reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart A - EMERGENCY PLANNING AND NOTIFICATION › Section 620.100 - Emergency Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Types of Releases
The types of releases which are identified in Section 304(a)
				  of the Act ( 42 USCA 11004(a) ) shall be the types of releases that shall be
				  subject to the emergency notification requirements of this Section.
b) Notification
1) Notice required under Section 304(a) of
				the Act shall be given immediately after a release to the recipients of notice
				and in accordance with Section 304(b)(1) of the Act and 29 Ill. Adm. Code 430.
				Notification to the SERC shall be made by telephoning 1-800-782-7860.
2) Content of an emergency notice shall
				include information required in Section 304(b)(2) of the Act.
3) The owner or operator of a facility that
				has provided a notification in accordance with this subsection(b) shall provide
				a written follow-up notice in accordance with Section 304(c) of the
				Act.
4) In providing emergency
				notification of a release in accordance with Section 304(b) of the Act with
				respect to transportation or storage incidents, the owner or operator of a
				facility shall notify the SERC by telephoning 1-800-782-7860 in
				Illinois.
5) A facility owner or
				operator in a corporate headquarters outside Illinois whose transportation
				carrier is involved in an incident in Illinois reportable under the provisions
				of Section 304 of Title III of SARA ( 42 USCA 11004 ) may make an emergency
				notification to the Illinois SERC in accordance with Section 304 of the Act by
				dialing 217-782-7860.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart B - REPORTING REQUIREMENTS › Section 620.200 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart is designed to set up reporting procedures for
				  facilities that handle hazardous chemicals regulated under the Occupational
				  Safety and Health Standards ( 29 CFR 1910 ). It also establishes procedures to
				  ensure that the location and amount of hazardous chemicals in a facility is
				  monitored and made available to the SERC, the local planning committee, the
				  local fire department, and the public. The availability of this kind of
				  information is designed to facilitate public awareness by allowing individuals
				  to learn about the types and quantities of hazardous chemicals within their own
				  communities.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart B - REPORTING REQUIREMENTS › Section 620.210 - Material Safety Data Sheets (MSDS)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Submission of MSDS/List
The owner or operator of any facility which is required to
				  prepare or have available a material safety data sheet for a hazardous chemical
				  under the Occupational Safety and Health Act 29 USCA 651 et seq.) and
				  regulations promulgated under that Act ( 29 CFR 1910 ) shall submit a material
				  safety data sheet for each chemical, or a list of such chemicals as stipulated
				  in Section 311(A)(2) of the Act, and 40 CFR 370, to each of the
				  following:
1) Manager, Hazardous
				Materials Compliance and Enforcement, Illinois Emergency Management Agency, 110
				East Adams, Springfield, Illinois 62701-1109.
2) The local emergency planning committee of
				the planning district in which the facility is located.
3) The fire department with jurisdiction over
				the facility.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart B - REPORTING REQUIREMENTS › Section 620.220 - Public Availability of MSDS, Plans, Forms and Follow-up Notices

Current through Register Vol. 48, No. 28, July 12, 2024
Each emergency response plan, material safety data sheet,
				  inventory form, and follow-up emergency notice is to be made available to the
				  public by the SERC and the local emergency planning committee.
a) Information shall be made available to the
				general public at the Illinois Emergency Management Agency, 110 East Adams
				Street in Springfield, Illinois, between 8:30 a.m. and 5:00 p.m. everyday
				except weekends and official holidays.
b) The local emergency planning committee in
				each planning district shall designate a time and location that this
				information shall be available to the general public.
c) Each local emergency planning committee
				must publish annually a notice in local newspapers that the emergency response
				plan, material safety data sheets, and inventory forms have been
				submitted.
d) The published notice
				shall state that follow-up emergency notices may subsequently be issued. It
				shall also announce that any member of the public may review the emergency
				response plan, MSDS, inventory forms or follow-up at the designated time and
				place.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart B - REPORTING REQUIREMENTS › Section 620.230 - Emergency and Hazardous Chemical Inventory Forms - Tier I Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of any facility which is required to prepare or have available a
				material safety data sheet for a hazardous chemical under the Occupational
				Safety and Health Act ( 29 USCA 651 et seq.) and regulations promulgated under
				that Act ( 29 CFR 1910 ) shall prepare and submit an emergency and hazardous
				chemical inventory form (hereafter in this Section referred to as an "inventory
				form") to each of the following:
1) The
				Manager of Hazardous Materials Compliance and Enforcement, Illinois Emergency
				Management Agency, 110 East Adams, Springfield, Illinois 62701-1109.
