employees of the Office of the Auditor General's Inspector
5    General.
6        (29) All employees of the Illinois Power Agency.
7(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
 
8    Section 860. The Illinois Power Agency Act is amended by
9changing Sections 1-5, 1-15, 1-20, 1-25, 1-70, and 1-75 as
10follows:
 
11    (20 ILCS 3855/1-5)
12    Sec. 1-5. Legislative declarations and findings. The
13General Assembly finds and declares:
14        (1) The health, welfare, and prosperity of all Illinois
15    citizens require the provision of adequate, reliable,
16    affordable, efficient, and environmentally sustainable
17    electric service at the lowest total cost over time, taking
18    into account any benefits of price stability.
19        (2) The transition to retail competition is not
20    complete. Some customers, especially residential and small
21    commercial customers, have failed to benefit from lower
22    electricity costs from retail and wholesale competition.
23        (3) Escalating prices for electricity in Illinois pose
24    a serious threat to the economic well-being, health, and

 

 

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1    safety of the residents of and the commerce and industry of
2    the State.
3        (4) To protect against this threat to economic
4    well-being, health, and safety it is necessary to improve
5    the process of procuring electricity to serve Illinois
6    residents, to promote investment in energy efficiency and
7    demand-response measures, and to support development of
8    clean coal technologies and renewable resources.
9        (5) Procuring a diverse electricity supply portfolio
10    will ensure the lowest total cost over time for adequate,
11    reliable, efficient, and environmentally sustainable
12    electric service.
13        (6) Including cost-effective renewable resources in
14    that portfolio will reduce long-term direct and indirect
15    costs to consumers by decreasing environmental impacts and
16    by avoiding or delaying the need for new generation,
17    transmission, and distribution infrastructure.
18        (7) Energy efficiency, demand-response measures, and
19    renewable energy are resources currently underused in
20    Illinois.
21        (8) The State should encourage the use of advanced
22    clean coal technologies that capture and sequester carbon
23    dioxide emissions to advance environmental protection
24    goals and to demonstrate the viability of coal and
25    coal-derived fuels in a carbon-constrained economy.
26        (9) The General Assembly enacted Public Act 96-0795 to

 

 

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1    reform the State's purchasing processes, recognizing that
2    government procurement is susceptible to abuse if
3    structural and procedural safeguards are not in place to
4    ensure independence, insulation, oversight, and
5    transparency.
6        (10) The principles that underlie the procurement
7    reform legislation apply also in the context of power
8    purchasing.
9    The General Assembly therefore finds that it is necessary
10to create the Illinois Power Agency and that the goals and
11objectives of that Agency are to accomplish each of the
12following:
13        (A) Develop electricity procurement plans to ensure
14    adequate, reliable, affordable, efficient, and
15    environmentally sustainable electric service at the lowest
16    total cost over time, taking into account any benefits of
17    price stability, for electric utilities that on December
18    31, 2005 provided electric service to at least 100,000
19    customers in Illinois. The procurement plan shall be
20    updated on an annual basis and shall include renewable
21    energy resources sufficient to achieve the standards
22    specified in this Act.
23        (B) Conduct competitive procurement processes to
24    procure the supply resources identified in the procurement
25    plan.
26        (C) Develop electric generation and co-generation

 

 

09700SB2062ham004- 23 -LRB097 10263 ASK 56642 a

1    facilities that use indigenous coal or renewable
2    resources, or both, financed with bonds issued by the
3    Illinois Finance Authority.
4        (D) Supply electricity from the Agency's facilities at
5    cost to one or more of the following: municipal electric
6    systems, governmental aggregators, or rural electric
7    cooperatives in Illinois.
8        (E) Ensure that the process of power procurement is
9    conducted in an ethical and transparent fashion, immune
10    from improper influence.
11        (F) Continue to review its policies and practices to
12    determine how best to meet its mission of providing the
13    lowest cost power to the greatest number of people, at any
14    given point in time, in accordance with applicable law.
15        (G) Operate in a structurally insulated, independent,
16    and transparent fashion so that nothing impedes the
17    Agency's mission to secure power at the best prices the
18    market will bear, provided that the Agency meets all
19    applicable legal requirements.
20(Source: P.A. 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09.)
 
21    (20 ILCS 3855/1-15)
22    Sec. 1-15. Illinois Power Agency.
23    (a) For the purpose of effectuating the policy declared in
24Section 1-5 of this Act, a State agency known as the Illinois
25Power Agency is created. The Agency shall exercise governmental

 

 

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1and public powers, be perpetual in duration, and have the
2powers and duties enumerated in this Act, together with such
3others conferred upon it by law.
4    (b) The Agency is not created or organized, and its
5operations shall not be conducted, for the purpose of making a
6profit. No part of the revenues or assets of the Agency shall
7inure to the benefit of or be distributable to any of its
8employees or any other private persons, except as provided in
9this Act for actual services rendered. The Agency shall operate
10as an independent agency subject to the oversight of the
11Executive Ethics Commission.
12(Source: P.A. 95-481, eff. 8-28-07.)
 
13    (20 ILCS 3855/1-20)
14    Sec. 1-20. General powers of the Agency.
15    (a) The Agency is authorized to do each of the following:
16        (1) Develop electricity procurement plans to ensure
17    adequate, reliable, affordable, efficient, and
18    environmentally sustainable electric service at the lowest
19    total cost over time, taking into account any benefits of
20    price stability, for electric utilities that on December
21    31, 2005 provided electric service to at least 100,000
22    customers in Illinois. The procurement plans shall be
23    updated on an annual basis and shall include electricity
24    generated from renewable resources sufficient to achieve
25    the standards specified in this Act.

 

 

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1        (2) Conduct competitive procurement processes to
2    procure the supply resources identified in the procurement
3    plan, pursuant to Section 16-111.5 of the Public Utilities
4    Act.
5        (3) Develop electric generation and co-generation
6    facilities that use indigenous coal or renewable
7    resources, or both, financed with bonds issued by the
8    Illinois Finance Authority.
9        (4) Supply electricity from the Agency's facilities at
10    cost to one or more of the following: municipal electric
11    systems, governmental aggregators, or rural electric
12    cooperatives in Illinois.
13    (b) Except as otherwise limited by this Act, the Agency has
14all of the powers necessary or convenient to carry out the
15purposes and provisions of this Act, including without
16limitation, each of the following:
17        (1) To have a corporate seal, and to alter that seal at
18    pleasure, and to use it by causing it or a facsimile to be
19    affixed or impressed or reproduced in any other manner.
20        (2) To use the services of the Illinois Finance
21    Authority necessary to carry out the Agency's purposes.
22        (3) To negotiate and enter into loan agreements and
23    other agreements with the Illinois Finance Authority.
24        (4) To obtain and employ personnel and hire consultants
25    that are necessary to fulfill the Agency's purposes, and to
26    make expenditures for that purpose within the

 

 

