Illinois 95th Regular Session Status: Enacted 2 D cosponsors

SB 1704 — CLEAN COAL-FUTUREGEN

Last action — Public Act . . . . . . . . . 95-0018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2007. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    0 primary, 24 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Clean Coal FutureGen for Illinois Act for the purpose of providing the FutureGen Alliance with adequate liability protection, land use rights, and permitting certainty to facilitate the siting of the FutureGen Project in Illinois. Contain provisions concerning transfer of title to sequestered gas and associated liabilities to the State; insurance and indemnification by the State for the Operator for certain liabilities; permits; land use, including condemnation powers; and economic incentives. Contains other provisions and a severability clause. Amends: the Department of Commerce and Economic Opportunity Law concerning financial assistance; the Illinois Enterprise Zone Act concerning high impact businesses; the Court of Claims Act and the State Lawsuit Immunity Act concerning jurisdiction; and the Eminent Domain Act concerning condemnation authority. Effective immediately.

Bill Text

What changed in the latest version

637 added · 609 removed

Plain-language change summary

The changes to SB 1704 clarify the focus on storing carbon dioxide and other chemicals from coal combustion products by explicitly stating the bill's intent to facilitate their injection and permanent storage. The removal of phrases like "combustion byproduct" emphasizes the bill's aim to treat carbon dioxide more as a potential resource for storage rather than just waste. These changes are significant because they reflect a commitment to addressing environmental concerns related to coal energy, particularly in light of its role in greenhouse gas emissions.