2) The local emergency planning committee of
				the planning district in which the facility is located.
3) The fire department with jurisdiction over
				the facility.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 620 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subpart B - REPORTING REQUIREMENTS › Section 620.240 - Tier II Information

Current through Register Vol. 48, No. 28, July 12, 2024
An inventory form shall provide additional information as
				  required in Section 312(d)(2)(A) through (F) of the Act for each hazardous
				  chemical present at the facility. Tier II information shall be made available
				  to the public only upon request and in accordance with Section 312(e) of the
				  Act.
a) On request by the SERC, the
				local emergency planning committee or fire department, the facility must
				provide specific Tier II information to the person making the request. A
				request from any of these entities shall reference a specific
				facility.
b) A member of the public
				may ask the SERC or the local emergency planning committee for Tier II
				information regarding a facility. Any information in their possession is to be
				made available subject to limitations for trade secret protection and
				protection of information regarding specific location in the plant (in
				accordance with Section 322 of the Act) if so requested by the
				facility.
c) If a request from a
				member of the public cannot be provided because Tier II information is not
				available, the SERC or local emergency planning committee shall submit a
				written request for it to the facility.
d) A request to the facility is compulsory
				for hazardous chemicals present at the facility in excess of 10,000 pounds
				during the preceding calendar year. Below the 10,000 pound threshold the
				decision to request Tier II information shall be determined by the SERC or the
				local emergency planning committee in accordance with the provisions of Section
				312(e)(3)(C) of the Act.
e) The
				SERC or local emergency planning committee shall respond to a request for Tier
				II information no later than 45 days after receipt of the request.
f) The facility owner or operator shall
				record Tier I and Tier II information on inventory forms that shall be
				published by the USEPA.
g) A
				business may acquire blank Tier I and Tier II Emergency and Hazardous Chemical
				Inventory forms from the SERC by writing to:
Manager Hazardous Materials Compliance and Enforcement
Illinois Emergency Management Agency
110 East Adams
Springfield, Illinois 62701-1109.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 700 - JOINT RULES OF THE ILLINOIS COMMERCE COMMISSION, THE OFFICE OF THE STATE FIRE MARSHAL, AND THE ILLINOIS EMERGENCY MANAGEMENT AGENCY: FIRE PROTECTION AND EMERGENCY SERVICES FOR TELECOMMUNICATIONS FACILITIES

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Illinois Commerce Commission,
				the Office of the State Fire Marshal, and the Illinois Emergency Management
				Agency. The text of this Part appears at 83 Ill. Adm. Code
				785.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 1500 - JOINT RULES OF THE OFFICE OF THE STATE FIRE MARSHAL AND THE ILLINOIS STATE BOARD OF EDUCATION: SCHOOL EMERGENCY AND CRISIS RESPONSE PLANS › Section 1500.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the requirements for the annual review
				and updating of the protocols and procedures in each school's emergency and
				crisis response plan that is required by Section 25 of the School Safety Drill
				Act [105 ILCS 128/25 ],
				including the review of each school's compliance with the school safety drill
				requirements established in Section 15 of the Act [105 ILCS
				128/15 ].
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 1500 - JOINT RULES OF THE OFFICE OF THE STATE FIRE MARSHAL AND THE ILLINOIS STATE BOARD OF EDUCATION: SCHOOL EMERGENCY AND CRISIS RESPONSE PLANS › Section 1500.20 - Annual Review of Emergency and Crisis Response Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Each annual review shall be conducted by the participants
				identified in Section 25 of the Act and shall encompass the components of the
				plan enumerated in this Section. The report submitted pursuant to Section 25 of
				the Act shall indicate whether each component listed in this Section is present
				and up to date and shall describe the revisions, if any, that are needed in
				each. If any component is deemed inapplicable by the review participants, the
				report shall include the rationale for this determination.
a) Concept of Operations
1) The definition and assignment of roles and
			 responsibilities for direction and control, with specific reference to the
			 chain of command, designated back-up for each role, and other critical
			 functions (whether by reliance on the Incident Command System outlined in
			 "National Incident Management System" of March 1, 2004, published by the U.S.