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1    appropriations for that purpose.
2        (5) To purchase, receive, take by grant, gift, devise,
3    bequest, or otherwise, lease, or otherwise acquire, own,
4    hold, improve, employ, use, and otherwise deal in and with,
5    real or personal property whether tangible or intangible,
6    or any interest therein, within the State.
7        (6) To acquire real or personal property, whether
8    tangible or intangible, including without limitation
9    property rights, interests in property, franchises,
10    obligations, contracts, and debt and equity securities,
11    and to do so by the exercise of the power of eminent domain
12    in accordance with Section 1-21; except that any real
13    property acquired by the exercise of the power of eminent
14    domain must be located within the State.
15        (7) To sell, convey, lease, exchange, transfer,
16    abandon, or otherwise dispose of, or mortgage, pledge, or
17    create a security interest in, any of its assets,
18    properties, or any interest therein, wherever situated.
19        (8) To purchase, take, receive, subscribe for, or
20    otherwise acquire, hold, make a tender offer for, vote,
21    employ, sell, lend, lease, exchange, transfer, or
22    otherwise dispose of, mortgage, pledge, or grant a security
23    interest in, use, and otherwise deal in and with, bonds and
24    other obligations, shares, or other securities (or
25    interests therein) issued by others, whether engaged in a
26    similar or different business or activity.

 

 

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1        (9) To make and execute agreements, contracts, and
2    other instruments necessary or convenient in the exercise
3    of the powers and functions of the Agency under this Act,
4    including contracts with any person, including personal
5    service contracts, or with any local government, State
6    agency, or other entity; and all State agencies and all
7    local governments are authorized to enter into and do all
8    things necessary to perform any such agreement, contract,
9    or other instrument with the Agency. No such agreement,
10    contract, or other instrument shall exceed 40 years.
11        (10) To lend money, invest and reinvest its funds in
12    accordance with the Public Funds Investment Act, and take
13    and hold real and personal property as security for the
14    payment of funds loaned or invested.
15        (11) To borrow money at such rate or rates of interest
16    as the Agency may determine, issue its notes, bonds, or
17    other obligations to evidence that indebtedness, and
18    secure any of its obligations by mortgage or pledge of its
19    real or personal property, machinery, equipment,
20    structures, fixtures, inventories, revenues, grants, and
21    other funds as provided or any interest therein, wherever
22    situated.
23        (12) To enter into agreements with the Illinois Finance
24    Authority to issue bonds whether or not the income
25    therefrom is exempt from federal taxation.
26        (13) To procure insurance against any loss in

 

 

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1    connection with its properties or operations in such amount
2    or amounts and from such insurers, including the federal
3    government, as it may deem necessary or desirable, and to
4    pay any premiums therefor.
5        (14) To negotiate and enter into agreements with
6    trustees or receivers appointed by United States
7    bankruptcy courts or federal district courts or in other
8    proceedings involving adjustment of debts and authorize
9    proceedings involving adjustment of debts and authorize
10    legal counsel for the Agency to appear in any such
11    proceedings.
12        (15) To file a petition under Chapter 9 of Title 11 of
13    the United States Bankruptcy Code or take other similar
14    action for the adjustment of its debts.
15        (16) To enter into management agreements for the
16    operation of any of the property or facilities owned by the
17    Agency.
18        (17) To enter into an agreement to transfer and to
19    transfer any land, facilities, fixtures, or equipment of
20    the Agency to one or more municipal electric systems,
21    governmental aggregators, or rural electric agencies or
22    cooperatives, for such consideration and upon such terms as
23    the Agency may determine to be in the best interest of the
24    citizens of Illinois.
25        (18) To enter upon any lands and within any building
26    whenever in its judgment it may be necessary for the

 

 

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1    purpose of making surveys and examinations to accomplish
2    any purpose authorized by this Act.
3        (19) To maintain an office or offices at such place or
4    places in the State as it may determine.
5        (20) To request information, and to make any inquiry,
6    investigation, survey, or study that the Agency may deem
7    necessary to enable it effectively to carry out the
8    provisions of this Act.
9        (21) To accept and expend appropriations.
10        (22) To engage in any activity or operation that is
11    incidental to and in furtherance of efficient operation to
12    accomplish the Agency's purposes, including hiring
13    employees that the Director deems essential for the
14    operations of the Agency.
15        (23) To adopt, revise, amend, and repeal rules with
16    respect to its operations, properties, and facilities as
17    may be necessary or convenient to carry out the purposes of
18    this Act, subject to the provisions of the Illinois
19    Administrative Procedure Act and Sections 1-22 and 1-35 of
20    this Act.
21        (24) To establish and collect charges and fees as
22    described in this Act.
23        (25) To manage procurement of substitute natural gas
24    from a facility that meets the criteria specified in
25    subsection (a) of Section 1-58 of this Act, on terms and
26    conditions that may be approved by the Agency pursuant to

 

 

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1    subsection (d) of Section 1-58 of this Act, to support the
2    operations of State agencies and local governments that
3    agree to such terms and conditions. This procurement
4    process is not subject to the Procurement Code.
5(Source: P.A. 95-481, eff. 8-28-07; 96-784, eff. 8-28-09;
696-1000, eff. 7-2-10.)
 
7    (20 ILCS 3855/1-25)
8    Sec. 1-25. Agency subject to other laws. Unless otherwise
9stated, the Agency is subject to the provisions of all
10applicable laws, including but not limited to, each of the
11following:
12        (1) The State Records Act.
13        (2) The Illinois Procurement Code, except that the
14    Illinois Procurement Code does not apply to the hiring of
15    procurement administrators or procurement planning
16    consultants pursuant to Section 1-75 of the Illinois Power
17    Agency Act.
18        (3) The Freedom of Information Act.
19        (4) The State Property Control Act.
20        (5) (Blank). The Personnel Code.
21        (6) The State Officials and Employees Ethics Act.
22(Source: P.A. 95-481, eff. 8-28-07.)
 
23    (20 ILCS 3855/1-70)
24    Sec. 1-70. Agency officials.

 

 

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1    (a) The Agency shall have a Director who meets the
2qualifications specified in Section 5-222 of the Civil
3Administrative Code of Illinois (20 ILCS 5/5-222).
4    (b) Within the Illinois Power Agency, the Agency shall
5establish a Planning and Procurement Bureau and a Resource
6Development Bureau. Each Bureau shall report to the Director.
7    (c) The Chief of the Planning and Procurement Bureau shall
8be appointed by the Director, at the Director's sole
9discretion, and (i) shall have at least 5 10 years of direct
10experience in electricity supply planning and procurement and
11(ii) shall also hold an advanced degree in risk management,
12law, business, or a related field.
13    (d) The Chief of the Resource Development Bureau shall be
14appointed by the Director and (i) shall have at least 5 10
15years of direct experience in electric generating project
16development and (ii) shall also hold an advanced degree in
17economics, engineering, law, business, or a related field.
18    (e) The Director shall receive an annual salary of $100,000
19or as set by the Compensation Review Board, whichever is
20higher. The Bureau Chiefs shall each receive an annual salary
21of $85,000 or as set by the Compensation Review Board,
22whichever is higher.
23    (f) The Director and Bureau Chiefs shall not, for 2 years
24prior to appointment or for 2 years after he or she leaves his
25or her position, be employed by an electric utility,
26independent power producer, power marketer, or alternative

