Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 1105/ - Energy Conservation and Coal Development Act.

(20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
Sec. 1. Definitions; transfer of duties.
(a) For the purposes of this Act, unless the context otherwise requires:
(b) As provided in Section 80-20 of the Department of Natural Resources
Act, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity)
shall assume the rights,
powers, and duties of the former Department of Energy and Natural Resources
under this Act, except as those rights, powers, and duties are otherwise
allocated or transferred by this amendatory Act of the 102nd General Assembly or any other law.

(Source: P.A. 102-444, eff. 8-20-21.)
 
(20 ILCS 1105/2) (from Ch. 96 1/2, par. 7402)
Sec. 2.
(Repealed).

(Source: P.A. 85-828. Repealed by P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
Sec. 3. Powers and duties.
(a) In addition to its other powers, the Environmental Protection Agency has the following
powers:
(a-5) In addition to its other powers, the Department has the following powers:
(b) (Blank).
(c) (Blank).
(d) The Agency shall develop a package of educational materials
containing information regarding the necessity of waste reduction and recycling to reduce
dependence on landfills and to maintain environmental quality. The Agency
shall make this information available to the public on its website and for schools to access for their development of materials. Those materials shall be suitable for instructional use in grades 3, 4
and 5.
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).

(Source: P.A. 102-444, eff. 8-20-21.)
 
(20 ILCS 1105/6) (from Ch. 96 1/2, par. 7406)
Sec. 6.
(Repealed).

(Source: P.A. 87-895. Repealed by P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 1105/7) (from Ch. 96 1/2, par. 7407)
Sec. 7.
(Repealed).

(Source: P.A. 84-25. Repealed by P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
Sec. 8. Illinois Coal Development Board.
(a) There may be established as an advisory board to the
Department, the Illinois Coal
Development Board, hereinafter in this Section called the Board. The Board
shall be composed of the following voting members: the
Director of the
Department, who shall be Chairman thereof; the Deputy Director of the Bureau
of Business Development within the Department of Commerce and Economic Opportunity; the President of the University of Illinois or his or her designee; the Director of
Natural
Resources or that Director's designee; the Director of the Office of Mines and
Minerals within the Department of Natural Resources;
4 members of the General Assembly (one each appointed by the President of
the Senate, the Senate Minority Leader, the Speaker of the House, and the House
Minority Leader); and 8
persons appointed by the Governor, with the advice and consent of the Senate,
including representatives of Illinois
industries that are involved in the extraction, utilization or transportation
of Illinois coal, persons representing financial or banking interests in the
State, and persons experienced in international business and economic
development. These members shall be chosen from persons of recognized ability
and experience in their designated field. The members
appointed by the Governor shall serve
for terms of 4 years, unless otherwise provided in this subsection. The
initial terms of the original appointees shall expire on July 1, 1985, except
that the Governor shall designate 3 of the original appointees to serve initial
terms that shall expire on July 1, 1983. The initial term of the member
appointed by the Governor to fill the office created after July 1, 1985 shall
expire on July 1, 1989. The initial terms of the members appointed by the
Governor to fill the offices created by this amendatory Act of 1993 shall
expire on July 1, 1995, and July 1, 1997, as determined by the Governor.
A member appointed by
a Legislative Leader shall serve for the duration of the General Assembly for
which he or she is appointed, so long as the member remains a member of that
General Assembly.
The Board may meet at least annually or at the call of the Chairman.
At any time the majority of the Board may petition the Chairman for a meeting
of the Board. Nine members of the Board shall constitute a
quorum. Members of the Board shall be reimbursed for actual and necessary
expenses incurred while performing their duties as members of the Board from
funds appropriated to the Department for such purpose.
(b) The Board shall provide advice and make recommendations on
the following Department powers and duties:
(c) The Board shall also provide advice and make recommendations on the following Department powers and duties:
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; 96-739, eff. 1-1-10.)
 
(20 ILCS 1105/8a)
Sec. 8a.
(Repealed).

(Source: P.A. 90-304, eff. 8-1-97. Repealed by P.A. 92-736, eff. 7-25-02.)
 
(20 ILCS 1105/8.1)
Sec. 8.1.
The Illinois Coal Resurgence Program.
The Department shall
administer the Illinois Coal Resurgence Program. The Department shall have the
following powers in accordance with Section 7 of the General Obligation Bond
Act:
(Source: P.A. 90-312, eff. 8-1-97.)
 
