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90_SB0250sam001
LRB9000888PTcwam
1 AMENDMENT TO SENATE BILL 250
2 AMENDMENT NO. . Amend Senate Bill 250 by replacing
3 the title with the following:
4 "AN ACT concerning the Illinois Coal Development Board.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Energy Conservation and Coal Development
9 Act is amended by changing Sections 8 and 9 as follows:
10 (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
11 Sec. 8. Illinois Coal Development Board.
12 (a) There shall be established as an advisory board to,
13 within the Department, the Illinois Coal Development Board,
14 hereinafter in this Section called the Board. The Board
15 shall be composed of the following 13 voting members
16 including: the Director of the Department, who shall be
17 Chairman thereof; the Deputy Director of the Bureau of
18 Business Development within the Department of Commerce and
19 Community Affairs; the Director of Natural Resources or that
20 Director's designee; the Director of the Office of Mines and
21 Minerals within the Department of Natural Resources; 4
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1 members of the General Assembly (one each appointed by the
2 President of the Senate, the Senate Minority Leader, the
3 Speaker of the House, and the House Minority Leader) the two
4 co-chairpersons of the Citizens Council on Energy Resources,
5 created by Public Act 84-15; and 8 persons appointed by the
6 Governor, with the advice and consent of the Senate,
7 including representatives of Illinois industries that are
8 involved in the extraction, utilization or transportation of
9 Illinois coal, persons representing financial or banking
10 interests in the State, and persons experienced in
11 international business and economic development. These
12 members shall be chosen from persons of recognized ability
13 and experience in their designated field. The 8 appointed
14 members appointed by the Governor shall serve for terms of 4
15 years, unless otherwise provided in this subsection. The
16 initial terms of the original appointees shall expire on July
17 1, 1985, except that the Governor shall designate 3 of the
18 original appointees to serve initial terms that shall expire
19 on July 1, 1983. The initial term of the member appointed by
20 the Governor to fill the office created after July 1, 1985
21 shall expire on July 1, 1989. The initial terms of the
22 members appointed by the Governor to fill the offices created
23 by this amendatory Act of 1993 shall expire on July 1, 1995,
24 and July 1, 1997, as determined by the Governor. A member
25 appointed by a Legislative Leader shall serve for the
26 duration of the General Assembly for which he or she is
27 appointed, so long as the member remains a member of that
28 General Assembly.
29 The Board shall meet at least annually or at the call of
30 the Chairman. At any time the majority of the Board may
31 petition the Chairman for a meeting of the Board. Nine Seven
32 members of the Board shall constitute a quorum. Members of
33 the Board shall be reimbursed for actual and necessary
34 expenses incurred while performing their duties as members of
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1 the Board from funds appropriated to the Department for such
2 purpose.
3 (b) The Board shall provide advice and make
4 recommendations on have the following Department powers and
5 duties:
6 (1) To develop an annual agenda which may include
7 but is not limited to research and methodologies
8 conducted for the purpose of increasing the utilization
9 of Illinois' coal and other fossil fuel resources, with
10 emphasis on high sulfur coal, in the following areas:
11 coal extraction, preparation and characterization; coal
12 technologies (combustion, gasification, liquefaction, and
13 related processes); marketing; public awareness and
14 education, as those terms are used in the Illinois Coal
15 Technology Development Assistance Act; transportation;
16 procurement of sites and issuance of permits; and
17 environmental impacts.
18 (2) To support and coordinate Illinois coal
19 research, and to approve projects consistent with the
20 annual agenda and budget for coal research and the
21 purposes of this Act and to. The Board shall review and,
22 if acceptable, approve the annual budget and operating
23 plan submitted by the Department for administration of
24 the Board Board's projects and funds.
