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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Executive Order 3 (2017) Implementation Act. |
6 | | Section 5. Effect. This Act, including all of the |
7 | | amendatory provisions of this Act, implements and supersedes |
8 | | the provisions of Executive Order 3 (2017) concerning the |
9 | | transfer of rights, powers, duties, responsibilities, |
10 | | employees, property, funds, and functions from the Department |
11 | | of Commerce and Economic Opportunity to the Department of |
12 | | Natural Resources. |
13 | | Section 10. Functions transferred. On the effective date of |
14 | | this Act or as soon thereafter as practical, all powers, |
15 | | duties, rights, and responsibilities of the Office of Coal |
16 | | Development and Marketing established in accordance with the |
17 | | Energy Conservation and Coal Development Act under the |
18 | | Department of Commerce and Economic Opportunity are |
19 | | transferred to the Department of Natural Resources. All of the |
20 | | general powers reasonably necessary and convenient to |
21 | | implement and administer the Office of Coal Development and |
22 | | Marketing are vested in and shall be exercised by the |
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1 | | Department of Natural Resources. |
2 | | Section 20. Representation on boards or other entities. The |
3 | | manner in which any official is appointed, except that whenever |
4 | | any previous Executive Order or any statute provides for |
5 | | membership on any board, commission, authority, or other entity |
6 | | by a representative or designee of the Department of Commerce |
7 | | and Economic Opportunity with responsibility for the functions |
8 | | transferred to the Department of Natural Resources, the |
9 | | Director of Natural Resources shall designate the same number |
10 | | of representatives or designees of the Department of Natural |
11 | | Resources; |
12 | | (1) whether the nomination or appointment of any official |
13 | | is subject to the advice and consent of the Senate; |
14 | | (2) any eligibility or qualification requirements |
15 | | pertaining to service as an official; or |
16 | | (3) the service or term of any incumbent official serving |
17 | | as of the effective date of this Act. |
18 | | Section 25. Personnel transferred. |
19 | | (b) Personnel and positions within the Department of |
20 | | Commerce and Economic Opportunity that are engaged in the |
21 | | performance of the Office of Coal Development and Marketing |
22 | | functions transferred to the Department of Natural Resources |
23 | | under this Act are transferred to and shall continue their |
24 | | service within the Department of Natural Resources. The status |
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1 | | and rights of those employees under the Personnel Code shall |
2 | | not be affected by this Act. The status and rights of the |
3 | | employees and the State of Illinois and its agencies under the |
4 | | Personnel Code, the Illinois Public Labor Relations Act, and |
5 | | applicable collective bargaining agreements or under any |
6 | | pension, retirement, or annuity plan shall not be affected by |
7 | | this Act. |
8 | | Section 30. Books and records transferred. All books, |
9 | | records, papers, documents, property (real and personal), |
10 | | contracts, causes of action, and pending business pertaining to |
11 | | the powers, duties, rights, and responsibilities transferred |
12 | | related to any of the functions of the Office of Coal |
13 | | Development and Marketing transferred under this Act from the |
14 | | Department of Commerce and Economic Opportunity to the |
15 | | Department of Natural Resources, including, but not limited to, |
16 | | material in electronic or magnetic format and necessary |
17 | | computer hardware and software, shall be transferred to the |
18 | | Department of Natural Resources. |
19 | | Section 35. Successor agencies; unexpended moneys |
20 | | transferred. With respect to the functions of the Office of |
21 | | Coal Development and Marketing transferred under this Act, the |
22 | | Department of Natural Resources is the successor agency to the |
23 | | Department of Commerce and Economic Opportunity under the |
24 | | Successor Agency Act and Section 9b of the State Finance Act. |
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1 | | All unexpended appropriations and balances and other funds |
2 | | available for use by the Office of Coal Development and |
3 | | Marketing shall, pursuant to the direction of the Governor, be |
4 | | transferred for use by the Department of Natural Resources in |
5 | | accordance with this Act. Unexpended balances so transferred |
6 | | shall be expended by the Department of Natural Resources only |
7 | | for the purpose for which the appropriations were originally |
8 | | made. |
9 | | Section 40. Reports, notices, or papers. |
10 | | (a) Whenever reports or notices are required to be made or |
11 | | given or papers or documents furnished or served by any person |
12 | | to or upon the Department of Commerce and Economic Opportunity |
13 | | in connection with any of the powers, duties, rights, or |
14 | | responsibilities transferred by this Act to the Environmental |
15 | | Protection Agency, the same shall be made, given, furnished, or |
16 | | served in the same manner to or upon the Environmental |
17 | | Protection Agency.