 

 

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1retail electric supplier regulated by the Commission or the
2Federal Energy Regulatory Commission.
3    (g) The Director and Bureau Chiefs are prohibited from: (i)
4owning, directly or indirectly, 5% or more of the voting
5capital stock of an electric utility, independent power
6producer, power marketer, or alternative retail electric
7supplier; (ii) being in any chain of successive ownership of 5%
8or more of the voting capital stock of any electric utility,
9independent power producer, power marketer, or alternative
10retail electric supplier; (iii) receiving any form of
11compensation, fee, payment, or other consideration from an
12electric utility, independent power producer, power marketer,
13or alternative retail electric supplier, including legal fees,
14consulting fees, bonuses, or other sums. These limitations do
15not apply to any compensation received pursuant to a defined
16benefit plan or other form of deferred compensation, provided
17that the individual has otherwise severed all ties to the
18utility, power producer, power marketer, or alternative retail
19electric supplier.
20(Source: P.A. 95-481, eff. 8-28-07.)
 
21    (20 ILCS 3855/1-75)
22    Sec. 1-75. Planning and Procurement Bureau. The Planning
23and Procurement Bureau has the following duties and
24responsibilities:
25    (a) The Planning and Procurement Bureau shall each year,

 

 

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1beginning in 2008, develop procurement plans and conduct
2competitive procurement processes in accordance with the
3requirements of Section 16-111.5 of the Public Utilities Act
4for the eligible retail customers of electric utilities that on
5December 31, 2005 provided electric service to at least 100,000
6customers in Illinois. For the purposes of this Section, the
7term "eligible retail customers" has the same definition as
8found in Section 16-111.5(a) of the Public Utilities Act.
9        (1) The Agency shall each year, beginning in 2008, as
10    needed, issue a request for qualifications for experts or
11    expert consulting firms to develop the procurement plans in
12    accordance with Section 16-111.5 of the Public Utilities
13    Act. In order to qualify an expert or expert consulting
14    firm must have:
15            (A) direct previous experience assembling
16        large-scale power supply plans or portfolios for
17        end-use customers;
18            (B) an advanced degree in economics, mathematics,
19        engineering, risk management, or a related area of
20        study;
21            (C) 10 years of experience in the electricity
22        sector, including managing supply risk;
23            (D) expertise in wholesale electricity market
24        rules, including those established by the Federal
25        Energy Regulatory Commission and regional transmission
26        organizations;

 

 

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1            (E) expertise in credit protocols and familiarity
2        with contract protocols;
3            (F) adequate resources to perform and fulfill the
4        required functions and responsibilities; and
5            (G) the absence of a conflict of interest and
6        inappropriate bias for or against potential bidders or
7        the affected electric utilities.
8        (2) The Agency shall each year, as needed, issue a
9    request for qualifications for a procurement administrator
10    to conduct the competitive procurement processes in
11    accordance with Section 16-111.5 of the Public Utilities
12    Act. In order to qualify an expert or expert consulting
13    firm must have:
14            (A) direct previous experience administering a
15        large-scale competitive procurement process;
16            (B) an advanced degree in economics, mathematics,
17        engineering, or a related area of study;
18            (C) 10 years of experience in the electricity
19        sector, including risk management experience;
20            (D) expertise in wholesale electricity market
21        rules, including those established by the Federal
22        Energy Regulatory Commission and regional transmission
23        organizations;
24            (E) expertise in credit and contract protocols;
25            (F) adequate resources to perform and fulfill the
26        required functions and responsibilities; and

 

 

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1            (G) the absence of a conflict of interest and
2        inappropriate bias for or against potential bidders or
3        the affected electric utilities.
4        (3) The Agency shall provide affected utilities and
5    other interested parties with the lists of qualified
6    experts or expert consulting firms identified through the
7    request for qualifications processes that are under
8    consideration to develop the procurement plans and to serve
9    as the procurement administrator. The Agency shall also
10    provide each qualified expert's or expert consulting
11    firm's response to the request for qualifications. All
12    information provided under this subparagraph shall also be
13    provided to the Commission. The Agency may provide by rule
14    for fees associated with supplying the information to
15    utilities and other interested parties. These parties
16    shall, within 5 business days, notify the Agency in writing
17    if they object to any experts or expert consulting firms on
18    the lists. Objections shall be based on:
19            (A) failure to satisfy qualification criteria;
20            (B) identification of a conflict of interest; or
21            (C) evidence of inappropriate bias for or against
22        potential bidders or the affected utilities.
23        The Agency shall remove experts or expert consulting
24    firms from the lists within 10 days if there is a
25    reasonable basis for an objection and provide the updated
26    lists to the affected utilities and other interested

 

 

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1    parties. If the Agency fails to remove an expert or expert
2    consulting firm from a list, an objecting party may seek
3    review by the Commission within 5 days thereafter by filing
4    a petition, and the Commission shall render a ruling on the
5    petition within 10 days. There is no right of appeal of the
6    Commission's ruling.
7        (4) The Agency shall issue requests for proposals to
8    the qualified experts or expert consulting firms to develop
9    a procurement plan for the affected utilities and to serve
10    as procurement administrator.
11        (5) The Agency shall select an expert or expert
12    consulting firm to develop procurement plans based on the
13    proposals submitted and shall award one-year contracts of
14    up to 5 years to those selected with an option for the
15    Agency for a one-year renewal.
16        (6) The Agency shall select an expert or expert
17    consulting firm, with approval of the Commission, to serve
18    as procurement administrator based on the proposals
19    submitted. If the Commission rejects, within 5 days, the
20    Agency's selection, the Agency shall submit another
21    recommendation within 3 days based on the proposals
22    submitted. The Agency shall award a 5-year one-year
23    contract to the expert or expert consulting firm so
24    selected with Commission approval with an option for the
25    Agency for a one-year renewal.
26    (b) The experts or expert consulting firms retained by the

 

 

09700SB2062ham004- 37 -LRB097 10263 ASK 56642 a

1Agency shall, as appropriate, prepare procurement plans, and
2conduct a competitive procurement process as prescribed in
3Section 16-111.5 of the Public Utilities Act, to ensure
4adequate, reliable, affordable, efficient, and environmentally
5sustainable electric service at the lowest total cost over
6time, taking into account any benefits of price stability, for
7eligible retail customers of electric utilities that on
8December 31, 2005 provided electric service to at least 100,000
9customers in the State of Illinois.
10    (c) Renewable portfolio standard.
11        (1) The procurement plans shall include cost-effective
12    renewable energy resources. A minimum percentage of each
13    utility's total supply to serve the load of eligible retail
14    customers, as defined in Section 16-111.5(a) of the Public
15    Utilities Act, procured for each of the following years
16    shall be generated from cost-effective renewable energy
17    resources: at least 2% by June 1, 2008; at least 4% by June
18    1, 2009; at least 5% by June 1, 2010; at least 6% by June 1,
19    2011; at least 7% by June 1, 2012; at least 8% by June 1,
20    2013; at least 9% by June 1, 2014; at least 10% by June 1,
21    2015; and increasing by at least 1.5% each year thereafter
22    to at least 25% by June 1, 2025. To the extent that it is
23    available, at least 75% of the renewable energy resources
24    used to meet these standards shall come from wind
25    generation and, beginning on June 1, 2011, at least the
26    following percentages of the renewable energy resources

