POWER AGENCY-PROCUREMENT PLANS Senate SponsorsSen. Donne E. Trotter-Mike Jacobs-John J. Millner-Michael Noland House Sponsors(Rep. Marlow H. Colvin-Elaine Nekritz-John E. Bradley-Mike Bost-Dan Reitz, Ann Williams, Ed Sullivan, Jr., Angelo Saviano, Derrick Smith, Joseph M. Lyons, Jim Sacia, Esther Golar and Charles E. Jefferson) 7/13/2011SenatePublic Act . . . . . . . . . 97-0096 20 ILCS 3855/1-1220 ILCS 5/1-101from Ch. 111 2/3, par. 1-101Amends the Illinois Power Agency Act. Makes a technical change in a Section concerning the short title. Amends the Public Utilities Act. Makes a technical change in the short title Section.Senate Committee Amendment No. 1 Deletes reference to:20 ILCS 3855/1-1220ILCS 5/1-101Adds reference to:20 ILCS 3855/1-520 ILCS 3855/1-2020 ILCS 3855/1-75220 ILCS 5/16-111.5Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Provides that the Illinois Power Agency is authorized to develop electricity procurement plans for small multi-jurisdictional electric utilities that (i) on December 31, 2005 served less than 100,000 customers in Illinois and (ii) request a procurement plan for their Illinois jurisdictional load. Provides that the Planning and Procurement Bureau shall develop procurement plans and conduct competitive procurement processes in accordance with certain requirements of the Public Utilities Act for the eligible retail customers of small multi-jurisdictional electric utilities that (i) on December 31, 2005 served less than 100,000 customers in Illinois and (ii) request a procurement plan for their Illinois jurisdictional load. Makes other changes. Makes corresponding changes in the Public Utilities Act. Effective immediately.House Committee Amendment No. 1 Deletes reference to:20 ILCS 3855/1-520 ILCS 3855/1-75Adds reference to:20 ILCS 3855/1-1020 ILCS 3855/1-77 new20 ILCS 3855/1-78 new30 ILCS 500/1-1030 ILCS 500/20-10220 ILCS 5/3-101from Ch. 111 2/3, par. 3-101220 ILCS 5/3-123 new220 ILCS 5/9-220from Ch. 111 2/3, par. 9-220220 ILCS 20/2.02from Ch. 111 2/3, par. 552.2220 ILCS 20/2.03from Ch. 111 2/3, par. 552.3220 ILCS 20/2.04from Ch. 111 2/3, par. 552.4220 ILCS 20/3from Ch. 111 2/3, par. 553415 ILCS 5/13.7 newReplaces everything after the enacting clause. Amends the Illinois Power Agency Act. Adds the definition of "clean coal SNG brownfield facility". Makes changes to the definitions for "clean coal facility", "clean coal SNG facility", "sequester", and "servicing agreement" (now, "sourcing agreement"). In a provision concerning the general powers of the Illinois Power Agency, adds the power to conduct competitive gasification feedstock processes to procure the feedstocks for the clean coal SNG brownfield facility in accordance with the Act and the power to review, revise, and approve sourcing agreements. Adds provisions concerning the Planning and Procurement Bureau, feedstock procurement plans, and competitive feedstock procurement processes for clean coal SNG brownfield facilities. Provides for additional authority and responsibilities related to the clean coal SNG brownfield facility for the Agency, Illinois Commerce Commission (Commission), and the Capital Development Board. Makes other changes. Amends the Illinois Procurement Code. Provides that the Code shall not apply to certain processes under the Illinois Power Agency Act related to clean coal SNG brownfield facilities. Exempts from the Code a certain alternative bidding procedure under the Illinois Power Agency Act. Amends the Public Utilities Act. Adds the definitions for "clean coal SNG brownfield facility", "clean coal SNG facility", "sequester", "SNG facility", "sourcing agreement", and "substitute natural gas" or "SNG". In a provision concerning rate changes based on changes in fuel costs, adds new provisions concerning the sourcing agreements, consumer protection reserve accounts, recoverable costs and revenue by the clean coal SNG brownfield facility, public hearings to review proposed sourcing agreements, sequestration permitting, oversight, and investigations. Provides that the State of Illinois may not enact any law or take any action to break, or repeal the authority for, sourcing agreements approved by the Commission and entered into between public utilities and the clean coal SNG brownfield facility or deny public utilities or clean coal SNG brownfield facilities full cost recovery for their costs incurred under those sourcing agreements. Makes other changes. Amends the Illinois Gas Pipeline Safety Act. Changes the definition of "gas" to include carbon dioxide. Makes changes to the definitions of "transportation of gas", and "pipeline facilities". Provides that the Commission shall adopt rules establishing minimum safety standards for (1) the transportation of carbon dioxide in any physical form for the purpose of sequestration and (2) pipeline facilities used for that function. Amends the Illinois Environmental Protection Act. Provides that the Illinois Environmental Protection Agency shall inspect carbon dioxide sequestration sites for compliance with the Act, rules adopted under the Act, and permits issued by the Agency. Provides that the Illinois Environmental Protection Agency, the Commission, the Capital Development Board, and the Illinois Department of Natural Resources shall have rulemaking authority to implement the provisions of the amendatory Act. Includes an inseverability provision. Effective immediately.House Floor Amendment No. 2 In the Public Utilities Act, specifies that gas utilities that provide service to more than 150,000 customers on the effective date of the amendatory Act shall either file biennial rate proceedings before the Commission in years 2012, 2014, and 2016 or enter certain sourcing agreements provided that (1) no utility shall be required to purchase more than 42% of the projected annual output of the clean coal SNG brownfield facility, with the remainder of such utility's obligation to be divided proportionately between the other utilities, and (2) the Illinois Power Agency shall further adjust the allocation only as required to take into account adverse consolidation, derivative, or