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18 | | (b) Whenever reports or notices are required to be made or |
19 | | given or papers or documents furnished or served by any person |
20 | | to or upon the Department of Commerce and Economic Opportunity |
21 | | in connection with any of the powers, duties, rights, or |
22 | | responsibilities transferred by this Act to the Department of |
23 | | Natural Resources, the same shall be made, given, furnished, or |
24 | | served in the same manner to or upon the Department of Natural |
25 | | Resources. |
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1 | | Section 45. Office of Coal Development and Marketing; |
2 | | rules. |
3 | | (a) Any rules that (1) relate to the functions of the |
4 | | Office of Coal Development and Marketing transferred to the |
5 | | Department of Natural Resources by this Act, (2) are in full |
6 | | force on the effective date of Executive Order 3 (2017), and |
7 | | (3) have been duly adopted by the Department of Commerce and |
8 | | Economic Opportunity shall become the rules of the Department |
9 | | of Natural Resources. This Act does not affect the legality of |
10 | | any such rules in the Illinois Administrative Code. |
11 | | (b) Any proposed rule filed with the Secretary of State by |
12 | | the Department of Commerce and Economic Opportunity that |
13 | | pertains to the functions of the Office of Coal Development and |
14 | | Marketing transferred to the Department of Natural Resources by |
15 | | this Act and that is pending in the rulemaking process on the |
16 | | effective date of Executive Order 3 (2017) shall be deemed to |
17 | | have been filed by the Department of Natural Resources. |
18 | | (c) On and after the effective date of this Act, the |
19 | | Department of Natural Resources may propose and adopt, under |
20 | | the Illinois Administrative Procedure Act, other rules that |
21 | | relate to the functions of the Office of Coal Development and |
22 | | Marketing transferred to the Department of Natural Resources by |
23 | | this Act. |
24 | | Section 50. Rights, obligations, and duties unaffected by |
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1 | | transfer. The transfer of powers, duties, rights, and |
2 | | responsibilities to the Department of Natural Resources under |
3 | | this Act does not affect any person's rights, obligations, or |
4 | | duties, including any civil or criminal penalties applicable |
5 | | thereto, arising out of those transferred powers, duties, |
6 | | rights, and responsibilities. |
7 | | Section 55. Acts and actions unaffected by transfer. |
8 | | (a) This Act does not affect any act done, ratified, or |
9 | | canceled, or any right occurring or established, before the |
10 | | effective date of Executive Order 3 (2017) in connection with |
11 | | any function of the Office of Energy and Recycling transferred |
12 | | under this Act. |
13 | | (b) This Act does not affect any act done, ratified, or |
14 | | canceled, or any right occurring or established, before the |
15 | | effective date of Executive Order 3 (2017) in connection with |
16 | | any function of the Office of Coal Development and Marketing |
17 | | transferred under this Act.
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18 | | (c) This Act does not affect any action or proceeding had |
19 | | or commenced before the effective date of Executive Order 3 |
20 | | (2017) in an administrative, civil, or criminal cause regarding |
21 | | a function of the Office of Coal Development and Marketing |
22 | | transferred from the Department of Commerce and Economic |
23 | | Opportunity, but any such action or proceeding may be defended, |
24 | | prosecuted, or continued by the Department of Natural |
25 | | Resources. |
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1 | | Section 60. Exercise of transferred powers; savings |
2 | | provisions. The powers, duties, rights, and responsibilities |
3 | | related to the functions of the Office of Coal Development and |
4 | | Marketing transferred under this Act are vested in and shall be |
5 | | exercised by the Department of Natural Resources. Each act done |
6 | | in the exercise of those powers, duties, rights, and |
7 | | responsibilities shall have the same legal effect as if done by |
8 | | the Department of Commerce and Economic Opportunity or its |
9 | | divisions, officers, or employees. |
10 | | Section 65. Relationship to other laws. |
11 | | (a) From the effective date of the reorganization under |
12 | | this Act, and as long as the reorganization remains in effect, |
13 | | the operation of any prior Act of the General Assembly |
14 | | inconsistent with this reorganization is suspended to the |
15 | | extent of the inconsistency. |
16 | | (b) This Act does not contravene, and shall not be |
17 | | construed to contravene, any: federal law; State statute, |
18 | | except as provided in subsection (a) of this Section; or |
19 | | collective bargaining agreement. |
20 | | Section 70. Annual report concerning transfers. The |
21 | | Department of Natural Resources shall provide a report to the |
22 | | General Assembly not later than December 31, 2017 and annually |
23 | | thereafter for 3 years, that includes an analysis of the effect |
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1 | | of the reorganization under this Act related to the Department |
2 | | on State government and the Illinois taxpayers. The report |
3 | | shall also include recommendations for further legislation |
4 | | relating to the implementation of the reorganization. A copy of |
5 | | each report shall be filed with the General Assembly as |
6 | | provided under Section 3.1 of the General Assembly Organization |
7 | | Act. |
8 | | Section 905. The Department of Natural Resources Act is |
9 | | amended by changing Section 80-20 as follows:
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10 | | (20 ILCS 801/80-20)
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11 | | Sec. 80-20. Transfer of powers.