 

 

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1    used to meet these standards shall come from photovoltaics
2    on the following schedule: 0.5% by June 1, 2012, 1.5% by
3    June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and
4    thereafter.
5         For purposes of this subsection (c), "cost-effective"
6    means that the costs of procuring renewable energy
7    resources do not cause the limit stated in paragraph (2) of
8    this subsection (c) to be exceeded and do not exceed
9    benchmarks based on market prices for renewable energy
10    resources in the region, which shall be developed by the
11    procurement administrator, in consultation with the
12    Commission staff, Agency staff, and the procurement
13    monitor and shall be subject to Commission review and
14    approval.
15        (2) For purposes of this subsection (c), the required
16    procurement of cost-effective renewable energy resources
17    for a particular year shall be measured as a percentage of
18    the actual amount of electricity (megawatt-hours) supplied
19    by the electric utility to eligible retail customers in the
20    planning year ending immediately prior to the procurement.
21    For purposes of this subsection (c), the amount paid per
22    kilowatthour means the total amount paid for electric
23    service expressed on a per kilowatthour basis. For purposes
24    of this subsection (c), the total amount paid for electric
25    service includes without limitation amounts paid for
26    supply, transmission, distribution, surcharges, and add-on

 

 

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1    taxes.
2        Notwithstanding the requirements of this subsection
3    (c), the total of renewable energy resources procured
4    pursuant to the procurement plan for any single year shall
5    be reduced by an amount necessary to limit the annual
6    estimated average net increase due to the costs of these
7    resources included in the amounts paid by eligible retail
8    customers in connection with electric service to:
9            (A) in 2008, no more than 0.5% of the amount paid
10        per kilowatthour by those customers during the year
11        ending May 31, 2007;
12            (B) in 2009, the greater of an additional 0.5% of
13        the amount paid per kilowatthour by those customers
14        during the year ending May 31, 2008 or 1% of the amount
15        paid per kilowatthour by those customers during the
16        year ending May 31, 2007;
17            (C) in 2010, the greater of an additional 0.5% of
18        the amount paid per kilowatthour by those customers
19        during the year ending May 31, 2009 or 1.5% of the
20        amount paid per kilowatthour by those customers during
21        the year ending May 31, 2007;
22            (D) in 2011, the greater of an additional 0.5% of
23        the amount paid per kilowatthour by those customers
24        during the year ending May 31, 2010 or 2% of the amount
25        paid per kilowatthour by those customers during the
26        year ending May 31, 2007; and

 

 

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1            (E) thereafter, the amount of renewable energy
2        resources procured pursuant to the procurement plan
3        for any single year shall be reduced by an amount
4        necessary to limit the estimated average net increase
5        due to the cost of these resources included in the
6        amounts paid by eligible retail customers in
7        connection with electric service to no more than the
8        greater of 2.015% of the amount paid per kilowatthour
9        by those customers during the year ending May 31, 2007
10        or the incremental amount per kilowatthour paid for
11        these resources in 2011.
12            No later than June 30, 2011, the Commission shall
13        review the limitation on the amount of renewable energy
14        resources procured pursuant to this subsection (c) and
15        report to the General Assembly its findings as to
16        whether that limitation unduly constrains the
17        procurement of cost-effective renewable energy
18        resources.
19        (3) Through June 1, 2011, renewable energy resources
20    shall be counted for the purpose of meeting the renewable
21    energy standards set forth in paragraph (1) of this
22    subsection (c) only if they are generated from facilities
23    located in the State, provided that cost-effective
24    renewable energy resources are available from those
25    facilities. If those cost-effective resources are not
26    available in Illinois, they shall be procured in states

 

 

09700SB2062ham004- 41 -LRB097 10263 ASK 56642 a

1    that adjoin Illinois and may be counted towards compliance.
2    If those cost-effective resources are not available in
3    Illinois or in states that adjoin Illinois, they shall be
4    purchased elsewhere and shall be counted towards
5    compliance. After June 1, 2011, cost-effective renewable
6    energy resources located in Illinois and in states that
7    adjoin Illinois may be counted towards compliance with the
8    standards set forth in paragraph (1) of this subsection
9    (c). If those cost-effective resources are not available in
10    Illinois or in states that adjoin Illinois, they shall be
11    purchased elsewhere and shall be counted towards
12    compliance.
13        (4) The electric utility shall retire all renewable
14    energy credits used to comply with the standard.
15        (5) Beginning with the year commencing June 1, 2010, an
16    electric utility subject to this subsection (c) shall apply
17    the lesser of the maximum alternative compliance payment
18    rate or the most recent estimated alternative compliance
19    payment rate for its service territory for the
20    corresponding compliance period, established pursuant to
21    subsection (d) of Section 16-115D of the Public Utilities
22    Act to its retail customers that take service pursuant to
23    the electric utility's hourly pricing tariff or tariffs.
24    The electric utility shall retain all amounts collected as
25    a result of the application of the alternative compliance
26    payment rate or rates to such customers, and, beginning in

 

 

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1    2011, the utility shall include in the information provided
2    under item (1) of subsection (d) of Section 16-111.5 of the
3    Public Utilities Act the amounts collected under the
4    alternative compliance payment rate or rates for the prior
5    year ending May 31. Notwithstanding any limitation on the
6    procurement of renewable energy resources imposed by item
7    (2) of this subsection (c), the Agency shall increase its
8    spending on the purchase of renewable energy resources to
9    be procured by the electric utility for the next plan year
10    by an amount equal to the amounts collected by the utility
11    under the alternative compliance payment rate or rates in
12    the prior year ending May 31.
13    (d) Clean coal portfolio standard.
14        (1) The procurement plans shall include electricity
15    generated using clean coal. Each utility shall enter into
16    one or more sourcing agreements with the initial clean coal
17    facility, as provided in paragraph (3) of this subsection
18    (d), covering electricity generated by the initial clean
19    coal facility representing at least 5% of each utility's
20    total supply to serve the load of eligible retail customers
21    in 2015 and each year thereafter, as described in paragraph
22    (3) of this subsection (d), subject to the limits specified
23    in paragraph (2) of this subsection (d). It is the goal of
24    the State that by January 1, 2025, 25% of the electricity
25    used in the State shall be generated by cost-effective
26    clean coal facilities. For purposes of this subsection (d),

 

 

