Illinois General Assembly - Full Text of SB0658
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Full Text of SB0658  96th General Assembly

SB0658ham002 96TH GENERAL ASSEMBLY

Rep. Marlow H. Colvin

Filed: 5/27/2009

 

 


 

 


 
09600SB0658ham002 LRB096 06724 MJR 27586 a

1
AMENDMENT TO SENATE BILL 658

2     AMENDMENT NO. ______. Amend Senate Bill 658, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Power Agency Act is amended by
6 changing Sections 1-10, 1-20, and 1-75 and by adding Sections
7 1-42 and 1-56 as follows:
 
8     (20 ILCS 3855/1-10)
9     (Text of Section before amendment by P.A. 95-1027)
10     Sec. 1-10. Definitions.
11     "Agency" means the Illinois Power Agency.
12     "Agency loan agreement" means any agreement pursuant to
13 which the Illinois Finance Authority agrees to loan the
14 proceeds of revenue bonds issued with respect to a project to
15 the Agency upon terms providing for loan repayment installments
16 at least sufficient to pay when due all principal of, interest

 

 

09600SB0658ham002 - 2 - LRB096 06724 MJR 27586 a

1 and premium, if any, on those revenue bonds, and providing for
2 maintenance, insurance, and other matters in respect of the
3 project.
4     "Authority" means the Illinois Finance Authority.
5     "Clean coal SNG facility" means a facility that uses a
6 gasification process to produce substitute natural gas, that
7 sequesters at least 90% of the total carbon emissions that the
8 facility would otherwise emit and that uses petroleum coke or
9 coal as a feedstock, with all such coal having a high
10 bituminous rank and greater than 1.7 pounds of sulfur per
11 million btu content.
12     "Commission" means the Illinois Commerce Commission.
13     "Costs incurred in connection with the development and
14 construction of a facility" means:
15         (1) the cost of acquisition of all real property and
16     improvements in connection therewith and equipment and
17     other property, rights, and easements acquired that are
18     deemed necessary for the operation and maintenance of the
19     facility;
20         (2) financing costs with respect to bonds, notes, and
21     other evidences of indebtedness of the Agency;
22         (3) all origination, commitment, utilization,
23     facility, placement, underwriting, syndication, credit
24     enhancement, and rating agency fees;
25         (4) engineering, design, procurement, consulting,
26     legal, accounting, title insurance, survey, appraisal,

 

 

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1     escrow, trustee, collateral agency, interest rate hedging,
2     interest rate swap, capitalized interest and other
3     financing costs, and other expenses for professional
4     services; and
5         (5) the costs of plans, specifications, site study and
6     investigation, installation, surveys, other Agency costs
7     and estimates of costs, and other expenses necessary or
8     incidental to determining the feasibility of any project,
9     together with such other expenses as may be necessary or
10     incidental to the financing, insuring, acquisition, and
11     construction of a specific project and placing that project
12     in operation.
13     "Department" means the Department of Commerce and Economic
14 Opportunity.
15     "Director" means the Director of the Illinois Power Agency.
16     "Demand-response" means measures that decrease peak
17 electricity demand or shift demand from peak to off-peak
18 periods.
19     "Energy efficiency" means measures that reduce the amount
20 of electricity required to achieve a given end use.
21     "Electric utility" has the same definition as found in
22 Section 16-102 of the Public Utilities Act.
23     "Facility" means an electric generating unit or a
24 co-generating unit that produces electricity along with
25 related equipment necessary to connect the facility to an
26 electric transmission or distribution system.

 

 

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1     "Governmental aggregator" means one or more units of local
2 government that individually or collectively procure
3 electricity to serve residential retail electrical loads
4 located within its or their jurisdiction.
5     "Local government" means a unit of local government as
6 defined in Article VII of Section 1 of the Illinois
7 Constitution.
8     "Municipality" means a city, village, or incorporated
9 town.
10     "Person" means any natural person, firm, partnership,
11 corporation, either domestic or foreign, company, association,
12 limited liability company, joint stock company, or association
13 and includes any trustee, receiver, assignee, or personal
14 representative thereof.
15     "Project" means the planning, bidding, and construction of
16 a facility.
17     "Public utility" has the same definition as found in
18 Section 3-105 of the Public Utilities Act.
19     "Real property" means any interest in land together with
20 all structures, fixtures, and improvements thereon, including
21 lands under water and riparian rights, any easements,
22 covenants, licenses, leases, rights-of-way, uses, and other
23 interests, together with any liens, judgments, mortgages, or
24 other claims or security interests related to real property.
25     "Renewable energy credit" means a tradable credit that
26 represents the environmental attributes of a certain amount of

 

 

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1 energy produced from a renewable energy resource.
2     "Renewable energy resources" includes energy and its
3 associated renewable energy credit or renewable energy credits
4 from wind, solar thermal energy, photovoltaic cells and panels,
5 biodiesel, crops and untreated and unadulterated organic waste
6 biomass, trees and tree trimmings, hydropower that does not
7 involve new construction or significant expansion of
8 hydropower dams, and other alternative sources of
9 environmentally preferable energy. For purposes of this Act,
10 landfill gas produced in the State is considered a renewable
11 energy resource. "Renewable energy resources" does not include
12 the incineration or burning of tires, garbage, general
13 household, institutional, and commercial waste, industrial
14 lunchroom or office waste, landscape waste other than trees and
15 tree trimmings, railroad crossties, utility poles, or
16 construction or demolition debris, other than untreated and
17 unadulterated waste wood.
18     "Revenue bond" means any bond, note, or other evidence of
19 indebtedness issued by the Authority, the principal and
20 interest of which is payable solely from revenues or income
21 derived from any project or activity of the Agency.
22     "Total resource cost test" or "TRC test" means a standard
23 that is met if, for an investment in energy efficiency or
24 demand-response measures, the benefit-cost ratio is greater
25 than one. The benefit-cost ratio is the ratio of the net
26 present value of the total benefits of the program to the net

 

 

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1 present value of the total costs as calculated over the
2 lifetime of the measures. A total resource cost test compares
3 the sum of avoided electric utility costs, representing the
4 benefits that accrue to the system and the participant in the
5 delivery of those efficiency measures, to the sum of all
6 incremental costs of end-use measures that are implemented due
7 to the program (including both utility and participant
8 contributions), plus costs to administer, deliver, and
9 evaluate each demand-side program, to quantify the net savings
10 obtained by substituting the demand-side program for supply
11 resources. In calculating avoided costs of power and energy
12 that an electric utility would otherwise have had to acquire,
13 reasonable estimates shall be included of financial costs
14 likely to be imposed by future regulations and legislation on
15 emissions of greenhouse gases.
16 (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09.)
 