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12 | | (a) Except as otherwise provided in this Act, all of the |
13 | | rights, powers,
and duties vested by law in the Department of |
14 | | Conservation or in any office,
division, or bureau thereof are |
15 | | retained by the Department of Natural
Resources.
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16 | | All of the rights, powers, and duties vested by law in the |
17 | | Department of
Conservation, or in any office, division, or |
18 | | bureau thereof, pertaining to the
Lincoln Monument are |
19 | | transferred to the Historic Preservation Agency.
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20 | | (b) Except as otherwise provided in this Act, all of the |
21 | | rights, powers,
and duties vested by law in the Department of |
22 | | Energy and Natural Resources or
in any office, division, or |
23 | | bureau thereof are transferred to the Department of
Natural |
24 | | Resources.
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1 | | All of the rights, powers, and duties vested by law in the |
2 | | Department of
Energy and Natural Resources, or in any office, |
3 | | division, or bureau thereof,
pertaining to recycling programs |
4 | | and solid waste management, energy
conservation and |
5 | | alternative energy programs, coal development and marketing
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6 | | programs, and Exxon overcharge matters are transferred to the |
7 | | Department of
Commerce and Community Affairs (now Department of |
8 | | Commerce and Economic Opportunity) , except for those rights, |
9 | | powers, and duties transferred to the Environmental Protection |
10 | | Agency or the Department of Natural Resources under the |
11 | | Executive Order 3 (2017) Implementation Act .
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12 | | (c) All of the rights, powers, and duties vested by law in |
13 | | the Department of
Mines and Minerals or in any office, |
14 | | division, or bureau thereof are
transferred to the Department |
15 | | of Natural Resources.
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16 | | (d) All of the rights, powers, and duties vested by law in |
17 | | the Abandoned
Mined Lands Reclamation Council or in any office, |
18 | | division, or bureau thereof
are transferred to the Department |
19 | | of Natural Resources.
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20 | | (e) All of the rights, powers, and duties vested by law in |
21 | | the Division of
Water Resources of the Department of |
22 | | Transportation or in any office, division,
or bureau thereof |
23 | | are transferred to the Department of Natural Resources.
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24 | | (Source: P.A. 94-793, eff. 5-19-06.)
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25 | | Section 910. The Energy Conservation and Coal Development |
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1 | | Act is amended by changing Sections 1 and 3 as follows:
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2 | | (20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
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3 | | Sec. 1. Definitions; transfer of duties.
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4 | | (a) For the purposes of this Act, unless the context |
5 | | otherwise requires:
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6 | | "Department" means the Department of Natural Resources |
7 | | Commerce and Economic Opportunity .
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8 | | "Director" means the Director of Natural Resources |
9 | | Commerce and Economic Opportunity .
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10 | | (b) As provided in Section 80-20 of the Department of |
11 | | Natural Resources
Act, the Department of Commerce and Community |
12 | | Affairs (now Department of Commerce and Economic Opportunity)
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13 | | shall assume the rights,
powers, and duties of the former |
14 | | Department of Energy and Natural Resources
under this Act, |
15 | | except as those rights, powers, and duties are otherwise
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16 | | allocated or transferred by law. On and after the effective |
17 | | date of this amendatory Act of the 100th General Assembly, the |
18 | | rights, powers, and duties of the Department of Commerce and |
19 | | Economic Opportunity under this Act are transferred to the |
20 | | Department of Natural Resources.
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21 | | (Source: P.A. 94-793, eff. 5-19-06.)
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22 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
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23 | | Sec. 3. Powers and duties.
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24 | | (a) In addition to its other powers, the Department has the |
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1 | | following
powers:
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2 | | (1) To administer for the State any energy programs and |
3 | | activities
under federal law, regulations or guidelines, |
4 | | and to coordinate such
programs and activities with other |
5 | | State agencies, units of local
government, and educational |
6 | | institutions.