			 Department of Homeland Security and posted at
http://www.fema.gov/pdf/nims/nims_doc_full.pdf
.
			 or by implementation of other strategies and methods having the same goals),
			 including:
A) responsibilities of individuals
			 who discover an emergency or crisis;
B) responsibilities of the leader/commander
			 and other members of the emergency team;
C) responsibilities of monitors who will
			 ensure the proper execution of the planned response;
D) responsibility for communicating with
			 first responders, building occupants, families, representatives of the media,
			 and other members of the community;
E) responsibility for maintaining
			 emergency-related records.
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 1500 - JOINT RULES OF THE OFFICE OF THE STATE FIRE MARSHAL AND THE ILLINOIS STATE BOARD OF EDUCATION: SCHOOL EMERGENCY AND CRISIS RESPONSE PLANS › Section 1500.30 - Objectives of Drills

Current through Register Vol. 48, No. 28, July 12, 2024
Each drill conducted pursuant to the Act shall be designed to
				fulfill the objectives discussed in this Section.
a) Notification and Response
To ensure that all students, staff members, first responders,
				and visitors, both inside and outside the school building, are alerted to the
				fact that an emergency exists; receive adequate instructions on how to proceed,
				including supplemental instructions from first responders; and respond
				appropriately to the directions given. (Each drill is to test whether the
				notification system and those operating it are prepared to provide emergency
				notification and appropriate direction to everyone on the property, based on
				the emergency conditions that exist, and whether those present respond
				accordingly.)
b) Movement
			 to Safe Areas
1) When evacuation is called
			 for, to ensure that evacuation of the building and adjacent areas is complete;
			 that alternate exit routes are used if primary routes are obstructed; and that
			 individuals with physical impairments reach safe areas. (Each drill is to test
			 whether and how quickly a building's occupants vacate it in an orderly and safe
			 manner, regardless of any obstructions encountered, and whether staff is
			 prepared to provide assistance effectively to those who are unable to evacuate
			 on their own.)
2) When sheltering
			 in place is called for, to ensure that all the building's occupants reach
			 designated safe areas in a reasonable amount of time. (Each drill is to test
			 whether students are prepared to respond without hesitation to
			 instructions.)
Illinois Administrative Code › Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE › Part 1510 - JOINT RULES OF THE OFFICE OF THE STATE FIRE MARSHAL AND THE ILLINOIS STATE BOARD OF EDUCATION: SCHOOL EMERGENCY AND CRISIS RESPONSE PLANS

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Office of the State Fire
				Marshal and the State Board of Education. The text of the Part appears at 29
				Ill. Adm. Code 1500.
Illinois Administrative Code › Title 32 - ENERGY › Part 100 - ADMINISTRATION OF THE ILLINOIS COAL AND ENERGY DEVELOPMENT BOND ACT › Section 100.10 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Energy and Natural Resources, having been
				created pursuant to "An Act in relation to natural resources, research, data
				collection and environmental studies" (Ill. Rev. Stat. 1981, ch. 96 1/2, par.
				7401(d)), has been designated by the General Assembly to exercise certain
				powers and perform certain duties in accordance with the Illinois Coal and
				Energy Development Bond Act (Ill. Rev. Stat. 1981, ch. 96 1/2, pars. 4101 et
				seq.).
Illinois Administrative Code › Title 32 - ENERGY › Part 100 - ADMINISTRATION OF THE ILLINOIS COAL AND ENERGY DEVELOPMENT BOND ACT › Section 100.30 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Application
			 shall be in writing and consist of one (1) original and five (5) copies which
			 shall be submitted to the Director of the Department of Energy and Natural
			 Resources, 325 West Adams Street, Room 300, Springfield, Illinois
			 62706.
b) Except as provided in
			 subsection (c) hereof, each Application shall contain categories of information
			 which shall include, but are not limited to, the following:
1) Technical Proposal
A) Table of Contents
B) Synopsis of Proposal
C) Project Objectives
D) Project Schedule by Task
E) Site and Facility Location
F) Process Selection and Design
G) Technical Feasibility of Project
H) Engineering, Procurement, Construction and
			 Operation
I) Product
			 Testing
J) Environmental
			 Feasibility
K) Socio-Economic
			 Impact
L) Future Use of Project
			 Results and Facility
M) Other
			 Relevant Information
Illinois Administrative Code › Title 32 - ENERGY › Part 100 - ADMINISTRATION OF THE ILLINOIS COAL AND ENERGY DEVELOPMENT BOND ACT › Section 100.40 - Department Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Application shall be reviewed by the Department and the Director may, in
			 his discretion, obtain the assistance of other persons and entities either
			 within or outside State government to assist in this review procedure. Such
			 assistance may include professional consultants, such as accountants,
			 architects, attorneys, engineers, planners, etc., applying ordinary
			 professional standards to such review to the extent the Department, pursuant to
			 its administrative abilities, is lacking professional and technical services
			 required to assess feasibility, adequacy, sufficiency and other relevant
			 factors contained in the Application.
b) The time required by the Department to
			 conduct its review of the Application will be determined by some or all of the
			 following factors:
1) the scope and complexity
			 of the proposed Project;
2) the
			 number of other Applications under concurrent review by the
			 Department;
3) the availability of
			 staff and administrative finances of the Department; and
4) the sufficiency and accuracy of the
			 Application.