17     (Text of Section after amendment by P.A. 95-1027)
18     Sec. 1-10. Definitions.
19     "Agency" means the Illinois Power Agency.
20     "Agency loan agreement" means any agreement pursuant to
21 which the Illinois Finance Authority agrees to loan the
22 proceeds of revenue bonds issued with respect to a project to
23 the Agency upon terms providing for loan repayment installments
24 at least sufficient to pay when due all principal of, interest
25 and premium, if any, on those revenue bonds, and providing for

 

 

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1 maintenance, insurance, and other matters in respect of the
2 project.
3     "Authority" means the Illinois Finance Authority.
4     "Clean coal facility" means an electric generating
5 facility that uses primarily coal as a feedstock and that
6 captures and sequesters carbon emissions at the following
7 levels: at least 50% of the total carbon emissions that the
8 facility would otherwise emit if, at the time construction
9 commences, the facility is scheduled to commence operation
10 before 2016, at least 70% of the total carbon emissions that
11 the facility would otherwise emit if, at the time construction
12 commences, the facility is scheduled to commence operation
13 during 2016 or 2017, and at least 90% of the total carbon
14 emissions that the facility would otherwise emit if, at the
15 time construction commences, the facility is scheduled to
16 commence operation after 2017. The power block of the clean
17 coal facility shall not exceed allowable emission rates for
18 sulfur dioxide, nitrogen oxides, carbon monoxide, particulates
19 and mercury for a natural gas-fired combined-cycle facility the
20 same size as and in the same location as the clean coal
21 facility at the time the clean coal facility obtains an
22 approved air permit. All coal used by a clean coal facility
23 shall have high volatile bituminous rank and greater than 1.7
24 pounds of sulfur per million btu content, unless the clean coal
25 facility does not use gasification technology and was operating
26 as a conventional coal-fired electric generating facility on

 

 

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1 June 1, 2009 (the effective date of Public Act 95-1027) this
2 amendatory Act of the 95th General Assembly.
3     "Clean coal SNG facility" means a facility that uses a
4 gasification process to produce substitute natural gas, that
5 sequesters at least 90% of the total carbon emissions that the
6 facility would otherwise emit and that uses petroleum coke or
7 coal as a feedstock, with all such coal having a high
8 bituminous rank and greater than 1.7 pounds of sulfur per
9 million btu content.
10     "Commission" means the Illinois Commerce Commission.
11     "Costs incurred in connection with the development and
12 construction of a facility" means:
13         (1) the cost of acquisition of all real property and
14     improvements in connection therewith and equipment and
15     other property, rights, and easements acquired that are
16     deemed necessary for the operation and maintenance of the
17     facility;
18         (2) financing costs with respect to bonds, notes, and
19     other evidences of indebtedness of the Agency;
20         (3) all origination, commitment, utilization,
21     facility, placement, underwriting, syndication, credit
22     enhancement, and rating agency fees;
23         (4) engineering, design, procurement, consulting,
24     legal, accounting, title insurance, survey, appraisal,
25     escrow, trustee, collateral agency, interest rate hedging,
26     interest rate swap, capitalized interest and other

 

 

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1     financing costs, and other expenses for professional
2     services; and
3         (5) the costs of plans, specifications, site study and
4     investigation, installation, surveys, other Agency costs
5     and estimates of costs, and other expenses necessary or
6     incidental to determining the feasibility of any project,
7     together with such other expenses as may be necessary or
8     incidental to the financing, insuring, acquisition, and
9     construction of a specific project and placing that project
10     in operation.
11     "Department" means the Department of Commerce and Economic
12 Opportunity.
13     "Director" means the Director of the Illinois Power Agency.
14     "Demand-response" means measures that decrease peak
15 electricity demand or shift demand from peak to off-peak
16 periods.
17     "Energy efficiency" means measures that reduce the amount
18 of electricity required to achieve a given end use.
19     "Electric utility" has the same definition as found in
20 Section 16-102 of the Public Utilities Act.
21     "Facility" means an electric generating unit or a
22 co-generating unit that produces electricity along with
23 related equipment necessary to connect the facility to an
24 electric transmission or distribution system.
25     "Governmental aggregator" means one or more units of local
26 government that individually or collectively procure

 

 

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1 electricity to serve residential retail electrical loads
2 located within its or their jurisdiction.
3     "Local government" means a unit of local government as
4 defined in Article VII of Section 1 of the Illinois
5 Constitution.
6     "Municipality" means a city, village, or incorporated
7 town.
8     "Person" means any natural person, firm, partnership,
9 corporation, either domestic or foreign, company, association,
10 limited liability company, joint stock company, or association
11 and includes any trustee, receiver, assignee, or personal
12 representative thereof.
13     "Project" means the planning, bidding, and construction of
14 a facility.
15     "Public utility" has the same definition as found in
16 Section 3-105 of the Public Utilities Act.
17     "Real property" means any interest in land together with
18 all structures, fixtures, and improvements thereon, including
19 lands under water and riparian rights, any easements,
20 covenants, licenses, leases, rights-of-way, uses, and other
21 interests, together with any liens, judgments, mortgages, or
22 other claims or security interests related to real property.
23     "Renewable energy credit" means a tradable credit that
24 represents the environmental attributes of a certain amount of
25 energy produced from a renewable energy resource.
26     "Renewable energy resources" includes energy and its

 

 

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1 associated renewable energy credit or renewable energy credits
2 from wind, solar thermal energy, photovoltaic cells and panels,
3 biodiesel, crops and untreated and unadulterated organic waste
4 biomass, trees and tree trimmings, hydropower that does not
5 involve new construction or significant expansion of
6 hydropower dams, and other alternative sources of
7 environmentally preferable energy. For purposes of this Act,
8 landfill gas produced in the State is considered a renewable
9 energy resource. "Renewable energy resources" does not include
10 the incineration or burning of tires, garbage, general
11 household, institutional, and commercial waste, industrial
12 lunchroom or office waste, landscape waste other than trees and
13 tree trimmings, railroad crossties, utility poles, or
14 construction or demolition debris, other than untreated and
15 unadulterated waste wood.
16     "Revenue bond" means any bond, note, or other evidence of
17 indebtedness issued by the Authority, the principal and
18 interest of which is payable solely from revenues or income
19 derived from any project or activity of the Agency.
20     "Sequester" means permanent storage of carbon dioxide by
21 injecting it into a saline aquifer, a depleted gas reservoir,
22 or an oil reservoir, directly or through an enhanced oil
23 recovery process that may involve intermediate storage in a
24 salt dome.
25     "Servicing agreement" means (i) in the case of an electric
26 utility, an agreement between the owner of a clean coal

 

 

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1 facility and such electric utility, which agreement shall have
2 terms and conditions meeting the requirements of paragraph (3)
3 of subsection (d) of Section 1-75, and (ii) in the case of an
4 alternative retail electric supplier, an agreement between the
5 owner of a clean coal facility and such alternative retail
6 electric supplier, which agreement shall have terms and
7 conditions meeting the requirements of Section 16-115(d)(5) of
8 the Public Utilities Act.
9     "Substitute natural gas" or "SNG" means a gas manufactured
10 by gasification of hydrocarbon feedstock, which is
11 substantially interchangeable in use and distribution with
12 conventional natural gas.
13     "Total resource cost test" or "TRC test" means a standard
14 that is met if, for an investment in energy efficiency or
15 demand-response measures, the benefit-cost ratio is greater
16 than one. The benefit-cost ratio is the ratio of the net
17 present value of the total benefits of the program to the net
18 present value of the total costs as calculated over the
19 lifetime of the measures. A total resource cost test compares
20 the sum of avoided electric utility costs, representing the
21 benefits that accrue to the system and the participant in the
22 delivery of those efficiency measures, to the sum of all
23 incremental costs of end-use measures that are implemented due
24 to the program (including both utility and participant
25 contributions), plus costs to administer, deliver, and
26 evaluate each demand-side program, to quantify the net savings

 

 

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1 obtained by substituting the demand-side program for supply
2 resources. In calculating avoided costs of power and energy
3 that an electric utility would otherwise have had to acquire,
4 reasonable estimates shall be included of financial costs
5 likely to be imposed by future regulations and legislation on
6 emissions of greenhouse gases.
7 (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09;
8 95-1027, eff. 6-1-09; revised 1-14-09.)
 