09700SB2062ham004- 43 -LRB097 10263 ASK 56642 a

1    "cost-effective" means that the expenditures pursuant to
2    such sourcing agreements do not cause the limit stated in
3    paragraph (2) of this subsection (d) to be exceeded and do
4    not exceed cost-based benchmarks, which shall be developed
5    to assess all expenditures pursuant to such sourcing
6    agreements covering electricity generated by clean coal
7    facilities, other than the initial clean coal facility, by
8    the procurement administrator, in consultation with the
9    Commission staff, Agency staff, and the procurement
10    monitor and shall be subject to Commission review and
11    approval.
12        (A) A utility party to a sourcing agreement shall
13    immediately retire any emission credits that it receives in
14    connection with the electricity covered by such agreement.
15        (B) Utilities shall maintain adequate records
16    documenting the purchases under the sourcing agreement to
17    comply with this subsection (d) and shall file an
18    accounting with the load forecast that must be filed with
19    the Agency by July 15 of each year, in accordance with
20    subsection (d) of Section 16-111.5 of the Public Utilities
21    Act.
22        (C) A utility shall be deemed to have complied with the
23    clean coal portfolio standard specified in this subsection
24    (d) if the utility enters into a sourcing agreement as
25    required by this subsection (d).
26        (2) For purposes of this subsection (d), the required

 

 

09700SB2062ham004- 44 -LRB097 10263 ASK 56642 a

1    execution of sourcing agreements with the initial clean
2    coal facility for a particular year shall be measured as a
3    percentage of the actual amount of electricity
4    (megawatt-hours) supplied by the electric utility to
5    eligible retail customers in the planning year ending
6    immediately prior to the agreement's execution. For
7    purposes of this subsection (d), the amount paid per
8    kilowatthour means the total amount paid for electric
9    service expressed on a per kilowatthour basis. For purposes
10    of this subsection (d), the total amount paid for electric
11    service includes without limitation amounts paid for
12    supply, transmission, distribution, surcharges and add-on
13    taxes.
14        Notwithstanding the requirements of this subsection
15    (d), the total amount paid under sourcing agreements with
16    clean coal facilities pursuant to the procurement plan for
17    any given year shall be reduced by an amount necessary to
18    limit the annual estimated average net increase due to the
19    costs of these resources included in the amounts paid by
20    eligible retail customers in connection with electric
21    service to:
22            (A) in 2010, no more than 0.5% of the amount paid
23        per kilowatthour by those customers during the year
24        ending May 31, 2009;
25            (B) in 2011, the greater of an additional 0.5% of
26        the amount paid per kilowatthour by those customers

 

 

09700SB2062ham004- 45 -LRB097 10263 ASK 56642 a

1        during the year ending May 31, 2010 or 1% of the amount
2        paid per kilowatthour by those customers during the
3        year ending May 31, 2009;
4            (C) in 2012, the greater of an additional 0.5% of
5        the amount paid per kilowatthour by those customers
6        during the year ending May 31, 2011 or 1.5% of the
7        amount paid per kilowatthour by those customers during
8        the year ending May 31, 2009;
9            (D) in 2013, the greater of an additional 0.5% of
10        the amount paid per kilowatthour by those customers
11        during the year ending May 31, 2012 or 2% of the amount
12        paid per kilowatthour by those customers during the
13        year ending May 31, 2009; and
14            (E) thereafter, the total amount paid under
15        sourcing agreements with clean coal facilities
16        pursuant to the procurement plan for any single year
17        shall be reduced by an amount necessary to limit the
18        estimated average net increase due to the cost of these
19        resources included in the amounts paid by eligible
20        retail customers in connection with electric service
21        to no more than the greater of (i) 2.015% of the amount
22        paid per kilowatthour by those customers during the
23        year ending May 31, 2009 or (ii) the incremental amount
24        per kilowatthour paid for these resources in 2013.
25        These requirements may be altered only as provided by
26        statute.

 

 

09700SB2062ham004- 46 -LRB097 10263 ASK 56642 a

1        No later than June 30, 2015, the Commission shall
2    review the limitation on the total amount paid under
3    sourcing agreements, if any, with clean coal facilities
4    pursuant to this subsection (d) and report to the General
5    Assembly its findings as to whether that limitation unduly
6    constrains the amount of electricity generated by
7    cost-effective clean coal facilities that is covered by
8    sourcing agreements.
9        (3) Initial clean coal facility. In order to promote
10    development of clean coal facilities in Illinois, each
11    electric utility subject to this Section shall execute a
12    sourcing agreement to source electricity from a proposed
13    clean coal facility in Illinois (the "initial clean coal
14    facility") that will have a nameplate capacity of at least
15    500 MW when commercial operation commences, that has a
16    final Clean Air Act permit on the effective date of this
17    amendatory Act of the 95th General Assembly, and that will
18    meet the definition of clean coal facility in Section 1-10
19    of this Act when commercial operation commences. The
20    sourcing agreements with this initial clean coal facility
21    shall be subject to both approval of the initial clean coal
22    facility by the General Assembly and satisfaction of the
23    requirements of paragraph (4) of this subsection (d) and
24    shall be executed within 90 days after any such approval by
25    the General Assembly. The Agency and the Commission shall
26    have authority to inspect all books and records associated

 

 

09700SB2062ham004- 47 -LRB097 10263 ASK 56642 a

1    with the initial clean coal facility during the term of
2    such a sourcing agreement. A utility's sourcing agreement
3    for electricity produced by the initial clean coal facility
4    shall include:
5            (A) a formula contractual price (the "contract
6        price") approved pursuant to paragraph (4) of this
7        subsection (d), which shall:
8                (i) be determined using a cost of service
9            methodology employing either a level or deferred
10            capital recovery component, based on a capital
11            structure consisting of 45% equity and 55% debt,
12            and a return on equity as may be approved by the
13            Federal Energy Regulatory Commission, which in any
14            case may not exceed the lower of 11.5% or the rate
15            of return approved by the General Assembly
16            pursuant to paragraph (4) of this subsection (d);
17            and
18                (ii) provide that all miscellaneous net
19            revenue, including but not limited to net revenue
20            from the sale of emission allowances, if any,
21            substitute natural gas, if any, grants or other
22            support provided by the State of Illinois or the
23            United States Government, firm transmission
24            rights, if any, by-products produced by the
25            facility, energy or capacity derived from the
26            facility and not covered by a sourcing agreement

 

 

09700SB2062ham004- 48 -LRB097 10263 ASK 56642 a

1            pursuant to paragraph (3) of this subsection (d) or
2            item (5) of subsection (d) of Section 16-115 of the
3            Public Utilities Act, whether generated from the
4            synthesis gas derived from coal, from SNG, or from
5            natural gas, shall be credited against the revenue
6            requirement for this initial clean coal facility;
7            (B) power purchase provisions, which shall:
8                (i) provide that the utility party to such
9            sourcing agreement shall pay the contract price
10            for electricity delivered under such sourcing
11            agreement;
12                (ii) require delivery of electricity to the
13            regional transmission organization market of the
14            utility that is party to such sourcing agreement;
15                (iii) require the utility party to such
16            sourcing agreement to buy from the initial clean
17            coal facility in each hour an amount of energy
18            equal to all clean coal energy made available from
19            the initial clean coal facility during such hour
20            times a fraction, the numerator of which is such
21            utility's retail market sales of electricity
22            (expressed in kilowatthours sold) in the State
23            during the prior calendar month and the
24            denominator of which is the total retail market
25            sales of electricity (expressed in kilowatthours
26            sold) in the State by utilities during such prior