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7 | | (2) To represent the State in energy matters involving |
8 | | the federal
government, other states, units of local |
9 | | government, and regional
agencies.
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10 | | (3) To prepare energy contingency plans for |
11 | | consideration by the
Governor and the General Assembly. |
12 | | Such plans shall include procedures
for determining when a |
13 | | foreseeable danger exists of energy shortages,
including |
14 | | shortages of petroleum, coal, nuclear power, natural gas, |
15 | | and
other forms of energy, and shall specify the actions to |
16 | | be taken to
minimize hardship and maintain the general |
17 | | welfare during such energy
shortages.
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18 | | (4) To cooperate with State colleges and universities |
19 | | and their
governing boards in energy programs and |
20 | | activities.
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21 | | (5) (Blank).
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22 | | (6) To accept, receive, expend, and administer, |
23 | | including by
contracts and grants to other State agencies, |
24 | | any energy-related gifts,
grants, cooperative agreement |
25 | | funds, and other funds made available to
the Department by |
26 | | the federal government and other public and private
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1 | | sources.
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2 | | (7) To investigate practical problems, seek and |
3 | | utilize financial
assistance, implement studies and |
4 | | conduct research relating to the
production, distribution |
5 | | and use of alcohol fuels.
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6 | | (8) To serve as a clearinghouse for information on |
7 | | alcohol production
technology; provide assistance, |
8 | | information and data relating to the production
and use of |
9 | | alcohol; develop informational packets and brochures, and |
10 | | hold
public seminars to encourage the development and |
11 | | utilization of the best
available technology.
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12 | | (9) To coordinate with other State agencies in order to |
13 | | promote the
maximum flow of information and to avoid |
14 | | unnecessary overlapping of alcohol
fuel programs. In order |
15 | | to effectuate this goal, the Director of the
Department or |
16 | | his representative shall consult with the Directors, or |
17 | | their
representatives, of the Departments of Agriculture, |
18 | | Central Management
Services, Transportation, and Revenue, |
19 | | the
Office of the State Fire Marshal, and the Environmental |
20 | | Protection Agency.
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21 | | (10) To operate, within the Department, an Office of |
22 | | Coal Development
and Marketing for the promotion and |
23 | | marketing of Illinois coal both
domestically and |
24 | | internationally. The Department may use monies |
25 | | appropriated
for this purpose for necessary administrative |
26 | | expenses.
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1 | | The
Office of Coal Development and Marketing shall |
2 | | develop and implement an
initiative to assist the coal |
3 | | industry in Illinois to increase its share of the
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4 | | international coal market.
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5 | | (11) To assist the Department of Central Management |
6 | | Services in
establishing and maintaining a system to |
7 | | analyze and report energy
consumption of facilities leased |
8 | | by the Department of Central Management
Services.
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9 | | (12) To consult with the Department Departments of |
10 | | Natural Resources and
Transportation and the Illinois |
11 | | Environmental
Protection Agency for the purpose of |
12 | | developing methods and standards that
encourage the |
13 | | utilization of coal combustion by-products as value added
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14 | | products in productive and benign applications.
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15 | | (13) To provide technical assistance and information |
16 | | to
sellers and distributors of storage hot water heaters |
17 | | doing business in
Illinois, pursuant to Section 1 of the |
18 | | Hot Water Heater Efficiency Act.
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19 | | (b) (Blank).
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20 | | (c) (Blank).
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21 | | (d) The Department shall develop a package of educational |
22 | | materials
containing information regarding the necessity of |
23 | | waste reduction and recycling to reduce
dependence on landfills |
24 | | and to maintain environmental quality. The
Department shall |
25 | | make this information available to the public on its website |
26 | | and for schools to access for their development of materials. |
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1 | | Those materials shall be suitable for instructional use in |
2 | | grades 3, 4
and 5.
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3 | | (e) (Blank).
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4 | | (f) (Blank).
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5 | | (g) (Blank).
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6 | | (h) (Blank).
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7 | | (i) (Blank).