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SB1704 Engrossed LRB095 09141 RCE 29334 b AN ACT concerning alternative energy.
SB1704 Enrolled LRB095 09141 RCE 29334 b AN ACT concerning alternative energy.
(2) in order to meet the energy needs of the State of Illinois, keep its economy strong and protect the environment while reducing its contribution to human-induced greenhouse SB1704 Engrossed - 2 - LRB095 09141 RCE 29334 b gas emissions, the State of Illinois must be a leader in developing new low-carbon technologies;
(2) in order to meet the energy needs of the State of Illinois, keep its economy strong and protect the environment while reducing its contribution to human-induced greenhouse SB1704 Enrolled - 2 - LRB095 09141 RCE 29334 b gas emissions, the State of Illinois must be a leader in developing new low-carbon technologies;
SB1704 Engrossed - 3 - LRB095 09141 RCE 29334 b (8) the FutureGen Project is an important coal development and conversion project that will create jobs in the State of Illinois during the construction and operational phases, contribute to the overall economy of the State of Illinois and help reinvigorate the Illinois Basin coal industry;
SB1704 Enrolled - 3 - LRB095 09141 RCE 29334 b (8) the FutureGen Project is an important coal development and conversion project that will create jobs in the State of Illinois during the construction and operational phases, contribute to the overall economy of the State of Illinois and help reinvigorate the Illinois Basin coal industry;
"Carbon capture and storage" means the process of capturing and injecting sequestered gas for permanent storage.
"Carbon capture and storage" means the process of capturing CO2 and other chemical constituents from coal combustion by-products for the purpose of injecting and storing the gas for permanent storage.
"Carbon dioxide" or "CO2" means a colorless, odorless gas in the form of one carbon and 2 oxygen atoms that is a combustion byproduct and the principal greenhouse gas.
"Carbon dioxide" or "CO2" means a colorless, odorless gas in the form of one carbon and 2 oxygen atoms that is the principal greenhouse gas.
"Federal Department" means the federal Department of Energy.
SB1704 Enrolled - 4 - LRB095 09141 RCE 29334 b "Federal Department" means the federal Department of Energy.
SB1704 Engrossed - 4 - LRB095 09141 RCE 29334 b "FutureGen Alliance" is a 501(c)(3) non-profit consortium of coal and energy producers that, as of the effective date of this Act, includes American Electric Power, Anglo American plc, BHP Billiton, E.
"FutureGen Alliance" is a 501(c)(3) non-profit consortium of coal and energy producers that, as of the effective date of this Act, includes American Electric Power, Anglo American plc, BHP Billiton, E.
"Post-injection" means after the sequestered gas has been successfully injected into the Mount Simon Formation.
"Post-injection" means after the captured gas has been successfully injected into the wellhead at the point at which SB1704 Enrolled - 5 - LRB095 09141 RCE 29334 b the gas is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation.
"Pre-injection" means all activities and occurrences prior to successful injection into the Mt.
"Pre-injection" means all activities and occurrences prior to successful delivery into the wellhead at the point at which the gas is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation, including but not limited to, the operation of the FutureGen Project.
Simon Formation, including SB1704 Engrossed - 5 - LRB095 09141 RCE 29334 b but not limited to, the operation of the FutureGen Project (including CO2 capture, CO2 transport, and well-bore operations).
"Public liability action" or "action" means a written demand from any third party received by the Operator seeking a remedy or alleging liability on behalf of Operator resulting from any public liability.
"Public liability action" or "action" means a written demand, lawsuit, or claim from any third party received by the Operator seeking a remedy or alleging liability on behalf of Operator resulting from any public liability.
"Sequestered gas" means the CO2 and other chemical constituents from the FutureGen Project operations that are injected into the Mount Simon Formation in concentrations determined to be acceptable by the Agency.
"Sequestered gas" means the CO2 and other chemical constituents from the FutureGen Project operations that are injected into the Mount Simon Formation.
If the FutureGen Project locates at either the Tuscola or Mattoon site in the State of Illinois, then the FutureGen Alliance agrees that the Operator shall transfer and convey and the State of Illinois shall accept and receive, at no cost to the State of Illinois, all rights, title, and interest in and to and any liabilities SB1704 Engrossed - 6 - LRB095 09141 RCE 29334 b associated with the sequestered gas, including any current or future environmental benefits, marketing claims, tradable credits, emissions allocations or offsets (voluntary or compliance based) associated therewith, upon such gas reaching the status of post-injection, which shall be verified by the Agency or other designated State of Illinois agency.
If the FutureGen Project locates at either the Tuscola or Mattoon site in the SB1704 Enrolled - 6 - LRB095 09141 RCE 29334 b State of Illinois, then the FutureGen Alliance agrees that the Operator shall transfer and convey and the State of Illinois shall accept and receive, with no payment due from the State of Illinois, all rights, title, and interest in and to and any liabilities associated with the sequestered gas, including any current or future environmental benefits, marketing claims, tradable credits, emissions allocations or offsets (voluntary or compliance based) associated therewith, upon such gas reaching the status of post-injection, which shall be verified by the Agency or other designated State of Illinois agency.
The Illinois State Geological Survey of the Illinois Department of Natural Resources shall monitor, measure, and verify the permanent status of sequestered carbon dioxide and co-sequestered gases in which the State has acquired the right, title, and interest under this Section.
(a) The Department shall procure an insurance policy from a private insurance carrier or carriers, if and to the extent that such a policy is available, that insures the Operator against any qualified loss stemming from a public liability action.