Illinois Administrative Code › Title 32 - ENERGY › Part 100 - ADMINISTRATION OF THE ILLINOIS COAL AND ENERGY DEVELOPMENT BOND ACT › Section 100.50 - State Funding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department allocates State Funding pursuant to statutory language of the Act,
			 which provides that:
"The State of Illinois is authorized to issue, sell and provide
				for the retirement of general obligation bonds of the State of Illinois in the
				amount of $70,000,000, hereinafter called "Bonds," $65,000,000 of which shall
				be for the specific purposes of acquisition, development, construction,
				reconstruction, improvement, financing, architectural and technical planning
				and installation of capital facilities consisting of buildings, structures,
				durable equipment, and land for the purpose of capital development of coal
				resources, and $5,000,000 of which shall be for research and development of
				other forms of energy."
b)
			 The Department has the power to recommend an amount of State Funding for a
			 proposed Project to the Commission which amount and which proposed Project must
			 be approved or rejected by the Commission within 45 days of the receipt of the
			 proposal by the Commission.
c) The
			 Department shall exercise its power to recommend an amount of State Funding to
			 the Commission for its approval after
1)
			 making a determination that the Project is a qualifying Project pursuant to
			 Section
			 100.40
			 hereof, and
2) consideration of
			 factors which include, but are not limited to, the following:
A) the market potential for the increased use
			 of Illinois Coal, Coal Resources or Other Forms of Energy;
B) the transferability of the proposed
			 Project results to commercial applications capable of utilizing Illinois Coal,
			 Coal Resources or Other Forms of Energy;
C) the potential profit or proprietary
			 benefits which will be derived from the Project by the Contractor and other
			 Project participants, if any;
D)
			 the ability of the Contractor or other Project participants to obtain funding
			 from sources other than the State of Illinois;
E) the amount of State Funding in relation to
			 the amount of Total Project Cost and the amount of other Funding; and
F) the other anticipated direct and indirect
			 benefits of the Project to the State of Illinois.
Illinois Administrative Code › Title 32 - ENERGY › Part 100 - ADMINISTRATION OF THE ILLINOIS COAL AND ENERGY DEVELOPMENT BOND ACT › Section 100.60 - Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
Subsequent to Commission determination of an Eligible Project,
				the Department and the Contractor(s) shall commence to enter into an Agreement,
				the terms and conditions of which are subject to negotiation between the
				partners.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.10 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose
			 of the Illinois Industrial Coal Utilization Program is to increase the
			 environmentally sound use of Illinois Coal by Illinois manufacturers and
			 industries. (Section 9 of the Build Illinois Bond Act as amended by P.A.
			 84-1070, effective November 27, 1985, hereafter sometimes referred to as "the
			 Act").
b) The Department is
			 authorized to use monies deposited in the Illinois Industrial Coal Utilization
			 Fund, the Build Illinois Purposes Fund or the Build Illinois Bond Fund, subject
			 to appropriation, and to accept guarantees from individuals, partnerships,
			 joint ventures, corporations and governmental agencies for the purpose of
			 implementing a revolving loan program to partially finance new coal burning
			 facilities or conversion of existing facilities to Illinois Coal use.
c) The Department, subject to the approval of
			 the Illinois Coal Development Board, is authorized to make below market rate
			 loans available for Industrial Coal Projects. Any loan or series of loans shall
			 be limited to an amount not to exceed the lesser of $2,500,000 or 25% of the
			 Total Project Cost.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Build Illinois Bond Act, as may be amended from
				time to time. (P.A. 84-111, effective July 25, 1985 as amended by P.A. 84-1070
				effective November 27, 1985).
"Additional Financing" is the amount of financing needed from
				other sources which when added to State Financing shall equal the Total Project
				Cost as stated on the loan application.
"Applicant" means any manufacturer or industry doing business
				in Illinois who has submitted a written application to the Department for
				participation in the Illinois Industrial Coal Utilization Program.
