State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

90_SB0250

      20 ILCS 1105/8            from Ch. 96 1/2, par. 7408
          Amends the Energy Conservation and Coal Development  Act.
      Provides  that the Illinois Coal Development Board shall have
      16 members (now 13) with a quorum of 9 (now 7).  Adds to  the
      board   the   Deputy  Director  of  the  Bureau  of  Business
      Development within the Department of Commerce  and  Community
      Affairs  and 4 legislators to be appointed by the legislative
      leaders  to  serve for the duration of that General Assembly.
      Deletes the provision that places the  2  co-chairpersons  of
      the Citizens Council on Energy Resources on the board.
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 1        AN   ACT  to  amend  the  Energy  Conservation  and  Coal
 2    Development Act by changing Section 8.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Energy Conservation and Coal Development
 6    Act is amended by changing Section 8 as follows:
 7        (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
 8        Sec. 8.  Illinois Coal Development Board.
 9        (a)  There shall be established, within  the  Department,
10    the  Illinois  Coal  Development  Board,  hereinafter in this
11    Section called the Board.  The Board shall be composed of the
12    following 13 voting members including: the  Director  of  the
13    Department,   who  shall  be  Chairman  thereof;  the  Deputy
14    Director of the Bureau of  Business  Development  within  the
15    Department of Commerce and Community Affairs; the Director of
16    Natural  Resources  or that Director's designee; the Director
17    of the Office of Mines and Minerals within the Department  of
18    Natural  Resources;  4  members  of the General Assembly (one
19    each appointed by the President of  the  Senate,  the  Senate
20    Minority  Leader,  the  Speaker  of  the House, and the House
21    Minority Leader) the  two  co-chairpersons  of  the  Citizens
22    Council on Energy Resources, created by Public Act 84-15; and
23    8  persons  appointed  by  the  Governor, with the advice and
24    consent of the Senate, including representatives of  Illinois
25    industries  that  are involved in the extraction, utilization
26    or transportation  of  Illinois  coal,  persons  representing
27    financial  or  banking  interests  in  the State, and persons
28    experienced   in   international   business   and    economic
29    development.   These  members shall be chosen from persons of
30    recognized ability and experience in their designated  field.
31    The 8 appointed members appointed by the Governor shall serve
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 1    for  terms  of  4  years,  unless  otherwise provided in this
 2    subsection.  The initial terms  of  the  original  appointees
 3    shall  expire on July 1, 1985, except that the Governor shall
 4    designate 3 of the original appointees to serve initial terms
 5    that shall expire on July 1, 1983.  The initial term  of  the
 6    member  appointed  by the Governor to fill the office created
 7    after July 1, 1985 shall expire on July 1, 1989.  The initial
 8    terms of the members appointed by the Governor  to  fill  the
 9    offices  created  by this amendatory Act of 1993 shall expire
10    on July 1, 1995, and July  1,  1997,  as  determined  by  the
11    Governor.  A  member  appointed by a Legislative Leader shall
12    serve for the duration of the General Assembly for  which  he
13    or  she  is appointed, so long as the member remains a member
14    of that General Assembly.
15        The Board shall meet at least annually or at the call  of
16    the  Chairman.    At  any  time the majority of the Board may
17    petition the Chairman for a meeting of the Board.  Nine Seven
18    members of the Board shall constitute a quorum.   Members  of
19    the  Board  shall  be  reimbursed  for  actual  and necessary
20    expenses incurred while performing their duties as members of
21    the Board from funds appropriated to the Department for  such
22    purpose.
23        (b)  The  Board  shall  have  the  following  powers  and
24    duties:
25             (1)  To  develop  an annual agenda which may include
26        but  is  not  limited  to  research   and   methodologies
27        conducted  for  the purpose of increasing the utilization
28        of Illinois' coal and other fossil fuel  resources,  with
29        emphasis  on  high  sulfur  coal, in the following areas:
30        coal extraction, preparation and  characterization;  coal
31        technologies (combustion, gasification, liquefaction, and
32        related   processes);  marketing;  public  awareness  and
33        education, as those terms are used in the  Illinois  Coal
34        Technology  Development  Assistance  Act; transportation;
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 1        procurement  of  sites  and  issuance  of  permits;   and
 2        environmental impacts.
 3             (2)  To   support   and   coordinate  Illinois  coal
 4        research, and to approve  projects  consistent  with  the
 5        annual  agenda  and  budget  for  coal  research  and the
 6        purposes of this Act.  The Board  shall  review  and,  if
 7        acceptable,  approve the annual budget and operating plan
 8        submitted by the Department  for  administration  of  the
 9        Board's projects and funds.
10             (3)  To   promote   the  coordination  of  available
11        research  information  on  the  production,  preparation,
12        distribution and uses of Illinois coal.  The Board  shall
13        advise  the  existing  research  institutions  within the
14        State on areas where research may be necessary.
15             (4)  To cooperate to  the  fullest  extent  possible