(a) The Department shall procure an insurance policy from a private insurance carrier or carriers, if and to the extent that such a policy is available, that insures the Operator SB1704 Enrolled - 7 - LRB095 09141 RCE 29334 b against any qualified loss stemming from a public liability action.
SB1704 Engrossed - 7 - LRB095 09141 RCE 29334 b (c) The Department shall pay any insurance premium, deductible, or liability under subsections (a) or (b) from appropriations by the General Assembly for that purpose.
(c) The Department shall pay any insurance premium, deductible, or liability under subsections (a) or (b) from appropriations by the General Assembly for that purpose.
(e) If federal indemnification covers all or a portion of the obligations assumed by the State under Section 25 of this Act, such State obligations shall be reduced in proportion to the federal indemnification and be considered subordinated to any federal indemnification.
(e) If federal indemnification covers all or a portion of the obligations assumed by the State under Section 25 of this SB1704 Enrolled - 8 - LRB095 09141 RCE 29334 b Act, such State obligations shall be reduced in proportion to the federal indemnification and be considered subordinated to any federal indemnification.
(1) the negligence or the intentional or willful misconduct of the Operator in its operation of the SB1704 Engrossed - 8 - LRB095 09141 RCE 29334 b FutureGen Project;
(1) the intentional or willful misconduct of the Operator in its operation of the FutureGen Project;
(1) the negligence or intentional or willful misconduct of the Operator in its operation of the FutureGen Project;
(1) the intentional or willful misconduct of the SB1704 Enrolled - 9 - LRB095 09141 RCE 29334 b Operator in its operation of the FutureGen Project;
(2) the failure of the Operator to comply with any applicable law, rule, regulation, or other requirement established by the Federal Department, Agency, or State of Illinois for the carbon capture and storage of the sequestered gas, including any limitations on the chemical SB1704 Engrossed - 9 - LRB095 09141 RCE 29334 b composition of any sequestered gas;
(2) the failure of the Operator to comply with any applicable law, rule, regulation, or other requirement established by the Federal Department, Agency, or State of Illinois for the carbon capture and storage of the sequestered gas, including any limitations on the chemical composition of any sequestered gas;
Role of Attorney General.
Representation.
(1) In the event that any public liability action covered under Section 30 of this Act is commenced against the Operator, the Attorney General shall, upon timely and appropriate notice to the Attorney General by the Operator, appear on behalf of the Operator and defend the action.
(a) In the event that any public liability action covered under Section 30 of this Act is commenced against the Operator, the Attorney General shall, upon timely and appropriate notice to the Attorney General by the Operator, appear on behalf of SB1704 Enrolled - 10 - LRB095 09141 RCE 29334 b the Operator and defend the action.
The delivery of this notice to the Attorney General constitutes an agreement by the Operator to SB1704 Engrossed - 10 - LRB095 09141 RCE 29334 b cooperate with the Attorney General in defense of the action and a consent for the Attorney General to conduct the defense as the Attorney General deems to be advisable and in the best interests of the Operator and the State of Illinois, including settlement in the Attorney General’s discretion.
The delivery of this notice to the Attorney General constitutes an agreement by the Operator to cooperate with the Attorney General in defense of the action and a consent that the Attorney General shall conduct the defense as the Attorney General deems advisable and in the best interests of the Operator and the State of Illinois, including settlement in the Attorney General’s discretion.
The Operator may appear in such action through private counsel to respond or object only to any aspect of a proposed settlement or proposed court order which would directly affect the day-to-day operations of the FutureGen Project.
(b) In the event that the Attorney General determines either (i) that so appearing and defending an Operator involves an actual or potential conflict of interest or (ii) that the claim was not within the scope of the indemnity as provided in Section 30 of the Act, the Attorney General shall decline in writing to appear or defend or shall promptly take appropriate action to withdraw as attorney for such Operator.
(b) In the event that the Attorney General determines either (i) that so appearing and defending the Operator involves an actual or potential conflict of interest or (ii) that the act or omission which gave rise to the claim was not within the scope of the indemnity as provided in Section 30 of this Act, the Attorney General shall decline in writing to appear or defend or shall promptly take appropriate action to withdraw as attorney for the Operator.
Upon receipt of such declination or withdrawal by the Attorney General on the basis of an actual or potential conflict of interest, the Operator may employ its own attorney to appear and defend, in which event the State of Illinois shall pay the Operator’s court costs, litigation expenses, and attorneys’ fees, to the extent approved by the Attorney General as reasonable, as they are incurred.
Upon receipt of such SB1704 Enrolled - 11 - LRB095 09141 RCE 29334 b declination or withdrawal by the Attorney General on the basis of an actual or potential conflict of interest, the Operator may employ its own attorney to appear and defend, in which event the State of Illinois shall pay the Operator’s court costs, litigation expenses, and attorneys’ fees, to the extent approved by the Attorney General as reasonable, as they are incurred.
(c) In any action asserted by the Operator or the State of Illinois to enforce the indemnification obligations of the State of Illinois as provided in Section 30 of the Act, the SB1704 Engrossed - 11 - LRB095 09141 RCE 29334 b non-prevailing party is responsible for any reasonable court costs, litigation expenses, and attorneys fees incurred by the prevailing party.