"Board" means the Illinois Coal Development Board.
"Borrower" is an Applicant whose application for State
				Financing has been approved by the Board.
"Department" means the Department of Energy and Natural
				Resources of the State of Illinois.
"Director" means the Director of the Department of Energy and
				Natural Resources of the State of Illinois.
"Financial Advisory Committee" is a seven member committee
				appointed by the Director which shall advise the Department on the financial
				status of the application. Six members shall be representatives from the
				Illinois financial community and one member shall be a representative from the
				Department.
"Illinois Coal" means coal mined in Illinois.
"Industrial Coal Project", hereinafter sometimes referred to as
				"Project", means any new environmentally sound coal burning facility sited in
				Illinois or conversion of existing facility located in Illinois to coal use, in
				an environmentally sound manner.
"Program" means the Illinois Industrial Coal Utilization
				Program.
"State Financing" is that portion of Total Project Cost which
				the Department shall loan to the Borrower, the amount and terms of which have
				received prior approval of the Board.
"Total Project Cost" means only those estimated capital costs
				that include expenditures for the planning, engineering, acquisition,
				construction, improvement and conversion of facilities and equipment which will
				foster the environmentally sound use of Illinois Coal related to the completion
				of the Industrial Coal Project as shown on the loan application, but does not
				include corporate administrative, travel, or promotional costs incurred by the
				Applicant or other Project participants.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.30 - Solicitation of Industrial Coal Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will issue solicitation(s)
			 for applications to the Program when moneys are available. Notice of the
			 solicitation for applications shall be published in the official State
			 newspaper and otherwise publicized through press releases, contacting
			 interested parties on the Department's mailing list(s), trade publications, and
			 through other appropriate channels.
b) Applicants shall have forty-five (45) days
			 from the date of announcement of the solicitation to submit their applications
			 to the Department.
c)
			 Notwithstanding Section
			 110.30(a)
			 of this Part, the Department will accept unsolicited applications for funding
			 under the Program and shall review such applications according to the same
			 guidelines stated in this Part. Consideration of unsolicited applications shall
			 be made on a first-come first-serve basis, subject to the availability of funds
			 to the Department for the Program.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.40 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The application
			 shall be in writing and consist of one (1) original and five(5) copies which
			 shall be submitted to: Manager, Illinois Industrial Coal Utilization Program,
			 Illinois Department of Energy and Natural Resources, 325 W. Adams, Room 300,
			 Springfield, IL 62704.
b) Except as
			 provided in subsection (4) below, each application shall contain categories of
			 information which shall include, but are not limited to, the following:
1) Summary of Proposed Project
A) General description of the Industrial Coal
			 Project.
B) General description of
			 the Applicant including a history of the Applicant's present business, number
			 of employees, days and hours of operation, products, etc., for which the
			 Industrial Coal Project is to be established.
C) Curriculum vitae of the Applicant's
			 project manager, and managers of the Project's engineering, construction and
			 operation.
D) General description
			 of the Project site.
E) Such plans,
			 equipment lists or other documents which contribute to an understanding of the
			 type, structure and general character of the Project.
F) Preliminary engineering and cost estimates
			 for the development, construction or acquisition of new facilities or the
			 modification of existing facilities to be accomplished in the Industrial Coal
			 Project.
G) Estimated Total Project
			 Cost.
H) Project
			 schedule.
I) General description of
			 the expected use of Illinois Coal resulting from the Project, including
			 estimated annual usage and length of commitment to use Illinois Coal.
J) Methods of handling wastes and compliance
			 with existing emission standards.
K) Lists of known permits, licenses and other
			 authorizations as required by governmental agencies or others.
L) Other relevant information which the
			 Applicant wishes the Department to consider in its review of the
			 application.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.50 - Application Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department, with assistance from the Financial Advisory Committee, shall
			 evaluate applications for loans and make such evaluations available to the
			 Board. Evaluation of the loan applications shall be based on, but not limited
			 to, the following criteria: (Section 10 of the Act)
1) The length of time the Applicant 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.