9     (20 ILCS 3855/1-20)
10     Sec. 1-20. General powers of the Agency.
11     (a) The Agency is authorized to do each of the following:
12         (1) Develop electricity procurement plans to ensure
13     adequate, reliable, affordable, efficient, and
14     environmentally sustainable electric service at the lowest
15     total cost over time, taking into account any benefits of
16     price stability, for electric utilities that on December
17     31, 2005 provided electric service to at least 100,000
18     customers in Illinois. The procurement plans shall be
19     updated on an annual basis and shall include electricity
20     generated from renewable resources sufficient to achieve
21     the standards specified in this Act.
22         (2) Conduct competitive procurement processes to
23     procure the supply resources identified in the procurement
24     plan, pursuant to Section 16-111.5 of the Public Utilities
25     Act.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         (20) To request information, and to make any inquiry,
2     investigation, survey, or study that the Agency may deem
3     necessary to enable it effectively to carry out the
4     provisions of this Act.
5         (21) To accept and expend appropriations.
6         (22) To engage in any activity or operation that is
7     incidental to and in furtherance of efficient operation to
8     accomplish the Agency's purposes.
9         (23) To adopt, revise, amend, and repeal rules with
10     respect to its operations, properties, and facilities as
11     may be necessary or convenient to carry out the purposes of
12     this Act, subject to the provisions of the Illinois
13     Administrative Procedure Act and Sections 1-22 and 1-35 of
14     this Act.
15         (24) To establish and collect charges and fees as
16     described in this Act.
17         (25) To procure natural gas and electricity
18     commodities, and alternate resources such as demand
19     response and energy efficiency: (i) to support the
20     operations of State Agencies; and for (ii) local
21     governments that agree to such terms and conditions
22     included in intergovernmental agreements between the
23     Agency and the local government. These procurements are not
24     subject to the Procurement Code. This item (25) is an
25     exclusive power of the Agency and not a power of the
26     Department of Central Management Services. All moneys

 

 

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1     collected from the State agencies or local governments as
2     payment for procurement pursuant to this item (25) shall be
3     deposited into the Retail Commodity Revolving Fund. The
4     Agency may also provide estimated billing to the State
5     agencies or local governments for procurements under this
6     item (25).
7         (26) To procure substitute natural gas from a facility
8     that meets the criteria specified in subsection (a) of
9     Section 1-56 of this Act, on terms and conditions that may
10     be approved by the Agency pursuant to subsection (d) of
11     Section 1-56 of this Act, to support the operations of
12     State agencies and local governments that agree to such
13     terms and conditions. These procurements are not subject to
14     the Procurement Code.
15 (Source: P.A. 95-481, eff. 8-28-07.)
 
16     (20 ILCS 3855/1-42 new)
17     Sec. 1-42. Retail Commodity Revolving Fund.
18     (a) The Retail Commodity Revolving Fund is created as a
19 special fund in the State treasury.
20     (b) The Retail Commodity Revolving Fund shall be
21 administered by the Agency for the Agency's operations as
22 specified in this Section.
23     (c) All moneys used by the Agency from the Retail Commodity
24 Revolving Fund are subject to appropriation by the General
25 Assembly.

 

 

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1     (d) The Retail Commodity Revolving Fund shall have all fees
2 and other monies received by the Illinois Power Agency in
3 payment for procuring natural gas and electricity commodities,
4 and alternative resources such as demand response and energy
5 efficiency services rendered pursuant to this Act paid into it.
6 Except as otherwise provided in this Section, the monies in
7 this fund shall be used by the Agency as reimbursement for
8 expenditures incurred in relation to procurement services
9 pursuant to item (25) of subsection (b) of Section 1-20 of this
10 Act.
 
11     (20 ILCS 3855/1-56 new)
12     Sec. 1-56. Clean coal SNG facility construction.
13     (a) It is the intention of the General Assembly to provide
14 additional long-term natural gas price stability to the State
15 and consumers by promoting the development of a clean coal SNG
16 facility that would produce a minimum annual output of 30 Bcf
17 of SNG and commence construction no later than June 1, 2013 on
18 a brownfield site in a municipality with at least one million
19 residents. The costs associated with preparing a facility cost
20 report for such a facility, which contains all of the
21 information required by subsection (b) of this Section, may be
22 paid or reimbursed pursuant to subsection (c) of this Section.
23     (b) The facility cost report for a facility that meets the
24 criteria set forth in subsection (a) of this Section shall be
25 prepared by a duly licensed engineering firm that details the

 

 

09600SB0658ham002 - 21 - LRB096 06724 MJR 27586 a

1 estimated capital costs payable to one or more contractors or
2 suppliers for the engineering, procurement, and construction
3 of the components comprising the facility and the estimated
4 costs of operation and maintenance of the facility. The report
5 must be provided to the General Assembly and the Agency on or
6 before April 30, 2010. The facility cost report shall include
7 all off the following:
8         (1) An estimate of the capital cost of the core plant
9     based on a front-end engineering and design study. The core
10     plant shall include all civil, structural, mechanical,
11     electrical, control, and safety systems. The quoted
12     construction costs shall be expressed in nominal dollars as
13     of the date that the quote is prepared and shall include:
14             (A) capitalized financing costs during
15         construction;
16             (B) taxes, insurance, and other owner's costs; and
17             (C) any assumed escalation in materials and labor
18         beyond the date as of which the construction cost quote
19         is expressed;
20         (2) An estimate of the capital cost of the balance of
21     the plant, including any capital costs associated with site
22     preparation and remediation, sequestration of carbon
23     dioxide emissions, and all interconnects and interfaces
24     required to operate the facility, such as construction or
25     backfeed power supply, pipelines to transport substitute
26     natural gas or carbon dioxide, potable water supply,

 

 

09600SB0658ham002 - 22 - LRB096 06724 MJR 27586 a

1     natural gas supply, water supply, water discharge,
2     landfill, access roads, and coal delivery. The front-end
3     engineering and design study and the cost study for the
4     balance of the plant shall include sufficient design work
5     to permit quantification of major categories of materials,
6     commodities and labor hours, and receipt of quotes from
7     vendors of major equipment required to construct and
8     operate the facility.
9         (3) An operating and maintenance cost quote that will
10     provide the estimated cost of delivered fuel, personnel,
11     maintenance contracts, chemicals, catalysts, consumables,
12     spares, and other fixed and variable operating and
13     maintenance costs. This quote is subject to the following
14     requirements:
15             (A) The delivered fuel cost estimate shall be
16         provided by a recognized third party expert or experts
17         in the fuel and transportation industries.
18             (B) The balance of the operating and maintenance
19         cost quote, excluding delivered fuel costs shall be
20         developed based on the inputs provided by a duly
21         licensed engineering firm performing the construction
22         cost quote, potential vendors under long-term service
23         agreements and plant operating agreements, or
24         recognized third-party plant operator or operators.
25         The operating and maintenance cost quote shall be
26     expressed in nominal dollars as of the date that the quote

 

 

09600SB0658ham002 - 23 - LRB096 06724 MJR 27586 a

1     is prepared and shall include (i) taxes, insurance, and
2     other owner's costs and (ii) any assumed escalation in
3     materials and labor beyond the date as of which the
4     operating and maintenance cost quote is expressed.
5     (c) Reasonable amounts paid or due to be paid by the owner
6 or owners of the clean coal SNG facility to third parties
7 unrelated to the owner or owners to prepare the facility cost
8 report may be reimbursed or paid up to $10 million, through
9 funding authorized pursuant to 20 ILCS 3501/825-65.
10     (d) The Agency shall review the facility report and based
11 on that report, consider whether to enter into long term
12 contracts to purchase SNG from the facility pursuant to Section
13 1-20 of this Act. To assist with its evaluation of the report,
14 the Agency may hire one or more experts or consultants, the
15 reasonable costs of which, not to exceed $250,000, shall be
16 paid for by the owner or owners of the clean coal SNG facility
17 submitting the facility cost report. The Agency may begin the
18 process of selecting such experts or consultants prior to
19 receipt of the facility cost report.
 