(c) In any action asserted by the Operator or the State of Illinois to enforce the indemnification obligations of the State of Illinois as provided in Section 30 of the Act, the non-prevailing party is responsible for any reasonable court costs, litigation expenses, and attorneys fees incurred by the prevailing party.
(e) Nothing contained or implied in this Section shall operate, or be construed or applied, to deprive the State of Illinois, or any Operator, of any defense otherwise available.
(e) Nothing contained or implied in this Section shall operate, or be construed or applied, to deprive the State of Illinois, or the Operator, of any defense otherwise available.
(f) Any judgment subject to State of Illinois indemnification under this Section is not enforceable against the Operator, but shall be paid by the State of Illinois in the following manner:
(f) Any judgment subject to State of Illinois indemnification under this Section is not enforceable against the Operator, but shall be paid by the State of Illinois in the SB1704 Enrolled - 12 - LRB095 09141 RCE 29334 b following manner:
SB1704 Engrossed - 12 - LRB095 09141 RCE 29334 b Section 40.
Section 40.
The Agency shall issue to the Operator all necessary and appropriate permits consistent with State and federal law and corresponding regulations.
The State of Illinois shall issue to the Operator all necessary and appropriate permits consistent with State and federal law and corresponding regulations.
The Agency has the right to reasonable access to any third-party property to ensure compliance with any permit issued under this Section.
The State of Illinois must allow the Operator to combine applications when appropriate, and the State of Illinois must otherwise streamline the application process for timely permit issuance.
Section 43.
Tax exemption.
An operator is exempt from any tax imposed by the State of Illinois that is based upon the nameplate capacity of generating units.
The State of Illinois has offered certain incentives to the FutureGen Alliance to make the State of Illinois the most attractive location for the FutureGen Project.
The State of Illinois has offered certain incentives to the FutureGen Alliance to make the State of Illinois the most attractive location for the FutureGen SB1704 Enrolled - 13 - LRB095 09141 RCE 29334 b Project.
The Court of Claims has no jurisdiction concerning any public liability action under this Act or from the operation of the FutureGen Project.
The Court of Claims has jurisdiction concerning any public liability action arising under this Act or arising from the operation of the FutureGen Project, except that a public liability action may be brought in the circuit court if the cause of action is one of personal injury or wrongful death and the injury or death was proximately caused by the storage, escape, release, or migration of the post-injection sequestered gas that was injected during the operation of the FutureGen Project by the FutureGen Alliance, and the circuit court is hereby granted jurisdiction over these matters.
A public liability action must be brought in the circuit court, which is hereby granted jurisdiction over these matters.
Financial assistance to energy generation SB1704 Engrossed - 13 - LRB095 09141 RCE 29334 b facilities.
Financial assistance to energy generation facilities.
"New electric generating facility" means a newly-constructed electric generation plant or a newly constructed generation capacity expansion at an existing facility, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which foundation construction commenced not sooner than July 1, 2001, which is designed to provide baseload electric generation operating on a continuous basis throughout the year and:
"New electric generating facility" means a newly-constructed electric generation plant or a newly SB1704 Enrolled - 14 - LRB095 09141 RCE 29334 b constructed generation capacity expansion at an existing facility, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which foundation construction commenced not sooner than July 1, 2001, which is designed to provide baseload electric generation operating on a continuous basis throughout the year and:
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"New gasification facility" means a newly constructed coal gasification facility that generates chemical feedstocks or transportation fuels derived from coal (which may include, but SB1704 Engrossed - 14 - LRB095 09141 RCE 29334 b are not limited to, methane, methanol, and nitrogen fertilizer), that supports the creation or retention of Illinois coal-mining jobs, and that qualifies for financial assistance from the Department before December 31, 2010 2006.
"New gasification facility" means a newly constructed coal gasification facility that generates chemical feedstocks or transportation fuels derived from coal (which may include, but are not limited to, methane, methanol, and nitrogen fertilizer), that supports the creation or retention of Illinois coal-mining jobs, and that qualifies for financial assistance from the Department before December 31, 2010 2006.
A new gasification facility does not include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal.
A SB1704 Enrolled - 15 - LRB095 09141 RCE 29334 b new gasification facility does not include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal.
An eligible business seeking qualification for financial assistance for a new facility, for purposes of this Section SB1704 Engrossed - 15 - LRB095 09141 RCE 29334 b only, shall apply to the Department in the manner specified by the Department.
An eligible business seeking qualification for financial assistance for a new facility, for purposes of this Section only, shall apply to the Department in the manner specified by the Department.
An application shall include, but not be limited to:
An SB1704 Enrolled - 16 - LRB095 09141 RCE 29334 b application shall include, but not be limited to:
The Department shall not provide financial assistance from general obligation bond funds to any eligible business unless it receives a written certification from the Director of the Bureau of the Budget (now Governor’s Office of SB1704 Engrossed - 16 - LRB095 09141 RCE 29334 b Management and Budget) that 80% of the State occupation and use tax receipts for a minimum of the preceding 4 calendar quarters for all eligible businesses or as included in projections on approved applications by eligible businesses equal or exceed 110% of the maximum annual debt service required with respect to general obligation bonds issued for that purpose.