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8 | | (Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
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9 | | Section 915. The Clean Coal FutureGen for Illinois Act of |
10 | | 2011 is amended by changing Section 15 as follows: |
11 | | (20 ILCS 1108/15)
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12 | | Sec. 15. Definitions. For the purposes of this Act: |
13 | | "Agency" means the Illinois Environmental Protection |
14 | | Agency or the United States Environmental Protection Agency |
15 | | depending upon which agency has primacy for the CO 2 injection |
16 | | permit. |
17 | | "Captured CO 2 " means CO 2 and other trace chemical |
18 | | constituents approved by the Agency for injection into the |
19 | | Mount Simon Formation. |
20 | | "Carbon capture and storage" means the process of |
21 | | collecting captured CO 2 from coal combustion by-products for |
22 | | the purpose of injecting and storing the captured CO 2 for |
23 | | permanent storage. |
24 | | "Carbon dioxide" or "CO 2 " means a colorless, odorless gas |
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1 | | in the form of one carbon and 2 oxygen atoms that is the |
2 | | principal greenhouse gas. |
3 | | "Department" means the Department of Natural Resources |
4 | | Commerce and Economic Opportunity . |
5 | | "Director" means the Director of Natural Resources |
6 | | Commerce and Economic Opportunity . |
7 | | "Federal Department" means the federal Department of |
8 | | Energy. |
9 | | "FutureGen Alliance" is a 501(c)(3) non-profit consortium |
10 | | of coal and energy producers created to benefit the public |
11 | | interest and the interest of science through the research, |
12 | | development, and demonstration of near zero-emission coal |
13 | | technology, with the cooperation of the Federal Department. |
14 | | "FutureGen Project" means the public-private partnership |
15 | | between the Federal Department, the FutureGen Alliance, and |
16 | | other partners that will control captured CO 2 and will |
17 | | construct and operate a pipeline and storage field for captured |
18 | | CO 2 . |
19 | | "Mount Simon Formation" means the deep sandstone reservoir |
20 | | into which the sequestered CO 2 is to be injected at a depth |
21 | | greater than 3,500 feet below ground surface and that is |
22 | | bounded by the granitic basement below and the Eau Claire Shale |
23 | | above. |
24 | | "Operator" means the FutureGen Alliance and its member |
25 | | companies, including their parent companies, subsidiaries, |
26 | | affiliates, directors, officers, employees, and agents, or a |
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1 | | not-for-profit successor-in-interest approved by the |
2 | | Department. |
3 | | "Operations phase" means the period of time during which |
4 | | the Operator injects and simultaneously monitors CO 2 into the |
5 | | Mount Simon Formation in accordance with its permit approved by |
6 | | the Agency for the FutureGen Project. |
7 | | "Post-injection" means after the captured CO 2 has been |
8 | | successfully injected into the wellhead at the point at which |
9 | | the captured CO 2 is transferred into the wellbore for carbon |
10 | | sequestration and storage into the Mount Simon Formation. |
11 | | "Pre-injection" means all activities and occurrences prior |
12 | | to successful delivery into the wellhead at the point at which |
13 | | the captured CO 2 is transferred into the wellbore for carbon |
14 | | sequestration and storage into the Mount Simon Formation, |
15 | | including but not limited to, the operation of the FutureGen |
16 | | Project. |
17 | | "Public liability" means any civil legal liability arising |
18 | | out of or resulting from the storage, escape, release, or |
19 | | migration of the sequestered CO 2 that was injected by the |
20 | | Operator. The term "public liability", however, does not |
21 | | include any legal liability arising out of or resulting from |
22 | | the construction, operation, or other pre-injection activity |
23 | | of the Operator or any other third party. |
24 | | "Public liability action" or "action" means a written |
25 | | demand, lawsuit, or claim from any third party received by the |
26 | | Operator seeking a remedy or alleging liability on behalf of |
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1 | | Operator resulting from any public liability and is limited to |
2 | | such written demands, claims, or lawsuits asserting claims for |
3 | | property damages, personal or bodily injury damages, |
4 | | environmental damages, or trespass. |
5 | | "Sequestered CO 2 " means the captured CO 2 from the FutureGen |
6 | | Project operations that is injected into the Mount Simon |
7 | | Formation by the Operator.