20     (20 ILCS 3855/1-75)
21     (Text of Section before amendment by P.A. 95-1027)
22     Sec. 1-75. Planning and Procurement Bureau. The Planning
23 and Procurement Bureau has the following duties and
24 responsibilities:
25         (a) The Planning and Procurement Bureau shall each

 

 

09600SB0658ham002 - 24 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 25 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 26 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 27 - LRB096 06724 MJR 27586 a

1                 (C) evidence of inappropriate bias for or
2             against potential bidders or the affected
3             utilities.
4             The Agency shall remove experts or expert
5         consulting firms from the lists within 10 days if there
6         is a reasonable basis for an objection and provide the
7         updated lists to the affected utilities and other
8         interested parties. If the Agency fails to remove an
9         expert or expert consulting firm from a list, an
10         objecting party may seek review by the Commission
11         within 5 days thereafter by filing a petition, and the
12         Commission shall render a ruling on the petition within
13         10 days. There is no right of appeal of the
14         Commission's ruling.
15             (4) The Agency shall issue requests for proposals
16         to the qualified experts or expert consulting firms to
17         develop a procurement plan for the affected utilities
18         and to serve as procurement administrator.
19             (5) The Agency shall select an expert or expert
20         consulting firm to develop procurement plans based on
21         the proposals submitted and shall award one-year
22         contracts to those selected with an option for the
23         Agency for a one-year renewal.
24             (6) The Agency shall select an expert or expert
25         consulting firm, with approval of the Commission, to
26         serve as procurement administrator based on the

 

 

09600SB0658ham002 - 28 - LRB096 06724 MJR 27586 a

1         proposals submitted. If the Commission rejects, within
2         5 days, the Agency's selection, the Agency shall submit
3         another recommendation within 3 days based on the
4         proposals submitted. The Agency shall award a one-year
5         contract to the expert or expert consulting firm so
6         selected with Commission approval with an option for
7         the Agency for a one-year renewal.
8         (b) The experts or expert consulting firms retained by
9     the Agency shall, as appropriate, prepare procurement
10     plans, and conduct a competitive procurement process as
11     prescribed in Section 16-111.5 of the Public Utilities Act,
12     to ensure adequate, reliable, affordable, efficient, and
13     environmentally sustainable electric service at the lowest
14     total cost over time, taking into account any benefits of
15     price stability, for eligible retail customers of electric
16     utilities that on December 31, 2005 provided electric
17     service to at least 100,000 customers in the State of
18     Illinois.
19         (c) Renewable portfolio standard.
20             (1) The procurement plans shall include
21         cost-effective renewable energy resources. A minimum
22         percentage of each utility's total supply to serve the
23         load of eligible retail customers, as defined in
24         Section 16-111.5(a) of the Public Utilities Act,
25         procured for each of the following years shall be
26         generated from cost-effective renewable energy

 

 

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1         resources: at least 2% by June 1, 2008; at least 4% by
2         June 1, 2009; at least 5% by June 1, 2010; at least 6%
3         by June 1, 2011; at least 7% by June 1, 2012; at least
4         8% by June 1, 2013; at least 9% by June 1, 2014; at
5         least 10% by June 1, 2015; and increasing by at least
6         1.5% each year thereafter to at least 25% by June 1,
7         2025. To the extent that it is available, at least 75%
8         of the renewable energy resources used to meet these
9         standards shall come from wind generation. For
10         purposes of this Section, "cost-effective" means that
11         the costs of procuring renewable energy resources do
12         not cause the limit stated in paragraph (2) of this
13         subsection (c) to be exceeded.
14             (2) For purposes of this subsection (c), the
15         required procurement of cost-effective renewable
16         energy resources for a particular year shall be
17         measured as a percentage of the actual amount of
18         electricity (megawatt-hours) supplied by the electric
19         utility to eligible retail customers in the planning
20         year ending immediately prior to the procurement. For
21         purposes of this subsection (c), the amount per
22         kilowatthour means the total amount paid for electric
23         service expressed on a per kilowatthour basis. For
24         purposes of this subsection (c), the total amount paid
25         for electric service includes without limitation
26         amounts paid for supply, transmission, distribution,

 

 

09600SB0658ham002 - 30 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 31 - LRB096 06724 MJR 27586 a

1             customers during the year ending May 31, 2007; and
2                 (E) thereafter, the amount of renewable energy
3             resources procured pursuant to the procurement
4             plan for any single year shall be reduced by an
5             amount necessary to limit the estimated average
6             net increase due to the cost of these resources
7             included in the amounts paid by eligible retail
8             customers in connection with electric service to
9             no more than the greater of 2.015% of the amount
10             paid per kilowatthour by those customers during
11             the year ending May 31, 2007 or the incremental
12             amount per kilowatthour paid for these resources
13             in 2011.
14             No later than June 30, 2011, the Commission shall
15         review the limitation on the amount of renewable energy
16         resources procured pursuant to this subsection (c) and
17         report to the General Assembly its findings as to
18         whether that limitation unduly constrains the
19         procurement of cost-effective renewable energy
20         resources.
21             (3) Through June 1, 2011, renewable energy
22         resources shall be counted for the purpose of meeting
23         the renewable energy standards set forth in paragraph
24         (1) of this subsection (c) only if they are generated
25         from facilities located in the State, provided that
26         cost-effective renewable energy resources are

 

 

09600SB0658ham002 - 32 - LRB096 06724 MJR 27586 a

1         available from those facilities. If those
2         cost-effective resources are not available in
3         Illinois, they shall be procured in states that adjoin
4         Illinois and may be counted towards compliance. If
5         those cost-effective resources are not available in
6         Illinois or in states that adjoin Illinois, they shall
7         be purchased elsewhere and shall be counted towards
8         compliance. After June 1, 2011, cost-effective
9         renewable energy resources located in Illinois and in
10         states that adjoin Illinois may be counted towards
11         compliance with the standards set forth in paragraph
12         (1) of this subsection (c). If those cost-effective
13         resources are not available in Illinois or in states
14         that adjoin Illinois, they shall be purchased
15         elsewhere and shall be counted towards compliance.
16             (4) The electric utility shall retire all
17         renewable energy credits used to comply with the
18         standard.
19         (d) The draft procurement plans are subject to public
20     comment, as required by Section 16-111.5 of the Public
21     Utilities Act.
22         (e) The Agency shall submit the final procurement plan
23     to the Commission. The Agency shall revise a procurement
24     plan if the Commission determines that it does not meet the
25     standards set forth in Section 16-111.5 of the Public
26     Utilities Act.