The Department shall not provide financial assistance from general obligation bond funds to any eligible business unless it receives a written certification from the Director of the Bureau of the Budget (now Governor’s Office of Management and Budget) that 80% of the State occupation and use tax receipts for a minimum of the preceding 4 calendar quarters for all eligible businesses or as included in projections on approved applications by eligible businesses equal or exceed SB1704 Enrolled - 17 - LRB095 09141 RCE 29334 b 110% of the maximum annual debt service required with respect to general obligation bonds issued for that purpose.
In sales of Illinois-mined coal between related parties, the purchase price of the coal must have been determined in an arms-length SB1704 Engrossed - 17 - LRB095 09141 RCE 29334 b transaction.
In sales of Illinois-mined coal between related parties, the purchase price of the coal must have been determined in an arms-length transaction.
However, no report need be filed by an eligible business in a month when it made no reportable purchases of coal in the previous month.
However, no report need be filed by an eligible business in a month when it made no SB1704 Enrolled - 18 - LRB095 09141 RCE 29334 b reportable purchases of coal in the previous month.
(a) In order to respond to unique opportunities to assist in the encouragement, development, growth and expansion of the SB1704 Engrossed - 18 - LRB095 09141 RCE 29334 b private sector through large scale investment and development projects, the Department is authorized to receive and approve applications for the designation of "High Impact Businesses" in Illinois subject to the following conditions:
(a) In order to respond to unique opportunities to assist in the encouragement, development, growth and expansion of the private sector through large scale investment and development projects, the Department is authorized to receive and approve applications for the designation of "High Impact Businesses" in Illinois subject to the following conditions:
(1) such applications may be submitted at any time during the year;
SB1704 Enrolled - 19 - LRB095 09141 RCE 29334 b (1) such applications may be submitted at any time during the year;
The terms "placed in service" and "qualified property" have the same meanings as described in subsection (h) of Section SB1704 Engrossed - 19 - LRB095 09141 RCE 29334 b 201 of the Illinois Income Tax Act;
The terms "placed in service" and "qualified property" have the same meanings as described in subsection (h) of Section 201 of the Illinois Income Tax Act;
"New electric generating facility", for purposes of this Section, means a newly-constructed electric generation plant or a newly-constructed generation capacity expansion at an existing electric generation plant, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which such new foundation construction commenced not sooner than July 1, 2001.
"New electric generating facility", for SB1704 Enrolled - 20 - LRB095 09141 RCE 29334 b purposes of this Section, means a newly-constructed electric generation plant or a newly-constructed generation capacity expansion at an existing electric generation plant, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which such new foundation construction commenced not sooner than July 1, 2001.
and (i) shall have an aggregate rated generating capacity of at least 1,000 megawatts for all new units at one site if it uses natural gas as its primary fuel and foundation construction of the facility is commenced on or before December 31, 2004, or shall have an aggregate rated generating capacity of at least 400 megawatts for all new units at one site if it uses coal or gases derived from coal as its primary fuel and shall support the creation of at least 150 new Illinois coal mining jobs, or (ii) shall be funded through a federal Department of Energy grant before December 31, 2010 July 1, 2006 and shall support the creation of Illinois coal-mining SB1704 Engrossed - 20 - LRB095 09141 RCE 29334 b jobs, or (iii) shall use coal gasification or integrated gasification-combined cycle units that generate electricity or chemicals, or both, and shall support the creation of Illinois coal-mining jobs.
and (i) shall have an aggregate rated generating capacity of at least 1,000 megawatts for all new units at one site if it uses natural gas as its primary fuel and foundation construction of the facility is commenced on or before December 31, 2004, or shall have an aggregate rated generating capacity of at least 400 megawatts for all new units at one site if it uses coal or gases derived from coal as its primary fuel and shall support the creation of at least 150 new Illinois coal mining jobs, or (ii) shall be funded through a federal Department of Energy grant before December 31, 2010 July 1, 2006 and shall support the creation of Illinois coal-mining jobs, or (iii) shall use coal gasification or integrated gasification-combined cycle units that generate electricity or chemicals, or both, and shall support the creation of Illinois coal-mining jobs.
The business must certify in writing that the investments necessary to establish a new electric generating facility would not be placed in service and the job creation in the case of a coal-fueled plant would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section.
The SB1704 Enrolled - 21 - LRB095 09141 RCE 29334 b business must certify in writing that the investments necessary to establish a new electric generating facility would not be placed in service and the job creation in the case of a coal-fueled plant would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section.
A new gasification facility does not include a pilot project located within Jefferson County or within a county adjacent to SB1704 Engrossed - 21 - LRB095 09141 RCE 29334 b Jefferson County for synthetic natural gas from coal;
A new gasification facility does not include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal;
or (C) the business intends to establish production operations at a new coal mine, re-establish production operations at a closed coal mine, or expand production at an existing coal mine at a designated location in Illinois not sooner than July 1, 2001;
