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State Legislation
2012 Legislative Calendar

The House of Representatives and Senate are scheduled to return on Tuesday, January 31, 2012 for Regular Session.



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State Legislative Update - December 30, 2011

New Public Acts from 2011


T
ransportation

Public-Private Partnerships for Transportation Act (Public Act 97-0502)- was signed into law on August 23, 2011 and  was sponsored by Representative Elaine Nekritz.  The Act limits the Authority to not 1) use any revenue generated under the Tollway Authority's jurisdiction, which is currently open to vehicular traffic and 2) use any asset, or the proceeds from the sale or lease of any such asset, which was owned by the Authority to enter into or provide funding for a public-private agreement.  There are provisions for procurement, agreements, development and operations standards for transportation projects, financial arrangements, acquisition of property, labor matters, law enforcement, property, powers, prohibitions, and other matters.

Illinois Highways - Protected Corridor (Public Act 97-0279) was signed into law on August 28, 2011The law 1) requires hearings be held regarding every protected corridor, regardless of whether the corridor is established before or after August 8, 2011; 2) provides that in the case of a protected corridor established prior to 10 years passage of this Act, the hearing shall be conducted within 6 months of the effective date of this Act; and 3) IDOT will retain the discretion to maintain or abolish any protected corridor.





Illinois Main Streets Act
was signed into law on August 25, 2011 becoming Pub
lic Act 97-0573.  The bill was sponsored by Representative Patrick Verschoore.  The law creates the Illinois Main Street Act and the Illinois Main Street Fund.  The Act authorizes DCEO to create the Main Street Program to provide assistance to Main Street communities and financial assistance to municipalities to assist in initial downtown revitalization program start up costs.  The Lieutenant Governor will serve as the ambassador to the program.

Freight & Rail



IDOT - Freight Mobility Plan (Public Act 97-0032) was signed into law on June 28, 2011.  The law requires IDOT to publish and deliver its master plan for highway, waterway, aeronautic, mass transportation and railroad systems to the Governor and General Assembly by December 31, 2012 and every 5 (instead of 2) years thereafter.

The master plan shall include a comprehensive and multimodal freight mobility plan which shall analyze commodity flows, assess the freight transportation network, and identify significant freight system trends, needs, and economic opportunities. Provides that the multimodal freight mobility plan shall recommend improvements in the operation and management of the freight system, projects that will eliminate inefficiencies in the State's freight network, methods of funding needed for freight system improvements, and policies to ensure the safe, reliable, and efficient movement of goods within and through the State and to ensure the State's economic vitality. Provides that the freight mobility plan shall incorporate and maintain compatibility with any federally required rail plan affecting this State.


Universal electronic tolling collection system
(Public Act 97-0252) was signed into law on August 4, 2011 and was sponsored by Representative Bob Rita.  The Act requires IDOT, counties, and municipalities to configure the electronic toll collection system on county toll bridges, municipal toll bridges, and municipal ferries (and, if electronic toll collection is used on any highways constructed or maintained by IDOT, on those highways) to be compatible with the electronic toll collection system used by the Tollway Authority.


Mass Transit

Bus On Shoulder Pilot Program
(Public Act 97-0292) was signed into law on August 11, 2011.  The sponsor is Senator Maggie Crotty. The Act provides IDOT, in cooperation with the RTA and the State Police to establish a 5-year pilot program within the boundaries of the RTA for bus rapid transit on highways and shoulders.

Environment & Energy

Power Agency – Procurement Plans
– (Public Act 97-0096) was signed into law on July 13, 2011.  The sponsor is Senator Mike Jacobs and requires gas utilities serving 150,000 customers to enter into 30 year contract with the clean energy SNG brownfield facility (Leucadia/Chicago Clean Energy) for the purchase of substitute natural gas (SNG) generated by the facility or file biennial rate proceedings before the Illinois Commerce Commission in 2012, 2014, and 2016. 

Offshore Wind Energy Council – (Public Act 97-0266) was signed into law on August 8, 2011.  The sponsor was Senator Jeffrey Schoenberg.  The bill creates the Lake Michigan Offshore Wind Energy Council Act as a separate entity within the DNR with no specific appropriation.  The Council will examine certain topics related to offshore wind energy facilities on Lake Michigan and report its findings and recommendations to the Governor and General Assembly by December 31, 2011 and be repealed the Act on July 1, 2012.

Environmental Ju
stice Act - (Public Act 97-0391) was signed into law on August 16, 2011.  The sponsor was Senator Toi Hutchinson and establishes the Commission on Environmental Justice and charges the Commission with advising State entities on environmental justice issues, reviewing and analyzing current State laws and policies, assessing the adequacy of those laws to address environmental justice issues, developing certain criteria, and recommending options to rectify environmental justice concerns. Requires the EPA to provide the Commission with administrative support. 

Infrastructure Investment and Modernization –(Public Act 97-0616) became law on October 31.  The bill was sponsored by Representative Kevin McCarthy.  The Act creates the Smart Grid Advisory Council comprised of 7 members, in which each participating utility shall file a Smart Grid Advanced Metering Infrastructure Deployment Plan with the Commission no later than April 1, 2012. It also establishes of the Illinois Science and Energy Innovation Trust.  