lease impacts to the balance sheet or income statement of any gas utility. Makes other changes.Fiscal Note, House Committee Amendment No. 1 (Illinois Commerce Commission) In order for the Illinois Commerce Commission to properly provide oversight for this legislation, it is estimated that additional financial and engineering resources will be needed at an estimated cost of $355,000 annually. There is no revenue for the Commission to administer this project, thus the agency would have an annual shortfall of $355,000. The Commission currently does not have sufficient resources to meet this increased demand on staff.Fiscal Note, House Committee Amendment No. 1 (Illinois Power Agency) The proposed legislation has no impact to the Agency. Costs associated with tasks assigned to the Agency can and will be recovered in full through the authority granted to the Agency to assess fees to supply bidders and the developers of the SNG plant.Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General) SB 1533 (H-AM 1) would require the ongoing involvement of environmental and public utility attorneys within the Office to evaluate and enforce the requirements imposed by this legislation. In addition, outside experts on rates of return and emissions would need to be retained at substantial cost to the Office. 2/9/2011SenateFiled with Secretary by Sen. Mike Jacobs 2/9/2011SenateFirst Reading 2/9/2011SenateReferred to Assignments 3/8/2011SenateAssigned to Energy 3/8/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs 3/8/2011SenateSenate Committee Amendment No. 1 Referred to Assignments 3/9/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Energy 3/17/2011SenateSenate Committee Amendment No. 1 Adopted 3/17/2011SenateDo Pass as Amended Energy; 016-000-000 3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011 3/29/2011SenateSecond Reading 3/29/2011SenatePlaced on Calendar Order of 3rd Reading March 30, 2011 4/13/2011SenateThird Reading - Passed; 055-001-000 4/14/2011HouseArrived in House 4/26/2011HousePlaced on Calendar Order of First Reading 4/26/2011HouseChief House Sponsor Rep. Patrick J. Verschoore 4/26/2011HouseAdded Alternate Chief Co-Sponsor Rep. Donald L. Moffitt 4/26/2011HouseFirst Reading 4/26/2011HouseReferred to Rules Committee 4/27/2011HouseAssigned to Executive Committee 5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011 5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011 5/26/2011SenateChief Sponsor Changed to Sen. Donne E. Trotter 5/26/2011SenateAdded as Chief Co-Sponsor Sen. Mike Jacobs 5/26/2011HouseAlternate Chief Sponsor Changed to Rep. Marlow H. Colvin 5/27/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Marlow H. Colvin 5/27/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011 5/29/2011HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee 5/29/2011HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz 5/29/2011HouseMotion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie 5/29/2011HouseMotion to Suspend Rule 25 - Prevailed 5/29/2011HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote 5/29/2011HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000 5/29/2011HousePlaced on Calendar 2nd Reading - Short Debate 5/29/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin 5/29/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/29/2011HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley 5/29/2011HouseAlternate Chief Co-Sponsor Removed Rep. Donald L. Moffitt 5/29/2011HouseSecond Reading - Short Debate 5/29/2011HouseHeld on Calendar Order of Second Reading - Short Debate 5/30/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000 5/30/2011HouseAdded Alternate Co-Sponsor Rep. Ann Williams 5/30/2011HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Bill Mitchell 5/30/2011HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano 5/30/2011HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost 5/30/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Angelo Saviano 5/30/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Mike Bost 5/30/2011HouseAdded Alternate Co-Sponsor Rep. Ed Sullivan, Jr. 5/30/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 5/30/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 5/30/2011HouseAlternate Chief Co-Sponsor Removed Rep. Angelo Saviano 5/30/2011HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano 5/30/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dan Reitz 5/31/2011SenateAdded as Chief Co-Sponsor Sen. John J. Millner 5/31/2011SenateAdded as Chief Co-Sponsor Sen. Michael Noland 5/31/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 5/31/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2011HouseAdded Alternate Co-Sponsor Rep. Derrick Smith 5/31/2011HouseAdded Alternate Co-Sponsor Rep. Joseph M. Lyons 5/31/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 5/31/2011HouseThird Reading - Short Debate - Passed 075-038-001 5/31/2011HouseAdded Alternate Co-Sponsor Rep. Jim Sacia 5/31/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2 5/31/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2011 5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Donne E. Trotter 5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/31/2011SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Donne E. Trotter 5/31/2011SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 5/31/2011SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 5/31/2011SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive 5/31/2011SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 011-003-000 5/31/2011SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 011-003-000 5/31/2011SenateHouse Committee Amendment No. 1 Senate Concurs 039-016-001 5/31/2011SenateHouse Floor Amendment No. 2 Senate Concurs 039-016-001 5/31/2011HouseAdded Alternate Co-Sponsor Rep. Esther Golar 5/31/2011HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson 5/31/2011SenatePassed Both Houses 6/29/2011SenateSent to the Governor 7/13/2011SenateGovernor Approved 7/13/2011SenateEffective Date July 13, 2011 7/13/2011SenatePublic Act . . . . . . . . . 97-0096