(20 ILCS 1105/9) (from Ch. 96 1/2, par. 7409)
Sec. 9. The Illinois Industrial Coal Utilization Program.
The
Department shall administer the Illinois
Industrial Coal Utilization Program, referred to
as the "program". The purpose of the program is to increase
the environmentally sound use of Illinois coal by qualified applicants.
To that end, the Department shall
operate
a revolving loan program to partially finance new coal burning facilities
sited in Illinois or conversion of existing boilers located in Illinois to
coal use, referred to as "industrial coal projects".
The Department, with the advice and recommendation of the
Illinois Coal Development Board, shall make below market rate
loans available to fund a portion of each qualifying industrial
coal project. The applicant must demonstrate that it
is able to obtain additional financing
from other sources to fund the remainder of the project
and that the project would not occur without the
Department's participation. The Department
may, in part, rely on the financial evaluation completed by the
provider of the additional funding, as well as its own evaluation.
The Department shall have the following powers:
(1) To accept grants, loans, or appropriations
from the federal government or the State, or any agency or
instrumentality of either, to be used for any purposes of the
program, including operating and administrative expenses
associated with the program and the making of direct loans of those funds
with respect to projects. The Department may enter into any agreement with
the federal government or the State, or any agency or instrumentality
of either, in connection with those grants,
loans, or appropriations.
(2) To make loans from appropriations from the Build Illinois Bond Fund
and to accept guarantees from individuals, partnerships, joint ventures,
corporations, and governmental agencies. Any loan or series
of loans shall be limited to an amount not to exceed the lesser of
$4,000,000 or 60% of the total project cost.
(3) To establish interest rates, terms of repayment, and other terms
and conditions regarding loans made under this Act as the Department
shall determine necessary or appropriate to protect the public interest and
carry out the purposes of this Act.
(4) To receive, evaluate, and establish time schedules for the
determination of, and determine applications for financial aid for
the development, construction, acquisition, or improvement of, an industrial
coal project from any qualifying applicant and negotiate
terms and conditions on which the coal project may be developed,
constructed, improved, owned, or used by or leased to the applicant
or its successor in interest. The Department shall prescribe the form of
application. The form shall contain, without being limited
to, the following:
Nothing in this Section shall be deemed to preclude the Department,
before the filing of any formal application, from conducting preliminary
discussions and investigations with respect to the subject matter of any
prospective applications.

(Source: P.A. 94-91, eff. 7-1-05.)
 
(20 ILCS 1105/10) (from Ch. 96 1/2, par. 7410)
Sec. 10.
Evaluation of loan applications.

The Department shall evaluate applications for loans and make
such evaluations available to the Illinois Coal
Development Board. Evaluation of the loan applications
shall be based on, but not limited to, the following
criteria:
(a) The length of time applicants will commit to using Illinois coal in
the facility which is modified,
acquired or constructed as a result of the project. The applicant must
agree to use Illinois coal for at least the life of the loan as a condition
of such loan. Weight shall be given for longer commitments.
(b) The total amount of Illinois coal used. Weight
shall be given
to projects using larger amounts of Illinois coal over the life of the loan.
(c) The percentage of the total project costs the
State is asked to finance. Weight shall be given to projects which
maximize the use of private funds or funds from other public sources.
(d) The technical merits of the project, including but not limited to,
the effectiveness of the prepared coal-use system in controlling emissions
of sulfur dioxide and other pollutants.

(Source: P.A. 84-111; 84-1070.)
 
(20 ILCS 1105/11) (from Ch. 96 1/2, par. 7411)
Sec. 11.
Deposit of Illinois Industrial Coal Utilization moneys.
The Department is authorized to accept any and all grants, repayments of
interest and principal on Industrial Coal Utilization loans, matching
funds, reimbursements, appropriations, income derived from investments, or
other things of value from the federal or state governments or from any
institution, person, partnership, joint venture, or corporation, public or
private, received under the Illinois Industrial Coal Utilization Program
for deposit into the General Revenue Fund in the State treasury. Any moneys
collected as a result of foreclosures of loans or other financing
agreements, or the violation of any of their terms, under this program
shall also be deposited into the General Revenue Fund. On or as soon as
practicable after July 1, 1991, the State Comptroller and the State
Treasurer shall transfer the balance of moneys in the Illinois Industrial
Coal Utilization Fund to the General Revenue Fund.

(Source: P.A. 87-14.)
 
(20 ILCS 1105/12) (from Ch. 96 1/2, par. 7412)
Sec. 12.

The Department may take whatever actions are necessary or
appropriate to protect the State's interest in the event of default,
foreclosure or noncompliance with
the terms and conditions of the loans or grants provided under the Illinois
Industrial Coal Utilization Program, including the power to sell, dispose,
lease or rent, upon terms and conditions deemed to be appropriate by the
Department, real or personal property which the Department may receive as a
result thereof.

(Source: P.A. 84-111.)
 
(20 ILCS 1105/13) (from Ch. 96 1/2, par. 7413)
Sec. 13.

The Department shall have the authority
to promulgate such rules and regulations as
are necessary to carry out the purposes of the Illinois Industrial Coal
Utilization Program.

(Source: P.A. 84-111.)
 
(20 ILCS 1105/13.1)
Sec. 13.1.
Short title.
This Act may be cited as the Energy Conservation
and Coal Development Act.

(Source: P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 1105/14) (from Ch. 96 1/2, par. 7414)
Sec. 14.
(Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
 
(20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
Sec. 15. (a) The Department, in cooperation with the Illinois Finance
Authority,
shall establish a program to assist units of local government, as defined in
the Illinois Finance Authority Act, to identify and arrange financing for
energy conservation projects for buildings and facilities owned or leased by
those units of local government.
(b) The Department, in cooperation with the Illinois Finance
Authority, shall establish a program to assist health facilities to
identify and arrange financing for energy conservation projects for
buildings and facilities owned or leased by those health facilities.

(Source: P.A. 95-331, eff. 8-21-07.)
 
(20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
Sec. 16.
(Repealed).

(Source: P.A. 90-655, eff. 7-30-98. Repealed internally 7-1-98.)

Structure Illinois Compiled Statutes