16        with   State   and   federal  agencies  and  departments,
17        independent organizations, and other  interested  groups,
18        public   and  private,  for  the  purposes  of  promoting
19        Illinois coal resources.
20             (5)  To submit an annual report to the Governor  and
21        the   General   Assembly   outlining   the  progress  and
22        accomplishments made in the year, providing an accounting
23        of funds received and disbursed, reviewing the status  of
24        research   contracts,   and   furnishing  other  relevant
25        information.
26             (6)  To focus on existing coal research  efforts  in
27        carrying out its mission. The Board shall attempt to make
28        use  of existing research facilities in Illinois or other
29        institutions carrying out research on Illinois coal.   As
30        far  as  practicable, the Board shall make maximum use of
31        the research facilities available at the  Illinois  State
32        Geological  Survey,  the  Coal Extraction and Utilization
33        Research Center, the Illinois Coal Development  Park  and
34        universities  and  colleges  located  within the State of
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 1        Illinois.  Subject to the approval of the Department, and
 2        in conjunction with its statutory  responsibilities,  the
 3        Board  may  create a consortium or center which conducts,
 4        coordinates and supports coal research activities in  the
 5        State  of  Illinois.   Programmatic  activities of such a
 6        consortium or center shall be subject to approval by  the
 7        Board  and  shall be consistent with the purposes of this
 8        Act.  The Board may authorize  expenditure  of  funds  in
 9        support of the administrative and programmatic operations
10        of  such  a  center  or  consortium  consistent  with its
11        statutory authority.  Administrative  actions  undertaken
12        by or for such a center or consortium shall be subject to
13        the approval of the Department.
14             (7)  To make a reasonable attempt, before initiating
15        any  research  under  this  Act,  to avoid duplication of
16        effort and expense by coordinating the  research  efforts
17        among  various  agencies,  departments,  universities  or
18        organizations, as the case may be.
19             (8)  To  adopt,  amend and repeal rules, regulations
20        and bylaws governing its  organization,  the  conduct  of
21        business, and the exercise of its powers and duties.
22             (9)  To authorize the expenditure of monies from the
23        Coal  Technology  Development Assistance Fund, the Public
24        Utility Fund  and  other  funds  in  the  State  Treasury
25        appropriated  to  the  Department,  consistent  with  the
26        purposes of this Act.
27             (10)  To seek, accept, and expend gifts or grants in
28        any  form,  from  any  public  agency  or  from any other
29        source.  Such gifts and grants may be held  in  trust  by
30        the Department and expended at the direction of the Board
31        and in the exercise of the Board's powers and performance
32        of the Board's duties.
33             (11)  To  publish, from time to time, the results of
34        Illinois coal research projects funded through the Board.
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 1             (12)  To authorize loans  from  appropriations  from
 2        the Build Illinois Bond Purposes Fund, the Build Illinois
 3        Bond  Fund  and  the Illinois Industrial Coal Utilization
 4        Fund.
 5             (13)  To authorize expenditures of monies  for  coal
 6        development projects under the authority of Section 13 of
 7        the General Obligation Bond Act.
 8        (c)  The Board shall also have and exercise the following
 9    powers and duties:
10             (1)  To  create  and  maintain thorough, current and
11        accurate records on all markets for and  actual  uses  of
12        coal   mined  in  Illinois,  and  to  make  such  records
13        available to the public upon request.
14             (2)  To identify all current and anticipated  future
15        technical,      economic,      institutional,     market,
16        environmental, regulatory and other  impediments  to  the
17        utilization of Illinois coal.
18             (3)  To monitor and evaluate all proposals and plans
19        of  public  utilities  related  to  compliance  with  the
20        requirements  of  Title  IV  of the federal Clean Air Act
21        Amendments of 1990, or with any  other  law  which  might
22        affect  the use of Illinois coal, for the purposes of (i)
23        determining the effects of such proposals or plans on the
24        use of Illinois coal, and  (ii)  identifying  alternative
25        plans or actions which would maintain or increase the use
26        of Illinois coal.
27             (4)  To  develop  strategies and to propose policies
28        to promote environmentally responsible uses  of  Illinois
29        coal  for  meeting electric power supply requirements and
30        for other purposes.
31             (5)  To issue a  report  to  the  Governor  and  the
32        General  Assembly  by  October 1, 1991, and by March 1 of
33        each   year   thereafter,   describing   all    findings,
34        conclusions and recommendations required by and developed
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 1        pursuant  to  this  subsection;  provided,  however, that
 2        interim reports may be issued whenever in the opinion  of
 3        the Board there may be a need to do so.
 4    (Source: P.A. 88-391; 89-445, eff. 2-7-96.)

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