 

 

09700SB2062ham004- 49 -LRB097 10263 ASK 56642 a

1            month and the sales of electricity (expressed in
2            kilowatthours sold) in the State by alternative
3            retail electric suppliers during such prior month
4            that are subject to the requirements of this
5            subsection (d) and paragraph (5) of subsection (d)
6            of Section 16-115 of the Public Utilities Act,
7            provided that the amount purchased by the utility
8            in any year will be limited by paragraph (2) of
9            this subsection (d); and
10                (iv) be considered pre-existing contracts in
11            such utility's procurement plans for eligible
12            retail customers;
13            (C) contract for differences provisions, which
14        shall:
15                (i) require the utility party to such sourcing
16            agreement to contract with the initial clean coal
17            facility in each hour with respect to an amount of
18            energy equal to all clean coal energy made
19            available from the initial clean coal facility
20            during such hour times a fraction, the numerator of
21            which is such utility's retail market sales of
22            electricity (expressed in kilowatthours sold) in
23            the utility's service territory in the State
24            during the prior calendar month and the
25            denominator of which is the total retail market
26            sales of electricity (expressed in kilowatthours

 

 

09700SB2062ham004- 50 -LRB097 10263 ASK 56642 a

1            sold) in the State by utilities during such prior
2            month and the sales of electricity (expressed in
3            kilowatthours sold) in the State by alternative
4            retail electric suppliers during such prior month
5            that are subject to the requirements of this
6            subsection (d) and paragraph (5) of subsection (d)
7            of Section 16-115 of the Public Utilities Act,
8            provided that the amount paid by the utility in any
9            year will be limited by paragraph (2) of this
10            subsection (d);
11                (ii) provide that the utility's payment
12            obligation in respect of the quantity of
13            electricity determined pursuant to the preceding
14            clause (i) shall be limited to an amount equal to
15            (1) the difference between the contract price
16            determined pursuant to subparagraph (A) of
17            paragraph (3) of this subsection (d) and the
18            day-ahead price for electricity delivered to the
19            regional transmission organization market of the
20            utility that is party to such sourcing agreement
21            (or any successor delivery point at which such
22            utility's supply obligations are financially
23            settled on an hourly basis) (the "reference
24            price") on the day preceding the day on which the
25            electricity is delivered to the initial clean coal
26            facility busbar, multiplied by (2) the quantity of

 

 

09700SB2062ham004- 51 -LRB097 10263 ASK 56642 a

1            electricity determined pursuant to the preceding
2            clause (i); and
3                (iii) not require the utility to take physical
4            delivery of the electricity produced by the
5            facility;
6            (D) general provisions, which shall:
7                (i) specify a term of no more than 30 years,
8            commencing on the commercial operation date of the
9            facility;
10                (ii) provide that utilities shall maintain
11            adequate records documenting purchases under the
12            sourcing agreements entered into to comply with
13            this subsection (d) and shall file an accounting
14            with the load forecast that must be filed with the
15            Agency by July 15 of each year, in accordance with
16            subsection (d) of Section 16-111.5 of the Public
17            Utilities Act.
18                (iii) provide that all costs associated with
19            the initial clean coal facility will be
20            periodically reported to the Federal Energy
21            Regulatory Commission and to purchasers in
22            accordance with applicable laws governing
23            cost-based wholesale power contracts;
24                (iv) permit the Illinois Power Agency to
25            assume ownership of the initial clean coal
26            facility, without monetary consideration and

 

 

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1            otherwise on reasonable terms acceptable to the
2            Agency, if the Agency so requests no less than 3
3            years prior to the end of the stated contract term;
4                (v) require the owner of the initial clean coal
5            facility to provide documentation to the
6            Commission each year, starting in the facility's
7            first year of commercial operation, accurately
8            reporting the quantity of carbon emissions from
9            the facility that have been captured and
10            sequestered and report any quantities of carbon
11            released from the site or sites at which carbon
12            emissions were sequestered in prior years, based
13            on continuous monitoring of such sites. If, in any
14            year after the first year of commercial operation,
15            the owner of the facility fails to demonstrate that
16            the initial clean coal facility captured and
17            sequestered at least 50% of the total carbon
18            emissions that the facility would otherwise emit
19            or that sequestration of emissions from prior
20            years has failed, resulting in the release of
21            carbon dioxide into the atmosphere, the owner of
22            the facility must offset excess emissions. Any
23            such carbon offsets must be permanent, additional,
24            verifiable, real, located within the State of
25            Illinois, and legally and practicably enforceable.
26            The cost of such offsets for the facility that are

 

 

09700SB2062ham004- 53 -LRB097 10263 ASK 56642 a

1            not recoverable shall not exceed $15 million in any
2            given year. No costs of any such purchases of
3            carbon offsets may be recovered from a utility or
4            its customers. All carbon offsets purchased for
5            this purpose and any carbon emission credits
6            associated with sequestration of carbon from the
7            facility must be permanently retired. The initial
8            clean coal facility shall not forfeit its
9            designation as a clean coal facility if the
10            facility fails to fully comply with the applicable
11            carbon sequestration requirements in any given
12            year, provided the requisite offsets are
13            purchased. However, the Attorney General, on
14            behalf of the People of the State of Illinois, may
15            specifically enforce the facility's sequestration
16            requirement and the other terms of this contract
17            provision. Compliance with the sequestration
18            requirements and offset purchase requirements
19            specified in paragraph (3) of this subsection (d)
20            shall be reviewed annually by an independent
21            expert retained by the owner of the initial clean
22            coal facility, with the advance written approval
23            of the Attorney General. The Commission may, in the
24            course of the review specified in item (vii),
25            reduce the allowable return on equity for the
26            facility if the facility wilfully fails to comply

 

 

09700SB2062ham004- 54 -LRB097 10263 ASK 56642 a

1            with the carbon capture and sequestration
2            requirements set forth in this item (v);
3                (vi) include limits on, and accordingly
4            provide for modification of, the amount the
5            utility is required to source under the sourcing
6            agreement consistent with paragraph (2) of this
7            subsection (d);
8                (vii) require Commission review: (1) to
9            determine the justness, reasonableness, and
10            prudence of the inputs to the formula referenced in
11            subparagraphs (A)(i) through (A)(iii) of paragraph
12            (3) of this subsection (d), prior to an adjustment
13            in those inputs including, without limitation, the
14            capital structure and return on equity, fuel
15            costs, and other operations and maintenance costs
16            and (2) to approve the costs to be passed through
17            to customers under the sourcing agreement by which
18            the utility satisfies its statutory obligations.
19            Commission review shall occur no less than every 3
20            years, regardless of whether any adjustments have
21            been proposed, and shall be completed within 9
22            months;
23                (viii) limit the utility's obligation to such
24            amount as the utility is allowed to recover through
25            tariffs filed with the Commission, provided that
26            neither the clean coal facility nor the utility