			 (Section 10 of the Act)
2) The
			 total amount of Illinois Coal used. (Section 10 of the Act)
3) The financial feasibility of the Project,
			 the percentage of the Total Project Cost for which State Financing is
			 requested, and the extent to which the Project maximizes the use of private
			 funds or funds from other public sources. To be financially feasible the
			 Project must have a positive net present value and an internal rate of return
			 equal to or greater than the cost of capital. (Section 10 of the Act)
4) The technical merits of the Project,
			 including but not limited to the effectiveness of the proposed coal-use system
			 in controlling emissions of sulfur dioxide and other pollutants. The Project's
			 technology must be commercially proven and commercially available. (Section 10
			 of the Act)
5) The environmental
			 acceptability of the Industrial Coal Project, including the percentage
			 reductions of sulfur dioxide, nitrous oxides and other pollutants. The
			 Industrial Coal Project must comply with all applicable environmental
			 regulations.
6) The type and
			 quantity of fuel displaced by the Industrial Coal Project.
7) The amount of additional loan security
			 provided by the Applicant to the Department, if any.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.60 - Determination by the Illinois Coal Development Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall review the recommendations
			 of the Department and shall have final authority for the approval of State
			 Financing for any Industrial Coal Project. In making its determination, the
			 Board shall consider the recommendations of the Department and its Financial
			 Advisory Committee, and shall utilize the evaluation criteria set forth in
			 Section
			 110.50
			 of these rules.
b) The Applicant
			 shall be promptly notified in writing of the Board's determination.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.70 - State Financing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department allocates State Financing pursuant to the statutory language of the
			 Act, which provides that:
"The Department subject to the approval of the Illinois Coal
				Development Board shall make below market rate loans available to fund a
				portion of each qualifying [I]ndustrial [C]oal [P]roject." (Section 9 of the
				Act)
b) The interest rate
			 for State Financing shall be fixed for the period of the loan and shall not
			 exceed 5% per year. The Department shall annually set the interest rate for all
			 loans that will be issued during the next twelve months based upon the
			 following considerations:
1) current economic
			 conditions;
2) leading interest
			 rate indicators;
3) ability of the
			 State to maximize financial returns to the Illinois Industrial Coal Utilization
			 Fund;
4) potential to sustain the
			 Program through loan repayments;
5)
			 projected availability of other State funds for the Program; and
6) ability of the State to obtain a
			 sufficient number of Applicants for the Program.
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.80 - Loan Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
After an Industrial Coal Project has been approved by the
				Board, the Department and the Borrower shall execute a loan agreement. The loan
				agreement shall, at a minimum, require a letter of certification from the
				Borrower's fiscal officer or accountant stating that State Financing shall be
				applied only to the Industrial Coal Project, as described in the application
				and approved by the Board. The agreement shall include a statement signed by
				the Borrower certifying that it will comply with the terms and conditions of
				State Financing provided in connection with the Project and the Program. The
				loan agreement may specify actions necessary or appropriate to protect the
				State's interest in the event of default, foreclosure or noncompliance with the
				terms and conditions of the loan provided under the 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. (Section 12 of the Act)
Illinois Administrative Code › Title 32 - ENERGY › Part 110 - ADMINISTRATION OF THE ILLINOIS INDUSTRIAL COAL UTILIZATION PROGRAM › Section 110.90 - Repayment of State Financing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Borrower shall repay State Financing with interest in accordance with the terms
			 and conditions of the agreement between the Borrower and the
			 Department.
b) Funds repaid to the
			 State under this Program shall be placed in the Illinois Industrial Coal
			 Utilization Fund to be used for the purposes of the Program, subject to
			 appropriation.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois
			 Resource Development and Energy Security Act [20 ILCS 688 ] authorizes the
			 State of Illinois, through the Department of Commerce and Economic Opportunity,
			 formerly known as the Department of Commerce and Community Affairs, to promote
			 the development of new, coal-fired electric generation capacity in Illinois.
			 The purpose and scope of the Act is the enhancement of the State's energy
			 security by insuring that:
1) the State's
			 vast and underutilized coal resources are tapped as a fuel source for new
			 electric generating plants;
2) the
			 electric transmission system within the State is upgraded to more efficiently
			 distribute additional amounts of electricity;
3) well-paying jobs are created as new
			 electric plants are built in regions of the State with relatively high
			 unemployment; and
4) substantial
			 grant funds and the full faith and credit of the State of Illinois are made
			 available to facilitate investments in the State's energy infrastructure to
			 achieve economic development within the Illinois coal industry and insure
			 energy security for Illinois citizens.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.30 - Eligible Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
Businesses eligible for funding consideration under the Coal
				Revival Program must meet all of the following criteria:
a) construct a new electric generating
			 facility or a new expansion at an electric generating facility, including
			 transmission lines and associated equipment that transfers electricity from the
			 points of supply to points of delivery;
b) provide baseload electric power operating
			 on a continuous basis throughout the year;
c) construct a new facility or facility
			 expansion that will have an aggregate nameplate generating capacity of 400
			 megawatts (MW) or more for all units at one site;
d) commence foundation construction on or
			 after July 1, 2001;
e) use Illinois
			 coal or gases derived from coal as its primary fuel source at the proposed
			 facility; and
f) propose a facility
			 or facility expansion that supports the creation of at least 150 new Illinois
			 coal mining jobs.