25 (3) To promote the coordination of available
26 research information on the production, preparation,
27 distribution and uses of Illinois coal. The Board shall
28 advise the existing research institutions within the
29 State on areas where research may be necessary.
30 (4) To cooperate to the fullest extent possible
31 with State and federal agencies and departments,
32 independent organizations, and other interested groups,
33 public and private, for the purposes of promoting
34 Illinois coal resources.
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1 (5) To submit an annual report to the Governor and
2 the General Assembly outlining the progress and
3 accomplishments made in the year, providing an accounting
4 of funds received and disbursed, reviewing the status of
5 research contracts, and furnishing other relevant
6 information.
7 (6) To focus on existing coal research efforts in
8 carrying out its mission;. The Board shall attempt to
9 make use of existing research facilities in Illinois or
10 other institutions carrying out research on Illinois
11 coal;. as far as practicable, to the Board shall make
12 maximum use of the research facilities available at the
13 Illinois State Geological Survey, the Coal Extraction and
14 Utilization Research Center, the Illinois Coal
15 Development Park and universities and colleges located
16 within the State of Illinois; and to. Subject to the
17 approval of the Department, and in conjunction with its
18 statutory responsibilities, the Board may create a
19 consortium or center which conducts, coordinates and
20 supports coal research activities in the State of
21 Illinois. Programmatic activities of such a consortium
22 or center shall be subject to approval by the Department
23 Board and shall be consistent with the purposes of this
24 Act. The Department Board may authorize expenditure of
25 funds in support of the administrative and programmatic
26 operations of such a center or consortium consistent with
27 its statutory authority. Administrative actions
28 undertaken by or for such a center or consortium shall be
29 subject to the approval of the Department.
30 (7) To make a reasonable attempt, before initiating
31 any research under this Act, to avoid duplication of
32 effort and expense by coordinating the research efforts
33 among various agencies, departments, universities or
34 organizations, as the case may be.
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1 (8) To adopt, amend and repeal rules, regulations
2 and bylaws governing the Board's its organization and,
3 the conduct of business, and the exercise of its powers
4 and duties.
5 (9) To authorize the expenditure of monies from the
6 Coal Technology Development Assistance Fund, the Public
7 Utility Fund and other funds in the State Treasury
8 appropriated to the Department, consistent with the
9 purposes of this Act.
10 (10) To seek, accept, and expend gifts or grants in
11 any form, from any public agency or from any other
12 source. Such gifts and grants may be held in trust by
13 the Department and expended at the direction of the
14 Department Board and in the exercise of the Department's
15 Board's powers and performance of the Department's
16 Board's duties.
17 (11) To publish, from time to time, the results of
18 Illinois coal research projects funded through the
19 Department Board.
20 (12) To authorize loans from appropriations from
21 the Build Illinois Bond Purposes Fund, the Build Illinois
22 Bond Fund and the Illinois Industrial Coal Utilization
23 Fund.
24 (13) To authorize expenditures of monies for coal
25 development projects under the authority of Section 13 of
26 the General Obligation Bond Act.
27 (c) The Board shall also provide advice and make
28 recommendations on have and exercise the following Department
29 powers and duties:
30 (1) To create and maintain thorough, current and
31 accurate records on all markets for and actual uses of
32 coal mined in Illinois, and to make such records
33 available to the public upon request.
34 (2) To identify all current and anticipated future
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1 technical, economic, institutional, market,
2 environmental, regulatory and other impediments to the
3 utilization of Illinois coal.
4 (3) To monitor and evaluate all proposals and plans
5 of public utilities related to compliance with the
6 requirements of Title IV of the federal Clean Air Act
7 Amendments of 1990, or with any other law which might
8 affect the use of Illinois coal, for the purposes of (i)
9 determining the effects of such proposals or plans on the
10 use of Illinois coal, and (ii) identifying alternative
11 plans or actions which would maintain or increase the use
12 of Illinois coal.
13 (4) To develop strategies and to propose policies
14 to promote environmentally responsible uses of Illinois
15 coal for meeting electric power supply requirements and
16 for other purposes.
17 (5) (Blank). To issue a report to the Governor and
18 the General Assembly by October 1, 1991, and by March 1
19 of each year thereafter, describing all findings,
20 conclusions and recommendations required by and developed
21 pursuant to this subsection; provided, however, that
22 interim reports may be issued whenever in the opinion of
23 the Board there may be a need to do so.