 

 

09600SB0658ham002 - 33 - LRB096 06724 MJR 27586 a

1         (f) The Agency shall assess fees to each affected
2     utility to recover the costs incurred in preparation of the
3     annual procurement plan for the utility.
4         (g) The Agency shall assess fees to each bidder to
5     recover the costs incurred in connection with a competitive
6     procurement process.
7         (i) Except in cases where the Agency or the Commission
8     has solicited written or oral comment, firms, including,
9     their representatives and trade associations, that are
10     eligible to bid in Agency procurements must not communicate
11     with the Agency or any consultants retained by the Agency
12     on nonprocedural issues.
13 (Source: P.A. 95-481, eff. 8-28-07.)
 
14     (Text of Section after amendment by P.A. 95-1027)
15     Sec. 1-75. Planning and Procurement Bureau. The Planning
16 and Procurement Bureau has the following duties and
17 responsibilities:
18         (a) The Planning and Procurement Bureau shall each
19     year, beginning in 2008, develop procurement plans and
20     conduct competitive procurement processes in accordance
21     with the requirements of Section 16-111.5 of the Public
22     Utilities Act for the eligible retail customers of electric
23     utilities that on December 31, 2005 provided electric
24     service to at least 100,000 customers in Illinois. For the
25     purposes of this Section, the term "eligible retail

 

 

09600SB0658ham002 - 34 - LRB096 06724 MJR 27586 a

1     customers" has the same definition as found in Section
2     16-111.5(a) of the Public Utilities Act.
3             (1) The Agency shall each year, beginning in 2008,
4         as needed, issue a request for qualifications for
5         experts or expert consulting firms to develop the
6         procurement plans in accordance with Section 16-111.5
7         of the Public Utilities Act. In order to qualify an
8         expert or expert consulting firm must have:
9                 (A) direct previous experience assembling
10             large-scale power supply plans or portfolios for
11             end-use customers;
12                 (B) an advanced degree in economics,
13             mathematics, engineering, risk management, or a
14             related area of study;
15                 (C) 10 years of experience in the electricity
16             sector, including managing supply risk;
17                 (D) expertise in wholesale electricity market
18             rules, including those established by the Federal
19             Energy Regulatory Commission and regional
20             transmission organizations;
21                 (E) expertise in credit protocols and
22             familiarity with contract protocols;
23                 (F) adequate resources to perform and fulfill
24             the required functions and responsibilities; and
25                 (G) the absence of a conflict of interest and
26             inappropriate bias for or against potential

 

 

09600SB0658ham002 - 35 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 36 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 37 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 38 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 39 - LRB096 06724 MJR 27586 a

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

 

 

09600SB0658ham002 - 40 - LRB096 06724 MJR 27586 a

1             Notwithstanding the requirements of this
2         subsection (c), the total of renewable energy
3         resources procured pursuant to the procurement plan
4         for any single year shall be reduced by an amount
5         necessary to limit the annual estimated average net
6         increase due to the costs of these resources included
7         in the amounts paid by eligible retail customers in
8         connection with electric service to:
9                 (A) in 2008, no more than 0.5% of the amount
10             paid per kilowatthour by those customers during
11             the year ending May 31, 2007;
12                 (B) in 2009, the greater of an additional 0.5%
13             of the amount paid per kilowatthour by those
14             customers during the year ending May 31, 2008 or 1%
15             of the amount paid per kilowatthour by those
16             customers during the year ending May 31, 2007;
17                 (C) in 2010, the greater of an additional 0.5%
18             of the amount paid per kilowatthour by those
19             customers during the year ending May 31, 2009 or
20             1.5% of the amount paid per kilowatthour by those
21             customers during the year ending May 31, 2007;
22                 (D) in 2011, the greater of an additional 0.5%
23             of the amount paid per kilowatthour by those
24             customers during the year ending May 31, 2010 or 2%
25             of the amount paid per kilowatthour by those
26             customers during the 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
3             plan for any single year shall be reduced by an
4             amount necessary to limit the estimated average
5             net increase due to the cost of these resources
6             included in the amounts paid by eligible retail
7             customers in connection with electric service to
8             no more than the greater of 2.015% of the amount
9             paid per kilowatthour by those customers during
10             the year ending May 31, 2007 or the incremental
11             amount per kilowatthour paid for these resources
12             in 2011.
13             No later than June 30, 2011, the Commission shall
14         review the limitation on the amount of renewable energy
15         resources procured pursuant to this subsection (c) and
16         report to the General Assembly its findings as to
17         whether that limitation unduly constrains the
18         procurement of cost-effective renewable energy
19         resources.
20             (3) Through June 1, 2011, renewable energy
21         resources shall be counted for the purpose of meeting
22         the renewable energy standards set forth in paragraph
23         (1) of this subsection (c) only if they are generated
24         from facilities located in the State, provided that
25         cost-effective renewable energy resources are
26         available from those facilities. If those

 

 

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1         cost-effective resources are not available in
2         Illinois, they shall be procured in states that adjoin
3         Illinois and may be counted towards compliance. If
4         those cost-effective resources are not available in
5         Illinois or in states that adjoin Illinois, they shall
6         be purchased elsewhere and shall be counted towards
7         compliance. After June 1, 2011, cost-effective
8         renewable energy resources located in Illinois and in
9         states that adjoin Illinois may be counted towards
10         compliance with the standards set forth in paragraph
11         (1) of this subsection (c). If those cost-effective
12         resources are not available in Illinois or in states
13         that adjoin Illinois, they shall be purchased
14         elsewhere and shall be counted towards compliance.
15             (4) The electric utility shall retire all
16         renewable energy credits used to comply with the
17         standard.
18     (d) Clean coal portfolio standard.
19         (1) The procurement plans shall include electricity
20     generated using clean coal. Each utility shall enter into
21     one or more sourcing agreements with the initial clean coal
22     facility, as provided in paragraph (3) of this subsection
23     (d), covering electricity generated by the initial clean
24     coal facility representing at least 5% of each utility's
25     total supply to serve the load of eligible retail customers
26     in 2015 and each year thereafter, as described in paragraph

 

 

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1     (3) of this subsection (d), subject to the limits specified
2     in paragraph (2) of this subsection (d). It is the goal of
3     the State that by January 1, 2025, 25% of the electricity
4     used in the State shall be generated by cost-effective
5     clean coal facilities. For purposes of this subsection (d),
6     "cost-effective" means that the expenditures pursuant to
7     such sourcing agreements do not cause the limit stated in
8     paragraph (2) of this subsection (d) to be exceeded and do
9     not exceed cost-based benchmarks, which shall be developed
10     to assess all expenditures pursuant to such sourcing
11     agreements covering electricity generated by clean coal
12     facilities, other than the initial clean coal facility, by
13     the procurement administrator, in consultation with the
14     Commission staff, Agency staff, and the procurement
15     monitor and shall be subject to Commission review and
16     approval.
17             (A) A utility party to a sourcing agreement shall
18         immediately retire any emission credits that it
19         receives in connection with the electricity covered by
20         such agreement.
21             (B) Utilities shall maintain adequate records
22         documenting the purchases under the sourcing agreement
23         to comply with this subsection (d) and shall file an
24         accounting with the load forecast that must be filed
25         with the Agency by July 15 of each year, in accordance
26         with subsection (d) of Section 16-111.5 of the Public