As an alternative means of determining minimum eligibility
				under the program, job creation may be indirectly determined from quantities of
				coal purchased annually, based on the average amount of coal produced per
				Illinois miner in calendar year 2000, as published in the Annual Statistical
				Report of the Division of Mines and Minerals, Illinois Department of Natural
				Resources. The average Illinois miner produced 9,691 tons of coal in calendar
				year 2000.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.40 - Eligible Uses of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 grant amount may be used for capital facilities consisting of buildings,
			 structures, durable equipment and land at the new electric generating
			 facility.
b) Funding for the Coal
			 Revival Program is derived from the sale of general obligation bonds issued by
			 the State of Illinois. This funding source imposes limits on the use of program
			 funds. When authorized, general obligation bonds will be sold in increments and
			 grants awarded to successful applicants upon certification by the Governor's
			 Office of Management and Budget that the State portion of the projected tax
			 receipts will equal or exceed 110% of the maximum annual debt service over the
			 25-year life of the bonds. State sales taxes from coal used by new plants will
			 be set aside and transferred to the general obligation bond retirement and
			 interest fund to retire these bonds.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.50 - Allocation of Appropriations

Current through Register Vol. 48, No. 28, July 12, 2024
Annual appropriations made by the General Assembly to the
				Department for the purpose of providing grants under Section 605-332 of the
				Civil Administrative Code of Illinois [20
				ILCS 605/605-332 ] for new electric generating
				facilities are allocated by the Department.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.60 - Funding Limitation

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 605-332 of the Civil Administrative
				Code of Illinois [20
				ILCS 605/605-332 ], the Department may provide
				financial assistance not to exceed the amount of State general obligation debt
				as certified by the Governor's Office of Management and Budget, the amount of
				capital investment in the energy generation facility, or $100,000,000,
				whichever is less.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.100 - Application Request

Current through Register Vol. 48, No. 28, July 12, 2024
a) Potential
			 applicants are encouraged to advise the Department of their intent to apply to
			 the program prior to submitting a formal application. The Department may
			 request a written or oral description of the proposed project and other
			 information regarding the likely economic and environmental impacts of the
			 project. The Department may, at its discretion, provide potential applicants
			 with a preliminary assessment of their eligibility for the program provided
			 that sufficient project information is presented by the applicant.
b) Grant applications should be submitted in
			 accordance with the following guidelines:
1)
			 Application to the Coal Revival Program can be made only after the Illinois
			 Environmental Protection Agency has issued a draft construction permit for the
			 facility.
2) Applicants may submit
			 brochures and other presentations only as necessary to present a complete and
			 effective application.
3) The
			 Department may require applications to be clarified or supplemented through
			 additional written submissions or oral presentations.
4) One original and 5 copies of each grant
			 application shall be submitted to the Coal Revival Program Coordinator, Office
			 of Coal Development, Illinois Department of Commerce and Economic Opportunity,
			 620 East Adams Street, Springfield IL 62701-1615.
5) Applicants are discouraged from submitting
			 confidential information since materials submitted in conjunction with an
			 approved Coal Revival Program funding request are subject to disclosure, in
			 response to requests received under provisions of the Freedom of Information
			 Act [5 ILCS 140 ]. Information that could reasonably be considered to be
			 proprietary, privileged or confidential commercial or financial information
			 should be identified as such in the application. The Department will maintain
			 the confidentiality of that information only to the extent permitted by
			 law.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.120 - Application Evaluation Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All grant applications submitted will undergo a substantive evaluation in terms
			 of the technical, economic, environmental and management components of the new
			 electric generating facility by Department staff. The criteria used in
			 determining whether a grant will be awarded include, but are not limited to,
			 the following:
1) creation of at least 150
			 new Illinois coal mining jobs;
2)
			 creation of a new electric generating facility that has an aggregate rated
			 generating capacity of at least 400 megawatts for all new units at one site and
			 uses coal or gases derived from coal as its primary fuel source;
3) commitment to provide baseload electric
			 generation operating on a continuous basis throughout the year, including times
			 of significant area load fluctuations and high demand;
4) the total State occupation and use taxes
			 paid on Illinois-mined coal used at the new electric generating facility for a
			 minimum of 4 preceding calendar quarters, or the projected total State
			 occupation and use taxes to be paid annually on Illinois-mined coal used at the
			 new electric generating facility;
5) the beginning and completion construction
			 dates of the electric generating facility; and
6) the amount of capital investment by the
			 eligible business in the new electric generating facility.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.130 - Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 grant has been awarded, the grantee and the Department shall execute an
			 Agreement. The Agreement shall be executed between the grantee and the Director
			 or the Director's designee on behalf of the Department.