or (C) the business intends to establish production operations at a new coal mine, re-establish production SB1704 Enrolled - 22 - LRB095 09141 RCE 29334 b operations at a closed coal mine, or expand production at an existing coal mine at a designated location in Illinois not sooner than July 1, 2001;
For the purposes of this Section, SB1704 Engrossed - 22 - LRB095 09141 RCE 29334 b "transmission facilities" means transmission lines with a voltage rating of 115 kilovolts or above, including associated equipment, that transfer electricity from points of supply to points of delivery and that transmit a majority of the electricity generated by a new electric generating facility designated as a High Impact Business in accordance with this Section.
For the purposes of this Section, "transmission facilities" means transmission lines with a voltage rating of 115 kilovolts or above, including associated equipment, that transfer electricity from points of supply to points of delivery SB1704 Enrolled - 23 - LRB095 09141 RCE 29334 b and that transmit a majority of the electricity generated by a new electric generating facility designated as a High Impact Business in accordance with this Section.
provided SB1704 Engrossed - 23 - LRB095 09141 RCE 29334 b that these credits and exemptions described in these Acts shall not be authorized until the minimum investments set forth in subdivision (a)(3)(A) of this Section have been placed in service in qualified properties and, in the case of the exemptions described in the Public Utilities Act and Section 1d of the Retailers’ Occupation Tax Act, the minimum full-time equivalent jobs or full-time jobs set forth in subdivision (a)(3)(A) of this Section have been created or retained.
provided that these credits and exemptions described in these Acts shall not be authorized until the minimum investments set forth in subdivision (a)(3)(A) of this Section have been placed in service in qualified properties and, in the case of the SB1704 Enrolled - 24 - LRB095 09141 RCE 29334 b exemptions described in the Public Utilities Act and Section 1d of the Retailers’ Occupation Tax Act, the minimum full-time equivalent jobs or full-time jobs set forth in subdivision (a)(3)(A) of this Section have been created or retained.
however, the credits and exemptions authorized under Section 9-222 and Section 9-222.1A of the Public Utilities Act, and subsection (h) of Section 201 of the Illinois Income Tax Act shall not be authorized until the new electric generating facility, the new gasification facility, the new transmission facility, or the SB1704 Engrossed - 24 - LRB095 09141 RCE 29334 b new, expanded, or reopened coal mine is operational, except that a new electric generating facility whose primary fuel source is natural gas is eligible only for the exemption under Section 5l of the Retailers’ Occupation Tax Act.
however, the credits and exemptions authorized under Section 9-222 and Section 9-222.1A of the Public Utilities Act, and subsection (h) of Section 201 of the Illinois Income Tax Act shall not be authorized until the new electric generating facility, the new gasification facility, the new transmission facility, or the new, expanded, or reopened coal mine is operational, except that a new electric generating facility whose primary fuel source is natural gas is eligible only for the exemption under Section 5l of the Retailers’ Occupation Tax Act.
(c) High Impact Businesses located in federally designated foreign trade zones or sub-zones are also eligible for additional credits, exemptions and deductions as described in the following Acts:
SB1704 Enrolled - 25 - LRB095 09141 RCE 29334 b (c) High Impact Businesses located in federally designated foreign trade zones or sub-zones are also eligible for additional credits, exemptions and deductions as described in the following Acts:
(f) In the event that a business is designated a High Impact Business and it is later determined after reasonable notice and an opportunity for a hearing as provided under the Illinois Administrative Procedure Act, that the business would have placed in service in qualified property the investments and created or retained the requisite number of jobs without SB1704 Engrossed - 25 - LRB095 09141 RCE 29334 b the benefits of the High Impact Business designation, the Department shall be required to immediately revoke the designation and notify the Director of the Department of Revenue who shall begin proceedings to recover all wrongfully exempted State taxes with interest.
(f) In the event that a business is designated a High Impact Business and it is later determined after reasonable notice and an opportunity for a hearing as provided under the Illinois Administrative Procedure Act, that the business would have placed in service in qualified property the investments and created or retained the requisite number of jobs without the benefits of the High Impact Business designation, the Department shall be required to immediately revoke the designation and notify the Director of the Department of Revenue who shall begin proceedings to recover all wrongfully SB1704 Enrolled - 26 - LRB095 09141 RCE 29334 b exempted State taxes with interest.
No jurisdiction over liability of certain clean-coal operations.
Jurisdiction concerning the FutureGen Project.
The Court of Claims has no jurisdiction concerning any public liability action, as defined in the Clean SB1704 Engrossed - 26 - LRB095 09141 RCE 29334 b Coal FutureGen for Illinois Act, or from the operation of the FutureGen Project.
The Court of Claims has jurisdiction concerning any public liability action, as defined in the Clean Coal FutureGen for Illinois Act, arising under that Act or arising from the operation of the FutureGen Project, except that a public liability action may be brought in the circuit court if the cause of action is one of personal injury or wrongful death and SB1704 Enrolled - 27 - LRB095 09141 RCE 29334 b the injury or death was proximately caused by the storage, escape, release, or migration of the post-injection sequestered gas that was injected during the operation of the FutureGen Project by the FutureGen Alliance, and the circuit court is granted jurisdiction over these matters.
A public liability action, as defined under Section 15 of the Clean Coal FutureGen for Illinois Act, must be brought in the circuit court.
This Act takes effect upon becoming law.
This Act takes effect upon SB1704 Enrolled - 28 - LRB095 09141 RCE 29334 b becoming law.
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Action History