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8 | | (Source: P.A. 97-618, eff. 10-26-11.) |
9 | | Section 920. The Illinois Coal and Energy Development Bond |
10 | | Act is amended by changing Sections 3, 3.1, 6, and 11 as |
11 | | follows:
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12 | | (20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
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13 | | Sec. 3. The Department of Natural Resources Commerce and |
14 | | Economic Opportunity shall have the
following powers and |
15 | | duties:
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16 | | (a) To solicit, accept and expend gifts, grants or any form |
17 | | of
assistance, from any source, including but not limited to, |
18 | | the federal
government or any agency thereof;
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19 | | (b) To enter into contracts, including, but not limited to, |
20 | | service
contracts, with business, industrial, university,
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21 | | governmental or other qualified individuals or organizations |
22 | | to promote
development of coal and other energy resources. Such |
23 | | contracts may be
for, but are not limited to, the following |
24 | | purposes: (1) the
commercial application of existing |
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1 | | technology for development of coal
resources, (2) to initiate |
2 | | or complete development of new technology for
development of |
3 | | coal resources, and (3) for planning, design,
acquisition, |
4 | | development, construction, improvement and financing a site
or |
5 | | sites and facilities for establishing plants, projects or
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6 | | demonstrations for development of coal resources and research,
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7 | | development and demonstration of alternative forms of energy; |
8 | | and
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9 | | (c) In the exercise of other powers granted it under this |
10 | | Act, to
acquire property, real, personal or mixed, including |
11 | | any rights therein,
by exercise of the power of condemnation in |
12 | | accordance with the
procedures provided for the exercise of |
13 | | eminent domain under the Eminent Domain Act, provided, however, |
14 | | the power of
condemnation shall be exercised solely for the |
15 | | purposes of
siting and/or rights of way and/or easements |
16 | | appurtenant to coal
utilization and/or coal conversion |
17 | | projects. The Department shall not
exercise its powers of |
18 | | condemnation until it has used reasonable good
faith efforts to |
19 | | acquire such property before filing a petition for
condemnation |
20 | | and may thereafter use such powers when it determines that
such |
21 | | condemnation of property rights is necessary to avoid |
22 | | unreasonable
delay or economic hardship to the progress of |
23 | | activities carried out in
the exercise of powers granted under |
24 | | this Act. After June 30, 1985, the
Department shall not |
25 | | exercise its power of condemnation for a project
which does not |
26 | | receive State or U.S. Government funding. Before use of
the |
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1 | | power of condemnation for projects not receiving State or U.S.
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2 | | Government funding, the Department shall hold a public hearing |
3 | | to
receive comments on the exercise of the power of |
4 | | condemnation. The
Department shall use the information |
5 | | received at hearing in making its
final decision on the |
6 | | exercise of the power of condemnation. The
hearing shall be |
7 | | held in a location reasonably accessible to the public
|
8 | | interested in the decision. The Department shall promulgate |
9 | | guidelines
for the conduct of the hearing.
|
10 | | (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
|
11 | | (20 ILCS 1110/3.1) (from Ch. 96 1/2, par. 4103.1)
|
12 | | Sec. 3.1. The Department of Natural Resources Commerce and |
13 | | Economic Opportunity is authorized to
enter into agreements |
14 | | with a county or counties and expend funds authorized by
this |
15 | | Act for purposes set forth in the County Coal Processing Act.
|
16 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
17 | | (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) |
18 | | Sec. 6. The Department of Natural Resources Commerce and |
19 | | Economic Opportunity is authorized to use general obligation |
20 | | bond funds for the purposes of issuing grants in accordance |
21 | | with this Act and the General Obligation Bond Act. |
22 | | (Source: P.A. 96-1465, eff. 8-20-10.)
|
23 | | (20 ILCS 1110/11) (from Ch. 96 1/2, par. 4111)
|
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1 | | Sec. 11. Expenditure of funds. At all times, the proceeds |
2 | | from the sale of
Bonds are subject to appropriation by the |
3 | | General Assembly and may be expended
in such amounts and at |
4 | | such times as the Department of Natural Resources Commerce and |
5 | | Economic Opportunity , with the approval of the Illinois Energy |
6 | | Resources Commission, may
deem necessary or desirable for the |
7 | | specific purposes contemplated by this Act.