 

 

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1         Utilities Act.
2             (C) A utility shall be deemed to have complied with
3         the clean coal portfolio standard specified in this
4         subsection (d) if the utility enters into a sourcing
5         agreement as required by this subsection (d).
6         (2) For purposes of this subsection (d), the required
7     execution of sourcing agreements with the initial clean
8     coal facility for a particular year shall be measured as a
9     percentage of the actual amount of electricity
10     (megawatt-hours) supplied by the electric utility to
11     eligible retail customers in the planning year ending
12     immediately prior to the agreement's execution. For
13     purposes of this subsection (d), the amount paid per
14     kilowatthour means the total amount paid for electric
15     service expressed on a per kilowatthour basis. For purposes
16     of this subsection (d), the total amount paid for electric
17     service includes without limitation amounts paid for
18     supply, transmission, distribution, surcharges and add-on
19     taxes.
20         Notwithstanding the requirements of this subsection
21     (d), the total amount paid under sourcing agreements with
22     clean coal facilities pursuant to the procurement plan for
23     any given year shall be reduced by an amount necessary to
24     limit the annual estimated average net increase due to the
25     costs of these resources included in the amounts paid by
26     eligible retail customers in connection with electric

 

 

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

 

 

09600SB0658ham002 - 46 - LRB096 06724 MJR 27586 a

1             with electric service to no more than the greater
2             of (i) 2.015% of the amount paid per kilowatthour
3             by those customers during the year ending May 31,
4             2009 or (ii) the incremental amount per
5             kilowatthour paid for these resources in 2013.
6             These requirements may be altered only as provided
7             by statute. No later than June 30, 2015, the
8             Commission shall review the limitation on the
9             total amount paid under sourcing agreements, if
10             any, with clean coal facilities pursuant to this
11             subsection (d) and report to the General Assembly
12             its findings as to whether that limitation unduly
13             constrains the amount of electricity generated by
14             cost-effective clean coal facilities that is
15             covered by sourcing agreements.
16         (3) Initial clean coal facility. In order to promote
17     development of clean coal facilities in Illinois, each
18     electric utility subject to this Section shall execute a
19     sourcing agreement to source electricity from a proposed
20     clean coal facility in Illinois (the "initial clean coal
21     facility") that will have a nameplate capacity of at least
22     500 MW when commercial operation commences, that has a
23     final Clean Air Act permit on the effective date of this
24     amendatory Act of the 95th General Assembly, and that will
25     meet the definition of clean coal facility in Section 1-10
26     of this Act when commercial operation commences. The

 

 

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1     sourcing agreements with this initial clean coal facility
2     shall be subject to both approval of the initial clean coal
3     facility by the General Assembly and satisfaction of the
4     requirements of paragraph (4) of this subsection (d) and
5     shall be executed within 90 days after any such approval by
6     the General Assembly. The Agency and the Commission shall
7     have authority to inspect all books and records associated
8     with the initial clean coal facility during the term of
9     such a sourcing agreement. A utility's sourcing agreement
10     for electricity produced by the initial clean coal facility
11     shall include:
12             (A) a formula contractual price (the "contract
13         price") approved pursuant to paragraph (4) of this
14         subsection (d), which shall:
15                 (i) be determined using a cost of service
16             methodology employing either a level or deferred
17             capital recovery component, based on a capital
18             structure consisting of 45% equity and 55% debt,
19             and a return on equity as may be approved by the
20             Federal Energy Regulatory Commission, which in any
21             case may not exceed the lower of 11.5% or the rate
22             of return approved by the General Assembly
23             pursuant to paragraph (4) of this subsection (d);
24             and
25                 (ii) provide that all miscellaneous net
26             revenue, including but not limited to net revenue

 

 

09600SB0658ham002 - 48 - LRB096 06724 MJR 27586 a

1             from the sale of emission allowances, if any,
2             substitute natural gas, if any, grants or other
3             support provided by the State of Illinois or the
4             United States Government, firm transmission
5             rights, if any, by-products produced by the
6             facility, energy or capacity derived from the
7             facility and not covered by a sourcing agreement
8             pursuant to paragraph (3) of this subsection (d) or
9             item (5) of subsection (d) of Section 16-115 of the
10             Public Utilities Act, whether generated from the
11             synthesis gas derived from coal, from SNG, or from
12             natural gas, shall be credited against the revenue
13             requirement for this initial clean coal facility;
14             (B) power purchase provisions, which shall:
15                 (i) provide that the utility party to such
16             sourcing agreement shall pay the contract price
17             for electricity delivered under such sourcing
18             agreement;
19                 (ii) require delivery of electricity to the
20             regional transmission organization market of the
21             utility that is party to such sourcing agreement;
22                 (iii) require the utility party to such
23             sourcing agreement to buy from the initial clean
24             coal facility in each hour an amount of energy
25             equal to all clean coal energy made available from
26             the initial clean coal facility during such hour

 

 

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

 

 

09600SB0658ham002 - 50 - LRB096 06724 MJR 27586 a

1             during such hour times a fraction, the numerator of
2             which is such utility's retail market sales of
3             electricity (expressed in kilowatthours sold) in
4             the utility's service territory in the State
5             during the prior calendar month and the
6             denominator of which is the total retail market
7             sales of electricity (expressed in kilowatthours
8             sold) in the State by utilities during such prior
9             month and the sales of electricity (expressed in
10             kilowatthours sold) in the State by alternative
11             retail electric suppliers during such prior month
12             that are subject to the requirements of this
13             subsection (d) and paragraph (5) of subsection (d)
14             of Section 16-115 of the Public Utilities Act,
15             provided that the amount paid by the utility in any
16             year will be limited by paragraph (2) of this
17             subsection (d);
18                 (ii) provide that the utility's payment
19             obligation in respect of the quantity of
20             electricity determined pursuant to the preceding
21             clause (i) shall be limited to an amount equal to
22             (1) the difference between the contract price
23             determined pursuant to subparagraph (A) of
24             paragraph (3) of this subsection (d) and the
25             day-ahead price for electricity delivered to the
26             regional transmission organization market of the

 

 

09600SB0658ham002 - 51 - LRB096 06724 MJR 27586 a

1             utility that is party to such sourcing agreement
2             (or any successor delivery point at which such
3             utility's supply obligations are financially
4             settled on an hourly basis) (the "reference
5             price") on the day preceding the day on which the
6             electricity is delivered to the initial clean coal
7             facility busbar, multiplied by (2) the quantity of
8             electricity determined pursuant to the preceding
9             clause (i); and
10                 (iii) not require the utility to take physical
11             delivery of the electricity produced by the
12             facility;
13             (D) general provisions, which shall:
14                 (i) specify a term of no more than 30 years,
15             commencing on the commercial operation date of the
16             facility;
17                 (ii) provide that utilities shall maintain
18             adequate records documenting purchases under the
19             sourcing agreements entered into to comply with
20             this subsection (d) and shall file an accounting
21             with the load forecast that must be filed with the
22             Agency by July 15 of each year, in accordance with
23             subsection (d) of Section 16-111.5 of the Public
24             Utilities Act.
25                 (iii) provide that all costs associated with
26             the initial clean coal facility will be

