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Public Act 097-0491
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| HB1458 Enrolled | LRB097 05385 PJG 45442 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Power Agency Act is amended by |
changing Section 1-10 as follows:
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(20 ILCS 3855/1-10)
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Sec. 1-10. Definitions. |
"Agency" means the Illinois Power Agency. |
"Agency loan agreement" means any agreement pursuant to |
which the Illinois Finance Authority agrees to loan the |
proceeds of revenue bonds issued with respect to a project to |
the Agency upon terms providing for loan repayment installments |
at least sufficient to pay when due all principal of, interest |
and premium, if any, on those revenue bonds, and providing for |
maintenance, insurance, and other matters in respect of the |
project. |
"Authority" means the Illinois Finance Authority. |
"Clean coal facility" means an electric generating |
facility that uses primarily coal as a feedstock and that |
captures and sequesters carbon emissions at the following |
levels: at least 50% of the total carbon emissions that the |
facility would otherwise emit if, at the time construction |
commences, the facility is scheduled to commence operation |
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before 2016, at least 70% of the total carbon emissions that |
the facility would otherwise emit if, at the time construction |
commences, the facility is scheduled to commence operation |
during 2016 or 2017, and at least 90% of the total carbon |
emissions that the facility would otherwise emit if, at the |
time construction commences, the facility is scheduled to |
commence operation after 2017. The power block of the clean |
coal facility shall not exceed allowable emission rates for |
sulfur dioxide, nitrogen oxides, carbon monoxide, particulates |
and mercury for a natural gas-fired combined-cycle facility the |
same size as and in the same location as the clean coal |
facility at the time the clean coal facility obtains an |
approved air permit. All coal used by a clean coal facility |
shall have high volatile bituminous rank and greater than 1.7 |
pounds of sulfur per million btu content, unless the clean coal |
facility does not use gasification technology and was operating |
as a conventional coal-fired electric generating facility on |
June 1, 2009 (the effective date of Public Act 95-1027). |
"Clean coal SNG facility" means a facility that uses a |
gasification process to produce substitute natural gas, that |
sequesters at least 90% of the total carbon emissions that the |
facility would otherwise emit and that uses petroleum coke or |
coal as a feedstock, with all such coal having a high |
bituminous rank and greater than 1.7 pounds of sulfur per |
million btu content. |
"Commission" means the Illinois Commerce Commission. |
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"Costs incurred in connection with the development and |
construction of a facility" means: |
(1) the cost of acquisition of all real property and |
improvements in connection therewith and equipment and |
other property, rights, and easements acquired that are |
deemed necessary for the operation and maintenance of the |
facility; |
(2) financing costs with respect to bonds, notes, and |
other evidences of indebtedness of the Agency; |
(3) all origination, commitment, utilization, |
facility, placement, underwriting, syndication, credit |
enhancement, and rating agency fees; |
(4) engineering, design, procurement, consulting, |
legal, accounting, title insurance, survey, appraisal, |
escrow, trustee, collateral agency, interest rate hedging, |
interest rate swap, capitalized interest and other |
financing costs, and other expenses for professional |
services; and |
(5) the costs of plans, specifications, site study and |
investigation, installation, surveys, other Agency costs |
and estimates of costs, and other expenses necessary or |
incidental to determining the feasibility of any project, |
together with such other expenses as may be necessary or |
incidental to the financing, insuring, acquisition, and |
construction of a specific project and placing that project |
in operation. |
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"Department" means the Department of Commerce and Economic |
Opportunity. |
"Director" means the Director of the Illinois Power Agency. |
"Demand-response" means measures that decrease peak |
electricity demand or shift demand from peak to off-peak |
periods. |
"Energy efficiency" means measures that reduce the amount |
of electricity or natural gas required to achieve a given end |
use. |
"Electric utility" has the same definition as found in |
Section 16-102 of the Public Utilities Act. |
"Facility" means an electric generating unit or a |
co-generating unit that produces electricity along with |
related equipment necessary to connect the facility to an |
electric transmission or distribution system. |
"Governmental aggregator" means one or more units of local |