Infrastructure Investment Program:  ComEd must invest 1) at least $1.1B over 5 years in system upgrades, modernization projects and training facilities, 2) at least $1.5B over 10 years in smart grid system upgrades and distribution and transmission infrastructure upgrades and 3) create approximately 2000 full time equivalent jobs.  Ameren electric must 1) invest $625 over 10 years in electric system upgrades, modernization projects, training facilities, distribution and transmission infrastructure upgrades, and smart grid system upgrades and 2) create approximately 450 full time equivalent jobs.  Both entities will be fined $3000 for each job which it fails to create.  

Clean energy provisions: 1) allows large rooftop owners to install solar and wind power on their roofs 2) 1% of the renewable energy procured under existing Renewable Energy Portfolio Standard will come from small-scale renewable projects and 3) change the way the Illinois Power Agency procures power on behalf of Illinois consumers.

Clean Coal FutureGen for Illinois Act – (Public Act 97-0618) became law after the General Assembly voted to over-ride the Governor's veto of the bill.  The bill was sponsored by Senator Don Harmon.  The bill re-enacts the Clean Coal FutureGen for Illinois Act and reduces the state’s liability for the project.  The Act will sunset if construction for the project has not begin within 5 years of the effective date. 

Resolutions

Mass Transit Study was adopted on May 19, 2011.  The resolution was sponsored by Representative Cynthia Soto and requires the House Mass Transit Committee and the Senate Transportation Committee hold at least one joint hearing to take testimony from the RTA, CTA, PACE, and Metra concerning the provision of a more modern and efficient mass transit system. By December 31, 2011, the committees must jointly report to the General Assembly their findings concerning the creation of a more modern and efficient mass transit system. 



Pavement Preservation was adopted on May 25, 2011 and was sponsored by Senator Toi Hutchinson.  The resolution encourages furthering the effort to create a comprehensive pavement preservation and maintenance plan in Illinois.

HJR35 - sponsored by Senator Toi Hutchinson creates the Secretary of State's Advisory Committee on Traffic Safety to look at all aspects of traffic safety in an effort to determine legislative and administrative action that can be taken to lower the number of traffic related fatalities in Illinois.


Bills monitored during Veto Session:

Brownfields - sponsored by Senator James Claybourne.  SB1900 passed out of the Senate Revenue & Finance Committee with a vote of 5-4.  It currently sits on 2nd Reading.  SB1900 provides that qualified taxpayers that undertake one or more eligible projects related to the remodeling, rehabilitation, modernization, or remediation of certain contaminated property may apply with the Department of Commerce and Economic Opportunity to obtain a tax credit against their income tax liability.

Illinois Midwest High Speed Rail Commission - HB1966 was vetoed by the Governor because the creation of the commission duplicated the work of the 220 High Speed Rail Commission which was appointed in June 2011.  No action was taken during the first two weeks of Veto Session.

New Tollway powers to build and lease rail passenger service - HB2270 was amendatorily vetoed by the Governor.  The Governor added language to the bill requiring an approval process for the design and construction of projects entered into by the the Illinois Tollway Authority.

HJR 34 - sponsored by Senator Mattie Hunter.  The resolution supports the USEPA in its efforts to protect the health of Illinoisans and fulfill the charge of the Clean Air Act to clean up dangerous air pollution, including mercury, lead, smoot, smot and carbon pollution.

Greenhouse Gases – Urges EPAHR265 sponsored by Representative Mike Bost.  The bill remains in the House Environmental Health Committee.  The resolution urges Congress to adopt legislation prohibiting the EPA, by any means necessary, from regulating greenhouse gas emissions, including if necessary defunding the EPA greenhouse gas regulatory activities, to impose a moratorium on the promulgation of any new air quality regulations by the EPA, except to directly address an imminent health or environmental emergency, for a period of at least two years, and to require the present Presidential administration to undertake a comprehensive study identifying all regulatory activity that the EPA intends to undertake in furtherance of its goal of "taking action on climate change and improving air quality" and specifying the cumulative effect of all of these regulations on the economy, jobs and American economic competiveness.

Municipal Code – Regulate Wind Farms -   SB167 sponsored by Senator John Sullivan.   The bill made it through the Senate chambers but failed to get enough votes in the House Environment & Energy Committee on May 11.  The bill states that a municipality may regulate wind farms and electric-generating wind devices without creating a zoning commission or adopting a zoning ordinance for the entire municipality when considering certain siting issues. Provides that the authorization applies to ordinances adopted before, on, or after the effective date of the amendatory Act by a municipality to regulate wind farms and electric-generating wind devices within 1.5 miles of the corporate boundaries of the municipality. Provides that except for permitted wind farms, any ordinance shall preempt county zoning regulations and no siting approval shall be required within 1.5 miles of the municipality.

County Code – Storm Water Management HB3372 sponsored by Senator David Koehler.  Per the sponsor, the bill will be held on 2nd Reading until Veto Session.  The sponsor indicated there is an additional amendment to the bill to clarify a few issues specifically dealing with the Illinois Home Builder’s Association.  Metro Counties and Center For Neighborhood Technology are proponents. 

County Code – Wind Farm RegulationHB0230 sponsored by Senator Dave Koehler.  Per the sponsor, the bill will be held on 2nd Reading since an amendment is forthcoming that will be adding residential property to the exception with a capacity less than 5000 kilowatts.  There was a great deal of discussion on the height limitations for residential wind farms based on the set back from the neighborhood property line.  The bill is geared to those who want to generate their own wind energy and not meant for commercial wind generation. The amendment will further restrict commercial districts from finding a back door to setting up a wind generation device.


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