|
8 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
9 | | Section 925. The General Obligation Bond Act is amended by |
10 | | changing Section 7 as follows: |
11 | | (30 ILCS 330/7) (from Ch. 127, par. 657) |
12 | | Sec. 7. Coal and Energy Development. The amount of |
13 | | $242,700,000 is
authorized to be used by the Department of |
14 | | Natural Resources Commerce and Economic Opportunity (formerly |
15 | | Department of Commerce and Community Affairs) for
coal and |
16 | | energy development purposes, pursuant to Sections 2, 3 and 3.1 |
17 | | of the
Illinois Coal and Energy Development Bond Act, for the |
18 | | purposes
specified
in Section 8.1 of the Energy Conservation |
19 | | and Coal Development Act, including, but not limited to, for |
20 | | the purpose of development costs; and for
the purposes |
21 | | specified in Section 605-332 of the Department of Commerce and
|
22 | | Economic Opportunity Law of the Civil Administrative Code of |
23 | | Illinois, and for the purpose of facility cost reports prepared |
24 | | pursuant to Sections 1-58 or 1-75(d)(4) of the Illinois Power |
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1 | | Agency Act and for the purpose of development costs pursuant to |
2 | | Section 8.1 of the Energy Conservation and Coal Development |
3 | | Act. Of this
amount: |
4 | | (a) $143,500,000 is
for the specific purposes of |
5 | | acquisition,
development, construction, reconstruction, |
6 | | improvement, financing,
architectural and technical planning |
7 | | and installation of capital facilities
consisting of |
8 | | buildings, structures, durable equipment, and land for the
|
9 | | purpose of capital development of coal resources within the |
10 | | State and for the
purposes specified in Section 8.1 of the |
11 | | Energy Conservation and Coal
Development Act; |
12 | | (b) $35,000,000 is for the purposes specified in Section |
13 | | 8.1 of the
Energy
Conservation and Coal Development Act and |
14 | | making grants to generating stations and coal gasification |
15 | | facilities within the State of Illinois and to the owner of a
|
16 | | generating station
located in Illinois and having at least |
17 | | three coal-fired generating units
with accredited summer |
18 | | capability greater than 500 megawatts each at such
generating |
19 | | station as provided in Section 6 of that Bond Act; |
20 | | (c) $13,200,000 is for research, development and |
21 | | demonstration
of forms of energy
other than that derived from |
22 | | coal, either on or off State property; |
23 | | (d) $0 is for the purpose of providing financial assistance |
24 | | to
new
electric generating facilities as provided in Section |
25 | | 605-332 of the Department
of Commerce and Economic Opportunity |
26 | | Law of the Civil Administrative Code of
Illinois; and |
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1 | | (e) $51,000,000 is for the purpose of facility cost reports |
2 | | prepared for not more than one facility pursuant to Section |
3 | | 1-75(d)(4) of the Illinois Power Agency Act and not more than |
4 | | one facility pursuant to Section 1-58 of the Illinois Power |
5 | | Agency Act and for the purpose of up to $6,000,000 of |
6 | | development costs pursuant to Section 8.1 of the Energy |
7 | | Conservation and Coal Development Act. |
8 | | (Source: P.A. 98-94, eff. 7-17-13; 98-781, eff. 7-22-14.) |
9 | | Section 930. The Illinois Coal Technology Development |
10 | | Assistance Act is amended by changing Sections 2 and 4 as |
11 | | follows:
|
12 | | (30 ILCS 730/2) (from Ch. 96 1/2, par. 8202)
|
13 | | Sec. 2. As used in this Act:
|
14 | | (a) "coal" or "coal resources" means Illinois coal or coal |
15 | | products
extracted from the ground or reclaimed from the waste |
16 | | material produced by
coal extraction operations;
|
17 | | (b) "coal demonstration and commercialization" means |
18 | | projects for the
construction and operation of facilities to |
19 | | prove the scientific and
engineering validity or the commercial |
20 | | application of a coal extraction,
preparation, combustion, |
21 | | gasification, liquefaction or other synthetic process,
|
22 | | environmental control, or transportation method;
|
23 | | (c) "coal research" means scientific investigations |
24 | | conducted for the
purpose of increasing the utilization of coal |
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1 | | resources and includes
investigations in the areas of |
2 | | extraction, preparation, characterization,
combustion, |
3 | | gasification, liquefaction and other synthetic processes,
|
4 | | environmental control, marketing, transportation, procurement |
5 | | of sites, and
environmental impacts;
|
6 | | (d) "Fund" means the Coal Technology Development |
7 | | Assistance Fund;
|
8 | | (e) "Board" means the Illinois Coal Development Board or |
9 | | its successor;
|
10 | | (f) "Department" means the Department of Natural Resources |
11 | | Commerce and
Economic Opportunity ;
|
12 | | (g) "public awareness and education" means programs of |
13 | | education,
curriculum development, public service |
14 | | announcements, informational
advertising and informing the |
15 | | news media on issues related to the use of
Illinois coal, the |
16 | | coal industry and related developments. Public
awareness and |
17 | | education shall be directed toward
school age residents of the |
18 | | State, the citizens of the State and other
interested parties.
|
19 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
20 | | (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
|
21 | | Sec. 4. Expenditures from Coal Technology Development |
22 | | Assistance Fund.
|
23 | | (a) The contents of the Coal Technology Development |
24 | | Assistance Fund may be
expended, subject to appropriation by |
25 | | the General Assembly, in such amounts and
at such times as the |
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1 | | Department, with the advice and recommendation of the
Board, |
2 | | may deem necessary or desirable for the purposes of this Act.