 

 

09600SB0658ham002 - 52 - LRB096 06724 MJR 27586 a

1             periodically reported to the Federal Energy
2             Regulatory Commission and to purchasers in
3             accordance with applicable laws governing
4             cost-based wholesale power contracts;
5                 (iv) permit the Illinois Power Agency to
6             assume ownership of the initial clean coal
7             facility, without monetary consideration and
8             otherwise on reasonable terms acceptable to the
9             Agency, if the Agency so requests no less than 3
10             years prior to the end of the stated contract term;
11                 (v) require the owner of the initial clean coal
12             facility to provide documentation to the
13             Commission each year, starting in the facility's
14             first year of commercial operation, accurately
15             reporting the quantity of carbon emissions from
16             the facility that have been captured and
17             sequestered and report any quantities of carbon
18             released from the site or sites at which carbon
19             emissions were sequestered in prior years, based
20             on continuous monitoring of such sites. If, in any
21             year after the first year of commercial operation,
22             the owner of the facility fails to demonstrate that
23             the initial clean coal facility captured and
24             sequestered at least 50% of the total carbon
25             emissions that the facility would otherwise emit
26             or that sequestration of emissions from prior

 

 

09600SB0658ham002 - 53 - LRB096 06724 MJR 27586 a

1             years has failed, resulting in the release of
2             carbon dioxide into the atmosphere, the owner of
3             the facility must offset excess emissions. Any
4             such carbon offsets must be permanent, additional,
5             verifiable, real, located within the State of
6             Illinois, and legally and practicably enforceable.
7             The cost of such offsets for the facility that are
8             not recoverable shall not exceed $15 million in any
9             given year. No costs of any such purchases of
10             carbon offsets may be recovered from a utility or
11             its customers. All carbon offsets purchased for
12             this purpose and any carbon emission credits
13             associated with sequestration of carbon from the
14             facility must be permanently retired. The initial
15             clean coal facility shall not forfeit its
16             designation as a clean coal facility if the
17             facility fails to fully comply with the applicable
18             carbon sequestration requirements in any given
19             year, provided the requisite offsets are
20             purchased. However, the Attorney General, on
21             behalf of the People of the State of Illinois, may
22             specifically enforce the facility's sequestration
23             requirement and the other terms of this contract
24             provision. Compliance with the sequestration
25             requirements and offset purchase requirements
26             specified in paragraph (3) of this subsection (d)

 

 

09600SB0658ham002 - 54 - LRB096 06724 MJR 27586 a

1             shall be reviewed annually by an independent
2             expert retained by the owner of the initial clean
3             coal facility, with the advance written approval
4             of the Attorney General. The Commission may, in the
5             course of the review specified in item (vii),
6             reduce the allowable return on equity for the
7             facility if the facility wilfully fails to comply
8             with the carbon capture and sequestration
9             requirements set forth in this item (v);
10                 (vi) include limits on, and accordingly
11             provide for modification of, the amount the
12             utility is required to source under the sourcing
13             agreement consistent with paragraph (2) of this
14             subsection (d);
15                 (vii) require Commission review: (1) to
16             determine the justness, reasonableness, and
17             prudence of the inputs to the formula referenced in
18             subparagraphs (A)(i) through (A)(iii) of paragraph
19             (3) of this subsection (d), prior to an adjustment
20             in those inputs including, without limitation, the
21             capital structure and return on equity, fuel
22             costs, and other operations and maintenance costs
23             and (2) to approve the costs to be passed through
24             to customers under the sourcing agreement by which
25             the utility satisfies its statutory obligations.
26             Commission review shall occur no less than every 3

 

 

09600SB0658ham002 - 55 - LRB096 06724 MJR 27586 a

1             years, regardless of whether any adjustments have
2             been proposed, and shall be completed within 9
3             months;
4                 (viii) limit the utility's obligation to such
5             amount as the utility is allowed to recover through
6             tariffs filed with the Commission, provided that
7             neither the clean coal facility nor the utility
8             waives any right to assert federal pre-emption or
9             any other argument in response to a purported
10             disallowance of recovery costs;
11                 (ix) limit the utility's or alternative retail
12             electric supplier's obligation to incur any
13             liability until such time as the facility is in
14             commercial operation and generating power and
15             energy and such power and energy is being delivered
16             to the facility busbar;
17                 (x) provide that the owner or owners of the
18             initial clean coal facility, which is the
19             counterparty to such sourcing agreement, shall
20             have the right from time to time to elect whether
21             the obligations of the utility party thereto shall
22             be governed by the power purchase provisions or the
23             contract for differences provisions;
24                 (xi) append documentation showing that the
25             formula rate and contract, insofar as they relate
26             to the power purchase provisions, have been

 

 

09600SB0658ham002 - 56 - LRB096 06724 MJR 27586 a

1             approved by the Federal Energy Regulatory
2             Commission pursuant to Section 205 of the Federal
3             Power Act;
4                 (xii) provide that any changes to the terms of
5             the contract, insofar as such changes relate to the
6             power purchase provisions, are subject to review
7             under the public interest standard applied by the
8             Federal Energy Regulatory Commission pursuant to
9             Sections 205 and 206 of the Federal Power Act; and
10                 (xiii) conform with customary lender
11             requirements in power purchase agreements used as
12             the basis for financing non-utility generators.
13         (4) Effective date of sourcing agreements with the
14     initial clean coal facility. Any proposed sourcing
15     agreement with the initial clean coal facility shall not
16     become effective unless the following reports are prepared
17     and submitted and authorizations and approvals obtained:
18                 (i) Facility cost report. The owner of the
19             initial clean coal facility shall submit to the
20             Commission, the Agency, and the General Assembly a
21             front-end engineering and design study, a facility
22             cost report, method of financing (including but
23             not limited to structure and associated costs),
24             and an operating and maintenance cost quote for the
25             facility (collectively "facility cost report"),
26             which shall be prepared in accordance with the

 

 

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1             requirements of this paragraph (4) of subsection
2             (d) of this Section, and shall provide the
3             Commission and the Agency access to the work
4             papers, relied upon documents, and any other
5             backup documentation related to the facility cost
6             report.
7                 (ii) Commission report. Within 6 months
8             following receipt of the facility cost report, the
9             Commission, in consultation with the Agency, shall
10             submit a report to the General Assembly setting
11             forth its analysis of the facility cost report.
12             Such report shall include, but not be limited to, a
13             comparison of the costs associated with
14             electricity generated by the initial clean coal
15             facility to the costs associated with electricity
16             generated by other types of generation facilities,
17             an analysis of the rate impacts on residential and
18             small business customers over the life of the
19             sourcing agreements, and an analysis of the
20             likelihood that the initial clean coal facility
21             will commence commercial operation by and be
22             delivering power to the facility's busbar by 2016.
23             To assist in the preparation of its report, the
24             Commission, in consultation with the Agency, may
25             hire one or more experts or consultants, the costs
26             of which shall be paid for by the owner of the

 

 