b) The Agreement shall contain substantive
			 provisions, including, but not limited to, the following:
1) A recitation of legal authority pursuant
			 to which the Agreement is made;
2)
			 An identification of the project scope and schedule, and the work or services
			 to be performed or conducted by the grantee;
3) An identification of the grant
			 amount;
4) The conditions and
			 manner in which the Department shall pay the grant amount subject at all times
			 to annual appropriation by the General Assembly;
5) A promise by the grantee not to assign or
			 transfer any of the rights, duties or obligations of the grantee without the
			 written consent of the Department;
6) A promise by the grantee not to amend the
			 Agreement without the written consent of the Department. Failure to do so will
			 result in a cost disallowance. The project must be completed by the completion
			 date in the Agreement unless a written request for an extension is submitted no
			 later than 30 days prior to the award completion date;
7) A covenant that the grantee shall expend
			 the grant amount and any accrued interest only for the purposes of the project
			 as stated in the Agreement and approved by the Department;
8) A covenant that the grantee shall refrain
			 from entering into any written or oral agreement or understanding with any
			 party that might be construed as an obligation of the State of Illinois or the
			 Department for the payment of any funds under the Act; and
9) A covenant that no grant funds will be
			 disbursed until the eligible business has satisfactorily demonstrated to the
			 Department that the revenue stream will be sufficient to service the debt on
			 General Obligation Bonds issued in support of the project.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.140 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, subdivision, paragraph, sentence,
				clause or phrase in this Part or any portion thereof is for any reason held to
				be unconstitutional or invalid or ineffective by any forum of competent
				jurisdiction, that decision shall not affect the validity or effectiveness of
				the remaining portions of this Part.
Illinois Administrative Code › Title 32 - ENERGY › Part 120 - ADMINISTRATION OF THE COAL GRANT PROVISIONS OF THE ILLINOIS RESOURCE DEVELOPMENT AND ENERGY SECURITY ACT › Section 120.150 - Administrative Requirements for Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Termination of Grant - Grants shall be
			 terminated for the following reasons:
1)
			 Termination Due to Loss of Funding - In the absence of State funding for a
			 fiscal year, all grants for that year will be terminated in full. In the event
			 of a partial loss of State funding, the Department will make proportionate cuts
			 to all grantees. In the event the Department suffers such a loss of funding in
			 full or part, the Department will give the grantee written notice setting forth
			 the effective date of full or partial termination or, if a change in funding is
			 required, setting forth the change in funding and changes in the approved
			 budget.
2) Termination for Cause
A) If the Department determines that the
			 grantee has failed to comply with the terms and conditions of the grant, the
			 Department shall terminate the grant in whole, or in part, at any time before
			 the date of completion. Circumstances that will result in the termination of a
			 grant include, but are not necessarily limited to, the following: consistent
			 failure to submit required reports; failure to maintain required records;
			 evidence of fraud and abuse; and consistent failure to meet performance
			 standards. These circumstances are explained in the Agreement.
B) The Department shall notify the grantee in
			 writing, within 10 working days after the determination to terminate, of the
			 reasons for the termination and the effective date of the termination. Payments
			 made to the grantee or recoveries by the Department shall be made in accordance
			 with legal rights and liabilities in the Agreement.
3) Termination by Agreement - The Department
			 and the grantee shall terminate the grant in whole or in part when the
			 Department and the grantee agree that the continuation of the program
			 objectives would not produce beneficial results commensurate with the future
			 expenditure of funds. The Department and the grantee shall agree upon
			 termination conditions, including the effective date, and, in the case of
			 partial termination, the portion to be terminated. The grantee shall not incur
			 new obligations for the terminated portion after the effective date, and shall
			 cancel as many outstanding obligations as possible. The Department shall allow
			 full credit to the grantee for the Department's share of the noncancelable
			 obligations, properly incurred by the grantee prior to termination.