|
3 | | (b) The Department shall develop a written plan containing |
4 | | measurable 3-year
and 10-year goals and objectives in regard to |
5 | | the funding of coal research and
coal demonstration and |
6 | | commercialization projects, and programs designed to
preserve |
7 | | and enhance markets for Illinois coal. In developing these |
8 | | goals and
objectives, the Department shall consider and |
9 | | determine the appropriate balance
for the achievement of |
10 | | near-term and long-term goals and objectives and of
ensuring |
11 | | the timely commercial application of cost-effective |
12 | | technologies or
energy and chemical production processes or |
13 | | systems utilizing coal. The
Department of Commerce and Economic |
14 | | Opportunity shall develop the initial goals and objectives no |
15 | | later than
December 1, 1993, and develop revised goals and |
16 | | objectives no later than
July 1 annually thereafter until the |
17 | | effective date of this amendatory Act of the 100th General |
18 | | Assembly . On and after the effective date of this amendatory |
19 | | Act of the 100th General Assembly, the Department shall develop |
20 | | the revised goals and objectives under this subsection by no |
21 | | later than July 1 of each year.
|
22 | | (c) (Blank).
|
23 | | (d) Subject to appropriation, the Department of Natural |
24 | | Resources may use moneys in the Coal Technology Development |
25 | | Assistance Fund to administer its responsibilities under the |
26 | | Surface Coal Mining Land Conservation and Reclamation Act. |
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1 | | (Source: P.A. 99-523, eff. 6-30-16.)
|
2 | | Section 935. The Eminent Domain Act is amended by changing |
3 | | Section 15-5-5 as follows: |
4 | | (735 ILCS 30/15-5-5)
|
5 | | Sec. 15-5-5. Eminent domain powers in ILCS Chapters 5 |
6 | | through 40. The following provisions of law may include express |
7 | | grants of the power to acquire property by condemnation or |
8 | | eminent domain: |
9 | | (5 ILCS 220/3.1); Intergovernmental Cooperation Act; |
10 | | cooperating entities; for Municipal Joint Action Water |
11 | | Agency purposes.
|
12 | | (5 ILCS 220/3.2); Intergovernmental Cooperation Act; |
13 | | cooperating entities; for Municipal Joint Action Agency |
14 | | purposes. |
15 | | (5 ILCS 585/1); National Forest Land Act; United States of |
16 | | America; for national forests.
|
17 | | (15 ILCS 330/2); Secretary of State Buildings in Cook County |
18 | | Act; Secretary of State; for office facilities in Cook |
19 | | County.
|
20 | | (20 ILCS 5/5-675); Civil Administrative Code of Illinois; the |
21 | | Secretary of Transportation, the Director of Natural |
22 | | Resources, and the Director of Central Management |
23 | | Services; for lands, buildings, and grounds for which an |
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1 | | appropriation is made by the General Assembly.
|
2 | | (20 ILCS 620/9); Economic Development Area Tax Increment |
3 | | Allocation Act; municipalities; to achieve the objectives |
4 | | of the economic development project.
|
5 | | (20 ILCS 685/1); Particle Accelerator Land Acquisition Act; |
6 | | Department of Commerce and Economic Opportunity; for a |
7 | | federal high energy BEV Particle Accelerator.
|
8 | | (20 ILCS 835/2); State Parks Act; Department of Natural |
9 | | Resources; for State parks.
|
10 | | (20 ILCS 1110/3); Illinois Coal and Energy Development Bond |
11 | | Act; Department of Natural Resources Commerce and Economic |
12 | | Opportunity ; for coal projects.
|
13 | | (20 ILCS 1920/2.06); Abandoned Mined Lands and Water |
14 | | Reclamation Act; Department of Natural Resources; for |
15 | | reclamation purposes.
|
16 | | (20 ILCS 1920/2.08); Abandoned Mined Lands and Water |
17 | | Reclamation Act; Department of Natural Resources; for |
18 | | reclamation purposes and for the construction or |
19 | | rehabilitation of housing.
|
20 | | (20 ILCS 1920/2.11); Abandoned Mined Lands and Water |
21 | | Reclamation Act; Department of Natural Resources; for |
22 | | eliminating hazards.
|
23 | | (20 ILCS 3105/9.08a); Capital Development Board Act; Capital |
24 | | Development Board; for lands, buildings and grounds for |
25 | | which an appropriation is made by the General Assembly.
|
26 | | (20 ILCS 3110/5); Building Authority Act; Capital Development |