government that individually or collectively procure |
electricity to serve residential retail electrical loads |
located within its or their jurisdiction. |
"Local government" means a unit of local government as |
defined in Article VII of Section 1 of the Illinois |
Constitution. |
"Municipality" means a city, village, or incorporated |
town. |
"Person" means any natural person, firm, partnership, |
corporation, either domestic or foreign, company, association, |
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limited liability company, joint stock company, or association |
and includes any trustee, receiver, assignee, or personal |
representative thereof. |
"Project" means the planning, bidding, and construction of |
a facility. |
"Public utility" has the same definition as found in |
Section 3-105 of the Public Utilities Act. |
"Real property" means any interest in land together with |
all structures, fixtures, and improvements thereon, including |
lands under water and riparian rights, any easements, |
covenants, licenses, leases, rights-of-way, uses, and other |
interests, together with any liens, judgments, mortgages, or |
other claims or security interests related to real property. |
"Renewable energy credit" means a tradable credit that |
represents the environmental attributes of a certain amount of |
energy produced from a renewable energy resource. |
"Renewable energy resources" includes energy and its |
associated renewable energy credit or renewable energy credits |
from wind, solar thermal energy, photovoltaic cells and panels, |
biodiesel, anaerobic digestion, crops and untreated and |
unadulterated organic waste biomass, tree waste, hydropower |
that does not involve new construction or significant expansion |
of hydropower dams, and other alternative sources of |
environmentally preferable energy. For purposes of this Act, |
landfill gas produced in the State is considered a renewable |
energy resource. "Renewable energy resources" does not include |
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the incineration or burning of tires, garbage, general |
household, institutional, and commercial waste, industrial |
lunchroom or office waste, landscape waste other than tree |
waste, railroad crossties, utility poles, or construction or |
demolition debris, other than untreated and unadulterated |
waste wood. |
"Revenue bond" means any bond, note, or other evidence of |
indebtedness issued by the Authority, the principal and |
interest of which is payable solely from revenues or income |
derived from any project or activity of the Agency. |
"Sequester" means permanent storage of carbon dioxide by |
injecting it into a saline aquifer, a depleted gas reservoir, |
or an oil reservoir, directly or through an enhanced oil |
recovery process that may involve intermediate storage in a |
salt dome. |
"Servicing agreement" means (i) in the case of an electric |
utility, an agreement between the owner of a clean coal |
facility and such electric utility, which agreement shall have |
terms and conditions meeting the requirements of paragraph (3) |
of subsection (d) of Section 1-75, and (ii) in the case of an |
alternative retail electric supplier, an agreement between the |
owner of a clean coal facility and such alternative retail |
electric supplier, which agreement shall have terms and |
conditions meeting the requirements of Section 16-115(d)(5) of |
the Public Utilities Act. |
"Substitute natural gas" or "SNG" means a gas manufactured |
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by gasification of hydrocarbon feedstock, which is |
substantially interchangeable in use and distribution with |
conventional natural gas. |
"Total resource cost test" or "TRC test" means a standard |
that is met if, for an investment in energy efficiency or |
demand-response measures, the benefit-cost ratio is greater |
than one. The benefit-cost ratio is the ratio of the net |
present value of the total benefits of the program to the net |
present value of the total costs as calculated over the |
lifetime of the measures. A total resource cost test compares |
the sum of avoided electric utility costs, representing the |
benefits that accrue to the system and the participant in the |
delivery of those efficiency measures, as well as other |
quantifiable societal benefits, including avoided natural gas |
utility costs, to the sum of all incremental costs of end-use |
measures that are implemented due to the program (including |
both utility and participant contributions), plus costs to |
administer, deliver, and evaluate each demand-side program, to |
quantify the net savings obtained by substituting the |
demand-side program for supply resources. In calculating |
avoided costs of power and energy that an electric utility |
would otherwise have had to acquire, reasonable estimates shall |
be included of financial costs likely to be imposed by future |
regulations and legislation on emissions of greenhouse gases.
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(Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09; |
95-1027, eff. 6-1-09; 96-33, eff. 7-10-09; 96-159, eff. |