  1. Public Act . . . . . . . . . 95-0018

  2. Effective Date July 30, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Co-Sponsor Sen. Michael W. Frerichs

  7. House Floor Amendment No. 2 Senate Concurs 054-001-000

  8. House Floor Amendment No. 2 3/5 Vote Required

  9. House Floor Amendment No. 1 Senate Concurs 054-001-000

  10. House Floor Amendment No. 1 3/5 Vote Required

  11. Added as Chief Co-Sponsor Sen. Frank C. Watson

  12. Added as Chief Co-Sponsor Sen. Michael Noland

  13. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Environment and Energy; 012-000-000

  14. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Environment and Energy; 012-000-000

  15. House Floor Amendment No. 2 Motion to Concur Rules Referred to Environment and Energy

  16. House Floor Amendment No. 1 Motion to Concur Rules Referred to Environment and Energy

  17. House Floor Amendment No. 2 Motion to Concur Referred to Rules

  18. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Gary Forby

  19. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  20. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Gary Forby

  21. Placed on Calendar Order of Concurrence House Amendment(s) 01,02-July 19, 2007

  22. Secretary's Desk - Concurrence House Amendment(s) 01,02

  23. Added Alternate Co-Sponsor Rep. Roger L. Eddy

  24. Added Alternate Co-Sponsor Rep. Dennis M. Reboletti

  25. Third Reading - Short Debate - Passed 099-000-001

  26. 3/5 Vote Required

  27. Placed on Calendar Order of 3rd Reading - Short Debate

  28. House Floor Amendment No. 2 Adopted by Voice Vote

  29. House Floor Amendment No. 1 Adopted by Voice Vote

  30. Recalled to Second Reading - Short Debate

  31. Added Alternate Co-Sponsor Rep. Eddie Washington

  32. Added Alternate Co-Sponsor Rep. Aaron Schock

  33. Added Alternate Co-Sponsor Rep. David Reis

  34. Added Alternate Co-Sponsor Rep. Robert F. Flider

  35. Added Alternate Co-Sponsor Rep. Shane Cultra

  36. Added Alternate Co-Sponsor Rep. Lou Lang

  37. Added Alternate Co-Sponsor Rep. Kevin Joyce

  38. Added Alternate Co-Sponsor Rep. Richard T. Bradley

  39. Added Alternate Co-Sponsor Rep. John D'Amico

  40. Added Alternate Co-Sponsor Rep. Joseph M. Lyons

  41. Added Alternate Co-Sponsor Rep. LaShawn K. Ford

  42. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  43. Added Alternate Co-Sponsor Rep. Monique D. Davis

  44. Added Alternate Co-Sponsor Rep. Charles E. Jefferson

  45. Added Alternate Co-Sponsor Rep. Arthur L. Turner

  46. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  47. Added Alternate Co-Sponsor Rep. Dan Reitz

  48. Added Alternate Co-Sponsor Rep. Jim Sacia

  49. Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman

  50. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  51. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  52. House Floor Amendment No. 2 Referred to Rules Committee

  53. House Floor Amendment No. 2 Filed with Clerk by Rep. Jay C. Hoffman

  54. Final Action Deadline Extended-9(b) July 31, 2007

  55. Final Action Deadline Extended-9(b) June 30, 2007

  56. Final Action Deadline Extended-9(b) June 22, 2007

  57. Final Action Deadline Extended-9(b) June 15, 2007

  58. Final Action Deadline Extended-9(b) June 8, 2007

  59. House Floor Amendment No. 1 Referred to Rules Committee

  60. House Floor Amendment No. 1 Filed with Clerk by Rep. Jay C. Hoffman

  61. Placed on Calendar Order of 3rd Reading - Short Debate

  62. Second Reading - Short Debate

  63. Added Alternate Co-Sponsor Rep. Mike Fortner

  64. Placed on Calendar 2nd Reading - Short Debate

  65. Do Pass / Short Debate Executive Committee; 013-000-000

  66. Final Action Deadline Extended-9(b) May 31, 2007

  67. Committee Deadline Extended-Rule 9(b) May 25, 2007

  68. Assigned to Executive Committee

  69. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  70. Added Alternate Co-Sponsor Rep. Thomas Holbrook

  71. Added Alternate Chief Co-Sponsor Rep. John E. Bradley

  72. Added Alternate Chief Co-Sponsor Rep. William B. Black

  73. Added Alternate Chief Co-Sponsor Rep. Chapin Rose

  74. Referred to Rules Committee

  75. First Reading

  76. Chief House Sponsor Rep. Kurt M. Granberg

  77. Placed on Calendar Order of First Reading

  78. Arrived in House

  79. Third Reading - Passed; 059-000-000

  80. Added as Co-Sponsor Sen. Mike Jacobs

  81. Added as Co-Sponsor Sen. Pamela J. Althoff

  82. Placed on Calendar Order of 3rd Reading March 20, 2007

  83. Second Reading

  84. Added as Co-Sponsor Sen. David Luechtefeld

  85. Added as Co-Sponsor Sen. John O. Jones

  86. Placed on Calendar Order of 2nd Reading March 13, 2007

  87. Do Pass as Amended Environment and Energy; 009-000-000

  88. Senate Committee Amendment No. 1 Adopted

  89. Senate Committee Amendment No. 1 Rules Refers to Environment and Energy

  90. Senate Committee Amendment No. 1 Referred to Rules

  91. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Gary Forby

  92. Held in Environment and Energy

  93. Added as Co-Sponsor Sen. Dale E. Risinger

  94. Assigned to Environment and Energy

  95. Added as Chief Co-Sponsor Sen. Dale A. Righter

  96. Referred to Rules

  97. First Reading

  98. Filed with Secretary by Sen. Gary Forby

Sponsors

  • Gary Forby · Cosponsor
  • Thomas Holbrook · Cosponsor
  • Brandon W. Phelps · Cosponsor
  • Mike Fortner · Cosponsor
  • Jim Sacia · Cosponsor
  • Dan Reitz · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Arthur L. Turner · Cosponsor
  • Charles E. Jefferson · Cosponsor
  • Monique D. Davis · Cosponsor
  • Kenneth Dunkin · Cosponsor
  • La Shawn K. Ford · Cosponsor
  • Joseph M. Lyons · Cosponsor
  • John D'Amico · Cosponsor
  • Richard T. Bradley · Cosponsor
  • Lou Lang · Cosponsor
  • Shane Cultra · Cosponsor
  • Robert F. Flider · Cosponsor
  • David Reis · Cosponsor
  • Aaron Schock · Cosponsor
  • Eddie Washington · Cosponsor
  • Dennis M. Reboletti · Cosponsor
  • Roger L. Eddy · Cosponsor
  • Patrick J. Joyce · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 24 co-sponsors · 159 not signed on

Sponsors (0)

None.