24 (Source: P.A. 88-391; 89-445, eff. 2-7-96.)
25 (20 ILCS 1105/9) (from Ch. 96 1/2, par. 7409)
26 Sec. 9. The Illinois Industrial Coal Utilization
27 Program. The Department shall administer the Illinois
28 Industrial Coal Utilization Program, referred to as the
29 "program". The purpose of the program is to increase the
30 environmentally sound use of Illinois coal by qualified
31 applicants. To that end, the Department, with the assistance
32 of the Board, shall operate a revolving loan program to
33 partially finance new coal burning facilities sited in
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1 Illinois or conversion of existing boilers located in
2 Illinois to coal use, referred to as "industrial coal
3 projects".
4 The Department, with the advice and recommendation
5 subject to the approval of the Illinois Coal Development
6 Board, shall make below market rate loans available to fund a
7 portion of each qualifying industrial coal project. The
8 applicant must demonstrate that it is able to obtain
9 additional financing from other sources to fund the remainder
10 of the project and that the project would not occur without
11 the Department's participation. The Board and The Department
12 may, in part, rely on the financial evaluation completed by
13 the provider of the additional funding, as well as its own
14 evaluation.
15 The Department shall have the following powers:
16 (1) To accept grants, loans, or appropriations from the
17 federal government or the State, or any agency or
18 instrumentality of either, to be used for any purposes of the
19 program, including operating and administrative expenses
20 associated with the program and the making of direct loans of
21 those funds with respect to projects. The Department may
22 enter into any agreement with the federal government or the
23 State, or any agency or instrumentality of either, in
24 connection with those grants, loans, or appropriations.
25 (2) To make loans from appropriations from the Build
26 Illinois Purposes Fund or the Build Illinois Bond Fund and to
27 accept guarantees from individuals, partnerships, joint
28 ventures, corporations, and governmental agencies. Any loan
29 or series of loans shall be limited to an amount not to
30 exceed the lesser of $4,000,000 or 60% of the total project
31 cost.
32 (3) To establish interest rates, terms of repayment, and
33 other terms and conditions regarding loans made under this
34 Act as the Department shall determine necessary or
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1 appropriate to protect the public interest and carry out the
2 purposes of this Act.
3 (4) To receive, evaluate, and establish time schedules
4 for the determination of, and determine applications for
5 financial aid for the development, construction, acquisition,
6 or improvement of, an industrial coal project from any
7 qualifying applicant and negotiate terms and conditions on
8 which the coal project may be developed, constructed,
9 improved, owned, or used by or leased to the applicant or its
10 successor in interest. The Department shall prescribe the
11 form of application. The form shall contain, without being
12 limited to, the following:
13 (i) a general description of the industrial coal
14 project and of the developer, user, or tenant for which
15 the industrial project is to be established;
16 (ii) plans, equipment lists, and other documents
17 that may be required to show the type, structure, and
18 general character of the project;
19 (iii) a general description of the expected use of
20 Illinois coal resulting from the project;
21 (iv) cost estimates of developing, constructing,
22 acquiring, or improving the industrial project;
23 (v) a general description of the financing plan for
24 the industrial coal project; and
25 (vi) a general description and statement of value
26 of any property and its improvements provided or to be
27 provided for the project by other sources.
28 Nothing in this Section shall be deemed to preclude the
29 Department, before the filing of any formal application, from
30 conducting preliminary discussions and investigations with
31 respect to the subject matter of any prospective
32 applications.
33 (Source: P.A. 87-14.)
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1 Section 10. The General Obligation Bond Act is amended
2 by changing Section 13 as follows:
3 (30 ILCS 330/13) (from Ch. 127, par. 663)
4 Sec. 13. Appropriation of Proceeds from Sale of Bonds.
5 (a) At all times, the proceeds from the sale of Bonds
6 issued pursuant to this Act are subject to appropriation by
7 the General Assembly and may be obligated or expended only
8 with the written approval of the Governor, in such amounts,
9 at such times, and for such purposes as the respective State
10 agencies, as defined in Section 1-7 of the Illinois State
11 Auditing Act, as amended, deem necessary or desirable for the
12 specific purposes contemplated in Sections 2 through 8 of
13 this Act.