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1             initial clean coal facility. The Commission and
2             Agency may begin the process of selecting such
3             experts or consultants prior to receipt of the
4             facility cost report.
5                 (iii) General Assembly approval. The proposed
6             sourcing agreements shall not take effect unless,
7             based on the facility cost report and the
8             Commission's report, the General Assembly enacts
9             authorizing legislation approving (A) the
10             projected price, stated in cents per kilowatthour,
11             to be charged for electricity generated by the
12             initial clean coal facility, (B) the projected
13             impact on residential and small business
14             customers' bills over the life of the sourcing
15             agreements, and (C) the maximum allowable return
16             on equity for the project; and
17                 (iv) Commission review. If the General
18             Assembly enacts authorizing legislation pursuant
19             to subparagraph (iii) approving a sourcing
20             agreement, the Commission shall, within 90 days of
21             such enactment, complete a review of such sourcing
22             agreement. During such time period, the Commission
23             shall implement any directive of the General
24             Assembly, resolve any disputes between the parties
25             to the sourcing agreement concerning the terms of
26             such agreement, approve the form of such

 

 

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1             agreement, and issue an order finding that the
2             sourcing agreement is prudent and reasonable.
3     The facility cost report shall be prepared as follows:
4             (A) The facility cost report shall be prepared by
5         duly licensed engineering and construction firms
6         detailing the estimated capital costs payable to one or
7         more contractors or suppliers for the engineering,
8         procurement and construction of the components
9         comprising the initial clean coal facility and the
10         estimated costs of operation and maintenance of the
11         facility. The facility cost report shall include:
12                 (i) an estimate of the capital cost of the core
13             plant based on one or more front end engineering
14             and design studies for the gasification island and
15             related facilities. The core plant shall include
16             all civil, structural, mechanical, electrical,
17             control, and safety systems.
18                 (ii) an estimate of the capital cost of the
19             balance of the plant, including any capital costs
20             associated with sequestration of carbon dioxide
21             emissions and all interconnects and interfaces
22             required to operate the facility, such as
23             transmission of electricity, construction or
24             backfeed power supply, pipelines to transport
25             substitute natural gas or carbon dioxide, potable
26             water supply, natural gas supply, water supply,

 

 

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1             water discharge, landfill, access roads, and coal
2             delivery.
3             The quoted construction costs shall be expressed
4         in nominal dollars as of the date that the quote is
5         prepared and shall include (1) capitalized financing
6         costs during construction, (2) taxes, insurance, and
7         other owner's costs, and (3) an assumed escalation in
8         materials and labor beyond the date as of which the
9         construction cost quote is expressed.
10             (B) The front end engineering and design study for
11         the gasification island and the cost study for the
12         balance of plant shall include sufficient design work
13         to permit quantification of major categories of
14         materials, commodities and labor hours, and receipt of
15         quotes from vendors of major equipment required to
16         construct and operate the clean coal facility.
17             (C) The facility cost report shall also include an
18         operating and maintenance cost quote that will provide
19         the estimated cost of delivered fuel, personnel,
20         maintenance contracts, chemicals, catalysts,
21         consumables, spares, and other fixed and variable
22         operations and maintenance costs.
23                 (a) The delivered fuel cost estimate will be
24             provided by a recognized third party expert or
25             experts in the fuel and transportation industries.
26                 (b) The balance of the operating and

 

 

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1             maintenance cost quote, excluding delivered fuel
2             costs will be developed based on the inputs
3             provided by duly licensed engineering and
4             construction firms performing the construction
5             cost quote, potential vendors under long-term
6             service agreements and plant operating agreements,
7             or recognized third party plant operator or
8             operators.
9                 The operating and maintenance cost quote
10             (including the cost of the front end engineering
11             and design study) shall be expressed in nominal
12             dollars as of the date that the quote is prepared
13             and shall include (1) taxes, insurance, and other
14             owner's costs, and (2) an assumed escalation in
15             materials and labor beyond the date as of which the
16             operating and maintenance cost quote is expressed.
17             (D) The facility cost report shall also include (i)
18         an analysis of the initial clean coal facility's
19         ability to deliver power and energy into the applicable
20         regional transmission organization markets and (ii) an
21         analysis of the expected capacity factor for the
22         initial clean coal facility.
23             (E) Amounts paid to third parties unrelated to the
24         owner or owners of the initial clean coal facility to
25         prepare the core plant construction cost quote,
26         including the front end engineering and design study,

 

 

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1         and the operating and maintenance cost quote will be
2         reimbursed through Coal Development Bonds.
3         (5) Re-powering and retrofitting coal-fired power
4     plants previously owned by Illinois utilities to qualify as
5     clean coal facilities. During the 2009 procurement
6     planning process and thereafter, the Agency and the
7     Commission shall consider sourcing agreements covering
8     electricity generated by power plants that were previously
9     owned by Illinois utilities and that have been or will be
10     converted into clean coal facilities, as defined by Section
11     1-10 of this Act. Pursuant to such procurement planning
12     process, the owners of such facilities may propose to the
13     Agency sourcing agreements with utilities and alternative
14     retail electric suppliers required to comply with
15     subsection (d) of this Section and item (5) of subsection
16     (d) of Section 16-115 of the Public Utilities Act, covering
17     electricity generated by such facilities. In the case of
18     sourcing agreements that are power purchase agreements,
19     the contract price for electricity sales shall be
20     established on a cost of service basis. In the case of
21     sourcing agreements that are contracts for differences,
22     the contract price from which the reference price is
23     subtracted shall be established on a cost of service basis.
24     The Agency and the Commission may approve any such utility
25     sourcing agreements that do not exceed cost-based
26     benchmarks developed by the procurement administrator, in

 

 

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1     consultation with the Commission staff, Agency staff and
2     the procurement monitor, subject to Commission review and
3     approval. The Commission shall have authority to inspect
4     all books and records associated with these clean coal
5     facilities during the term of any such contract.
6         (6) Costs incurred under this subsection (d) or
7     pursuant to a contract entered into under this subsection
8     (d) shall be deemed prudently incurred and reasonable in
9     amount and the electric utility shall be entitled to full
10     cost recovery pursuant to the tariffs filed with the
11     Commission.
12         (e) The draft procurement plans are subject to public
13     comment, as required by Section 16-111.5 of the Public
14     Utilities Act.
15         (f) The Agency shall submit the final procurement plan
16     to the Commission. The Agency shall revise a procurement
17     plan if the Commission determines that it does not meet the
18     standards set forth in Section 16-111.5 of the Public
19     Utilities Act.
20         (g) The Agency shall assess fees to each affected
21     utility to recover the costs incurred in preparation of the
22     annual procurement plan for the utility.
23         (h) The Agency shall assess fees to each bidder to
24     recover the costs incurred in connection with a competitive
25     procurement process.
26         (i) Except in cases where the Agency or the Commission

 

 

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1     has solicited written or oral comment, firms, including,
2     their representatives and trade associations, that are
3     eligible to bid in Agency procurements must not communicate
4     with the Agency or any consultants retained by the Agency
5     on nonprocedural issues.
6 (Source: P.A. 95-481, eff. 8-28-07; 95-1027, eff. 6-1-09.)
 
7     Section 10. The State Finance Act is amended by adding
8 Section 5.719 as follows:
 
9     (30 ILCS 105/5.719 new)
10     Sec. 5.719. The Retail Commodity Revolving Fund.
 
11     Section 95. No acceleration or delay. Where this Act makes
12 changes in a statute that is represented in this Act by text
13 that is not yet or no longer in effect (for example, a Section
14 represented by multiple versions), the use of that text does
15 not accelerate or delay the taking effect of (i) the changes
16 made by this Act or (ii) provisions derived from any other
17 Public Act.
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".