 

 

09700SB2062ham004- 55 -LRB097 10263 ASK 56642 a

1            waives any right to assert federal pre-emption or
2            any other argument in response to a purported
3            disallowance of recovery costs;
4                (ix) limit the utility's or alternative retail
5            electric supplier's obligation to incur any
6            liability until such time as the facility is in
7            commercial operation and generating power and
8            energy and such power and energy is being delivered
9            to the facility busbar;
10                (x) provide that the owner or owners of the
11            initial clean coal facility, which is the
12            counterparty to such sourcing agreement, shall
13            have the right from time to time to elect whether
14            the obligations of the utility party thereto shall
15            be governed by the power purchase provisions or the
16            contract for differences provisions;
17                (xi) append documentation showing that the
18            formula rate and contract, insofar as they relate
19            to the power purchase provisions, have been
20            approved by the Federal Energy Regulatory
21            Commission pursuant to Section 205 of the Federal
22            Power Act;
23                (xii) provide that any changes to the terms of
24            the contract, insofar as such changes relate to the
25            power purchase provisions, are subject to review
26            under the public interest standard applied by the

 

 

09700SB2062ham004- 56 -LRB097 10263 ASK 56642 a

1            Federal Energy Regulatory Commission pursuant to
2            Sections 205 and 206 of the Federal Power Act; and
3                (xiii) conform with customary lender
4            requirements in power purchase agreements used as
5            the basis for financing non-utility generators.
6        (4) Effective date of sourcing agreements with the
7    initial clean coal facility.
8        Any proposed sourcing agreement with the initial clean
9    coal facility shall not become effective unless the
10    following reports are prepared and submitted and
11    authorizations and approvals obtained:
12            (i) Facility cost report. The owner of the initial
13        clean coal facility shall submit to the Commission, the
14        Agency, and the General Assembly a front-end
15        engineering and design study, a facility cost report,
16        method of financing (including but not limited to
17        structure and associated costs), and an operating and
18        maintenance cost quote for the facility (collectively
19        "facility cost report"), which shall be prepared in
20        accordance with the requirements of this paragraph (4)
21        of subsection (d) of this Section, and shall provide
22        the Commission and the Agency access to the work
23        papers, relied upon documents, and any other backup
24        documentation related to the facility cost report.
25            (ii) Commission report. Within 6 months following
26        receipt of the facility cost report, the Commission, in

 

 

09700SB2062ham004- 57 -LRB097 10263 ASK 56642 a

1        consultation with the Agency, shall submit a report to
2        the General Assembly setting forth its analysis of the
3        facility cost report. Such report shall include, but
4        not be limited to, a comparison of the costs associated
5        with electricity generated by the initial clean coal
6        facility to the costs associated with electricity
7        generated by other types of generation facilities, an
8        analysis of the rate impacts on residential and small
9        business customers over the life of the sourcing
10        agreements, and an analysis of the likelihood that the
11        initial clean coal facility will commence commercial
12        operation by and be delivering power to the facility's
13        busbar by 2016. To assist in the preparation of its
14        report, the Commission, in consultation with the
15        Agency, may hire one or more experts or consultants,
16        the costs of which shall be paid for by the owner of
17        the initial clean coal facility. The Commission and
18        Agency may begin the process of selecting such experts
19        or consultants prior to receipt of the facility cost
20        report.
21            (iii) General Assembly approval. The proposed
22        sourcing agreements shall not take effect unless,
23        based on the facility cost report and the Commission's
24        report, the General Assembly enacts authorizing
25        legislation approving (A) the projected price, stated
26        in cents per kilowatthour, to be charged for

 

 

09700SB2062ham004- 58 -LRB097 10263 ASK 56642 a

1        electricity generated by the initial clean coal
2        facility, (B) the projected impact on residential and
3        small business customers' bills over the life of the
4        sourcing agreements, and (C) the maximum allowable
5        return on equity for the project; and
6            (iv) Commission review. If the General Assembly
7        enacts authorizing legislation pursuant to
8        subparagraph (iii) approving a sourcing agreement, the
9        Commission shall, within 90 days of such enactment,
10        complete a review of such sourcing agreement. During
11        such time period, the Commission shall implement any
12        directive of the General Assembly, resolve any
13        disputes between the parties to the sourcing agreement
14        concerning the terms of such agreement, approve the
15        form of such agreement, and issue an order finding that
16        the sourcing agreement is prudent and reasonable.
17        The facility cost report shall be prepared as follows:
18            (A) The facility cost report shall be prepared by
19        duly licensed engineering and construction firms
20        detailing the estimated capital costs payable to one or
21        more contractors or suppliers for the engineering,
22        procurement and construction of the components
23        comprising the initial clean coal facility and the
24        estimated costs of operation and maintenance of the
25        facility. The facility cost report shall include:
26                (i) an estimate of the capital cost of the core

 

 

09700SB2062ham004- 59 -LRB097 10263 ASK 56642 a

1            plant based on one or more front end engineering
2            and design studies for the gasification island and
3            related facilities. The core plant shall include
4            all civil, structural, mechanical, electrical,
5            control, and safety systems.
6                (ii) an estimate of the capital cost of the
7            balance of the plant, including any capital costs
8            associated with sequestration of carbon dioxide
9            emissions and all interconnects and interfaces
10            required to operate the facility, such as
11            transmission of electricity, construction or
12            backfeed power supply, pipelines to transport
13            substitute natural gas or carbon dioxide, potable
14            water supply, natural gas supply, water supply,
15            water discharge, landfill, access roads, and coal
16            delivery.
17            The quoted construction costs shall be expressed
18        in nominal dollars as of the date that the quote is
19        prepared and shall include (1) capitalized financing
20        costs during construction, (2) taxes, insurance, and
21        other owner's costs, and (3) an assumed escalation in
22        materials and labor beyond the date as of which the
23        construction cost quote is expressed.
24            (B) The front end engineering and design study for
25        the gasification island and the cost study for the
26        balance of plant shall include sufficient design work

 

 

09700SB2062ham004- 60 -LRB097 10263 ASK 56642 a

1        to permit quantification of major categories of
2        materials, commodities and labor hours, and receipt of
3        quotes from vendors of major equipment required to
4        construct and operate the clean coal facility.
5            (C) The facility cost report shall also include an
6        operating and maintenance cost quote that will provide
7        the estimated cost of delivered fuel, personnel,
8        maintenance contracts, chemicals, catalysts,
9        consumables, spares, and other fixed and variable
10        operations and maintenance costs. (a) The delivered
11        fuel cost estimate will be provided by a recognized
12        third party expert or experts in the fuel and
13        transportation industries. (b) The balance of the
14        operating and maintenance cost quote, excluding
15        delivered fuel costs, will be developed based on the
16        inputs provided by duly licensed engineering and
17        construction firms performing the construction cost
18        quote, potential vendors under long-term service
19        agreements and plant operating agreements, or
20        recognized third party plant operator or operators.
21            The operating and maintenance cost quote
22        (including the cost of the front end engineering and
23        design study) shall be expressed in nominal dollars as
24        of the date that the quote is prepared and shall
25        include (1) taxes, insurance, and other owner's costs,
26        and (2) an assumed escalation in materials and labor