14 (b) Proceeds from the sale of Bonds for the purpose of
15 development of coal and alternative forms of energy shall be
16 expended in such amounts and at such times as the Department
17 of Commerce and Community Affairs, with the advice and
18 recommendation the approval of the Illinois Coal Development
19 Board for coal development projects, may deem necessary and
20 desirable for the specific purpose contemplated by Section 7
21 of this Act. In considering the approval of projects to be
22 funded, the Department of Commerce and Community Affairs and
23 the Illinois Coal Development Board, shall give special
24 consideration to projects designed to remove sulfur and other
25 pollutants in the preparation and utilization of coal, and in
26 the use and operation of electric utility generating plants
27 and industrial facilities which utilize Illinois coal as
28 their primary source of fuel.
29 (c) Any monies received by any officer or employee of
30 the state representing a reimbursement of expenditures
31 previously paid from general obligation bond proceeds shall
32 be deposited into the General Obligation Bond Retirement and
33 Interest Fund authorized in Section 14 of this Act.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 Section 15. The Illinois Coal Technology Development
3 Assistance Act is amended by changing Section 4 and 6 as
4 follows:
5 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
6 Sec. 4. Expenditures from Coal Technology Development
7 Assistance Fund.
8 (a) The contents of the Coal Technology Development
9 Assistance Fund may be expended, subject to appropriation by
10 the General Assembly, in such amounts and at such times as
11 the Department, with the advice and recommendation approval
12 of the Board, may deem necessary or desirable for the
13 purposes of this Act.
14 (b) The Department shall develop a written plan
15 containing measurable 3-year and 10-year goals and objectives
16 in regard to the funding of coal research and coal
17 demonstration and commercialization projects, and programs
18 designed to preserve and enhance markets for Illinois coal.
19 In developing these goals and objectives, the Department
20 shall consider and determine the appropriate balance for the
21 achievement of near-term and long-term goals and objectives
22 and of ensuring the timely commercial application of
23 cost-effective technologies or energy and chemical production
24 processes or systems utilizing coal. The Department shall
25 develop the initial goals and objectives no later than
26 December 1, 1993, and develop revised goals and objectives no
27 later than July 1 annually thereafter.
28 (c) In addition to any other permitted use of moneys in
29 the Fund, and notwithstanding any restriction on the use of
30 the Fund, moneys in the Coal Technology Development
31 Assistance Fund may be transferred to the General Revenue
32 Fund as authorized by this amendatory Act of 1992. The
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1 General Assembly finds that an excess of moneys exists in the
2 Fund. On February 1, 1992, the Comptroller shall order
3 transferred and the Treasurer shall transfer $500,000 (or
4 such lesser amount as may be on deposit in the Fund and
5 unexpended and unobligated on that date) from the Fund to the
6 General Revenue Fund.
7 (Source: P.A. 88-391; 89-499, eff. 6-28-96.)
8 (30 ILCS 730/6) (from Ch. 96 1/2, par. 8206)
9 Sec. 6. Coal demonstration and commercialization
10 project. No expenditure from the Fund may be made for any
11 coal demonstration and commercialization project until it has
12 been approved by the Department with the advice and
13 recommendation of the Board.
14 A specific proposal shall be deemed approved if the Board
15 fails to act on it within the 45-day period.
16 All coal research projects shall be submitted to the
17 Department, with the advice and recommendation of the
18 Illinois Coal Development Board, for approval as provided in
19 Section 8 of the Energy Conservation and Coal Development Act
20 "An Act in relation to natural resources, research, data
21 collection and environmental studies", approved July 14,
22 1978, as amended.
23 (Source: P.A. 84-1070.)".