Co-sponsors (24)

  • Gary Forby
  • Thomas Holbrook
  • Brandon W. Phelps
  • Mike Fortner
  • Jim Sacia
  • Dan Reitz
  • Naomi D. Jakobsson
  • Arthur L. Turner
  • Charles E. Jefferson
  • Monique D. Davis
  • Kenneth Dunkin
  • La Shawn K. Ford Democrat
  • Joseph M. Lyons
  • John D'Amico
  • Richard T. Bradley
  • Lou Lang
  • Shane Cultra
  • Robert F. Flider
  • David Reis
  • Aaron Schock
  • Eddie Washington
  • Dennis M. Reboletti
  • Roger L. Eddy
  • Patrick J. Joyce Democrat

Not signed on (159)

159 members have not signed on to this bill.

Show all 159 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 54 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 45103
Democrat 9000
Republican 0001
Total 54104
% of votes cast 92%2%0%7%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Jacobs — Yea
Kotowski — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Lauzen — Yea
Luechtefeld — Not Voting
Peterson — Yea
Sieben — Not Voting
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Not Voting
Sandoval — Nay
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Concurrence, Amendment 2

Passed 54 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 45103
Democrat 9000
Republican 0001
Total 54104
% of votes cast 92%2%0%7%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Clayborne — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Not Voting
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Peterson — Yea
Radogno — Yea
Sieben — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Not Voting
Sandoval — Nay
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 99 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 870018
Republican 3001
Democrat 9000
Total 990019
% of votes cast 84%0%0%16%
How each member voted (118)
Member Party Vote
Munson — Yea
Hamos — Yea
Holbrook — Yea
Lyons — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Nekritz — Yea
Pihos — Yea
Schock — Yea
Tryon — Yea
McGuire — Yea
Turner — Yea
Bradley, John — Yea
Verschoore — Yea
Bradley, Richard — Yea
Washington — Yea
Brady — Yea
Mitchell, Bill — Yea
Winters — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Fritchey — Yea
Froehlich — Yea
Gordon — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Davis, Monique — Yea
Madigan — Yea
Burke — Not Voting
Molaro — Not Voting
Myers — Not Voting
Poe — Yea
Scully — Not Voting
Wait — Not Voting
Yarbrough — Not Voting
Younge — Yea
Colvin — Not Voting
Currie — Not Voting
D'Amico — Yea
Dunn — Not Voting
Franks — Not Voting
Graham — Not Voting
Jefferies — Not Voting
Jefferson — Yea
Kosel — Yea
Lang — Yea
Lindner — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Osmond — Not Voting
Osterman — Yea
Patterson — Not Voting
Phelps — Yea
Pritchard — Not Voting
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Sommer — Yea
Soto — Yea
Leitch — Yea
Krause — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Mulligan — Not Voting
Golar — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Not Voting
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 49000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Link — Yea
Luechtefeld — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Brady — Yea
Lauzen — Yea
Martinez — Yea
Meeks — Yea
Sullivan — Yea
Munoz — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Schoenberg — Yea
Cullerton — Yea
Jacobs — Yea
Sieben — Yea
Watson — Yea
Jones, J. — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1704 do?
Creates the Clean Coal FutureGen for Illinois Act for the purpose of providing the FutureGen Alliance with adequate liability protection, land use rights, and permitting certainty to facilitate the siting of the FutureGen Project in Illinois. Contain provisions concerning transfer of title to sequestered gas and associated liabilities to the State; insurance and indemnification by the State for the Operator for certain liabilities; permits; land use, including condemnation powers; and economic incentives. Contains other provisions and a severability clause. Amends: the Department of Commerce and Economic Opportunity Law concerning financial assistance; the Illinois Enterprise Zone Act concerning high impact businesses; the Court of Claims Act and the State Lawsuit Immunity Act concerning jurisdiction; and the Eminent Domain Act concerning condemnation authority. Effective immediately.
Who sponsors SB 1704?
SB 1704 is sponsored by Gary Forby, Thomas Holbrook, Brandon W. Phelps, Mike Fortner, Jim Sacia, Dan Reitz, Naomi D. Jakobsson, Arthur L. Turner, Charles E. Jefferson, Monique D. Davis, Kenneth Dunkin, La Shawn K. Ford (Democrat), Joseph M. Lyons, John D'Amico, Richard T. Bradley, Lou Lang, Shane Cultra, Robert F. Flider, David Reis, Aaron Schock, Eddie Washington, Dennis M. Reboletti, Roger L. Eddy, and Patrick J. Joyce (Democrat).
What is the current status of SB 1704?
This bill has been enacted into law. Introduced February 09, 2007. Enacted.
Where can I track SB 1704?
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