 

 

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1        beyond the date as of which the operating and
2        maintenance cost quote is expressed.
3            (D) The facility cost report shall also include (i)
4        an analysis of the initial clean coal facility's
5        ability to deliver power and energy into the applicable
6        regional transmission organization markets and (ii) an
7        analysis of the expected capacity factor for the
8        initial clean coal facility.
9            (E) Amounts paid to third parties unrelated to the
10        owner or owners of the initial clean coal facility to
11        prepare the core plant construction cost quote,
12        including the front end engineering and design study,
13        and the operating and maintenance cost quote will be
14        reimbursed through Coal Development Bonds.
15        (5) Re-powering and retrofitting coal-fired power
16    plants previously owned by Illinois utilities to qualify as
17    clean coal facilities. During the 2009 procurement
18    planning process and thereafter, the Agency and the
19    Commission shall consider sourcing agreements covering
20    electricity generated by power plants that were previously
21    owned by Illinois utilities and that have been or will be
22    converted into clean coal facilities, as defined by Section
23    1-10 of this Act. Pursuant to such procurement planning
24    process, the owners of such facilities may propose to the
25    Agency sourcing agreements with utilities and alternative
26    retail electric suppliers required to comply with

 

 

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1    subsection (d) of this Section and item (5) of subsection
2    (d) of Section 16-115 of the Public Utilities Act, covering
3    electricity generated by such facilities. In the case of
4    sourcing agreements that are power purchase agreements,
5    the contract price for electricity sales shall be
6    established on a cost of service basis. In the case of
7    sourcing agreements that are contracts for differences,
8    the contract price from which the reference price is
9    subtracted shall be established on a cost of service basis.
10    The Agency and the Commission may approve any such utility
11    sourcing agreements that do not exceed cost-based
12    benchmarks developed by the procurement administrator, in
13    consultation with the Commission staff, Agency staff and
14    the procurement monitor, subject to Commission review and
15    approval. The Commission shall have authority to inspect
16    all books and records associated with these clean coal
17    facilities during the term of any such contract.
18        (6) Costs incurred under this subsection (d) or
19    pursuant to a contract entered into under this subsection
20    (d) shall be deemed prudently incurred and reasonable in
21    amount and the electric utility shall be entitled to full
22    cost recovery pursuant to the tariffs filed with the
23    Commission.
24    (e) The draft procurement plans are subject to public
25comment, as required by Section 16-111.5 of the Public
26Utilities Act.

 

 

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1    (f) The Agency shall submit the final procurement plan to
2the Commission. The Agency shall revise a procurement plan if
3the Commission determines that it does not meet the standards
4set forth in Section 16-111.5 of the Public Utilities Act.
5    (g) The Agency shall assess fees to each affected utility
6to recover the costs incurred in preparation of the annual
7procurement plan for the utility.
8    (h) The Agency shall assess fees to each bidder to recover
9the costs incurred in connection with a competitive procurement
10process.
11(Source: P.A. 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09;
1296-159, eff. 8-10-09; 96-1437, eff. 8-17-10.)
 
13    Section 880. The Illinois Procurement Code is amended by
14changing Section 50-39 as follows:
 
15    (30 ILCS 500/50-39)
16    Sec. 50-39. Procurement communications reporting
17requirement.
18    (a) Any written or oral communication received by a State
19employee that imparts or requests material information or makes
20a material argument regarding potential action concerning a
21procurement matter, including, but not limited to, an
22application, a contract, or a project, shall be reported to the
23Procurement Policy Board, and, with respect to the Illinois
24Power Agency, by the initiator of the communication, and may be

 

 

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1reported also by the recipient. Any person communicating
2orally, in writing, electronically, or otherwise with the
3Director or any person employed by, or associated with, the
4Illinois Power Agency to impart, solicit, or transfer any
5information related to the content of any power procurement
6plan, the manner of conducting any power procurement process,
7the procurement of any power supply, or the method or structure
8of contracting with power suppliers must disclose to the
9Procurement Policy Board the full nature, content, and extent
10of any such communication in writing by submitting a report
11with the following information:
12        (1) The names of any party to the communication.
13        (2) The date on which the communication occurred.
14        (3) The time at which the communication occurred.
15        (4) The duration of the communication.
16        (5) The method (written, oral, etc.) of the
17    communication.
18        (6) A summary of the substantive content of the
19    communication.
20    These communications do not include the following: (i)
21statements by a person publicly made in a public forum; (ii)
22statements regarding matters of procedure and practice, such as
23format, the number of copies required, the manner of filing,
24and the status of a matter; and (iii) statements made by a
25State employee of the agency to the agency head or other
26employees of that agency or to the employees of the Executive

 

 

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1Ethics Commission. The provisions of this Section shall not
2apply to communications regarding the administration and
3implementation of an existing contract, except communications
4regarding change orders or the renewal or extension of a
5contract.
6    (b) The report required by subsection (a) shall be
7submitted monthly and include at least the following: (i) the
8date and time of each communication; (ii) the identity of each
9person from whom the written or oral communication was
10received, the individual or entity represented by that person,
11and any action the person requested or recommended; (iii) the
12identity and job title of the person to whom each communication
13was made; (iv) if a response is made, the identity and job
14title of the person making each response; (v) a detailed
15summary of the points made by each person involved in the
16communication; (vi) the duration of the communication; (vii)
17the location or locations of all persons involved in the
18communication and, if the communication occurred by telephone,
19the telephone numbers for the callers and recipients of the
20communication; and (viii) any other pertinent information.
21    (c) Additionally, when an oral communication made by a
22person required to register under the Lobbyist Registration Act
23is received by a State employee that is covered under this
24Section, all individuals who initiate or participate in the
25oral communication shall submit a written report to that State
26employee that memorializes the communication and includes, but

 

 

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1is not limited to, the items listed in subsection (b).
2    (d) The Procurement Policy Board shall make each report
3submitted pursuant to this Section available on its website
4within 7 days after its receipt of the report. The Procurement
5Policy Board may promulgate rules to ensure compliance with
6this Section.
7    (e) The reporting requirements shall also be conveyed
8through ethics training under the State Employees and Officials
9and Employees Ethics Act. An employee who knowingly and
10intentionally violates this Section shall be subject to
11suspension or discharge. The Executive Ethics Commission shall
12promulgate rules, including emergency rules, to implement this
13Section.
14    (f) This Section becomes operative on January 1, 2011.
15(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
16for the effective date of changes made by P.A. 96-795); 96-920,
17eff. 7-1-10; revised 9-27-10.)"; and
 
18on page 18, immediately below line 7, by inserting the
19following:
 
20    "Section 995. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that text
24does not accelerate or delay the taking effect of (i) the

 

 

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1changes made by this Act or (ii) provisions derived from any
2other Public Act.".