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*** UPDATED x2 - Senate approves - House approves *** Exelon bill back on track?

Thursday, Dec 1, 2016 - Posted by Rich Miller

* The Exelon bill has been retooled yet again to accommodate the governor’s objections. “All prevailing wage requirements have been removed from the bill,” said one source close to the negotiations. That’s been confirmed by others.

That would be a huge thing because Speaker Madigan has so far refused to back away from union-related issues like prevailing wage and his spokesman told Crain’s today that the language had been in the bill “for months”

“Once again, they’re grasping at straws and they’re not quite getting the grip”

* The immediate effective date has also been removed by Amendment 10, so the bill now only requires 60 in the House and 30 in the Senate. That’s important because legislators are high-tailing it out of town as the afternoon wears on…


* Rep. Mark Batinick had filed several impact notes but just withdrew them, paving the way for a floor vote.

* But the fight may not be over even if the bill passes

The CEO of Illinois’ second largest power generator is fuming over Rauner’s 11th-hour agreement to support Exelon’s nuclear-plant bailout—calling it a “regressive tax on rural America.”

“Illinois legislators and the governor have decided that nuclear jobs are more important than coal-mining and coal-generation jobs as well as all other industrial jobs in the state by throwing hundreds of millions of dollars in subsidies at the feet of Exelon, a multibillion company located in Chicago,” Dynegy CEO Robert Flexon wrote in an email.

Houston-based Dynegy’s coal-fired plants are the primary source of electricity in central and southern Illinois and, like Exelon’s nukes in Clinton and Quad Cities, are at risk of closing due to persistently low wholesale power prices tied to the cheap cost of natural gas. Flexon said in a follow-up interview that Dynegy will spend to defeat any downstate lawmakers who vote for the legislation hiking rates statewide to bail out the two money-losing nukes Exelon has slated for closure.

If the bill becomes law, the company also will sue to overturn it on grounds it interferes with federal control of wholesale power markets. New York State’s program to subsidize Exelon-owned nuclear plants in that state already is the subject of such a lawsuit, and Dynegy is one of the plaintiffs. “I think you can look to New York to see what we’ll do next,” he said, referring to the lawsuit.

“By the state giving corporate welfare to Exelon, it is absolutely going to accelerate retirements of plants in central and Southern Illinois,” Flexon said.

Exelon has refused requests from Illinois Attorney General Lisa Madigan to include language in the bill that would provide refunds to ratepayers if a court halts the program.

* As always, follow our live coverage post for instant updates.

*** UPDATE 1 ***  The bill passed the House with 63 votes. 38 voted against it. Now, on to the Senate.

*** UPDATE 2 *** The Senate passed the bill 32-18.

  51 Comments      


*** UPDATED x8 - House doesn’t vote - Senate votes to override - Emanuel responds - CTU responds - ILGOP responds - Cullerton responds - Rauner vetoes CPS funding bill *** Cullerton says there was no deal on pension reform, Madigan says he didn’t suggest stopgap budget

Thursday, Dec 1, 2016 - Posted by Rich Miller

* Senate President John Cullerton emerged from the leaders meeting today to deny that the Democrats had ever agreed to do a pension reform deal in exchange for a $215 million appropriation for Chicago Public Schools.

“We haven’t talked about putting those two things together,” Cullerton said, even though it was widely reported that a deal had, in fact, been made back in June.

Cullerton said the governor told the leaders today that he wasn’t going to sign the CPS funding bill.

“The governor indicated that he thought before he would sign that he wanted to have some pension reform,” Cullerton said. “That was the governor’s insistence. We passed the bill and put it on his desk, so I would urge him to sign it. If he’s not going to sign it because he wants something else, he hasn’t told us what that is yet.”

“To me, it’s just semantics,” Cullerton said. “Things aren’t tied together.”

However, House GOP Leader Jim Durkin told reporters that it is “disappointing that they’ve walked away from the deal we had in that room last June regarding the Chicago Public Schools and the $200 million in exchange for a pension reform bill to be completed by the end of this General Assembly. They’ve gone back on it… They’re not interested in pension reform, they’re more interested in stopgap.”

Senate Republican Leader Christine Radogno agreed with Durkin’s take.

* Meanwhile, Speaker Madigan told reporters that he was available to meet over the weekend with the other leaders, but not on Friday or Monday.

Madigan also shot back at the governor’s claim that he demanded a stopgap budget.

“I did not suggest a stopgap budget,” Madigan said. “The idea of a stopgap budget originated with the governor or his people.”

“The word stopgap was never used,” Madigan said. “I’m suggesting a budget. I’m suggesting a budget. There was very little discussion about budget-making today.” He didn’t specify what those other topics were.

But Leader Radogno said, “It’s all semantics whether you call it an ‘unbalanced budget’ [or] a ’stopgap budget.’ What we need and what we’re committed to continue to work on is a balanced budget that will contain reforms.”

Senate President Cullerton waved off the entire issue. “A stopgap budget is what you would do if you couldn’t pass a balanced budget. I want to focus on passing a full budget,” he said.

* Asked about the latest glitches with the Exelon bill, with the Rauner administration claiming “poison pills” had been inserted, Speaker Madigan said “The governor’s administration says a lot of things.”

Speaking of which, here’s Crain’s

Rauner also discovered a provision on prevailing wages that he accused archrival House Speaker Michael Madigan of inserting into the bill, this source said.

Madigan’s spokesman Steve Brown said the prevailing wage language has been in the legislation for months. “Once again, they’re grasping at straws and they’re not quite getting the grip,” he said.

* One positive (I suppose) development today, however, was that staff has been assigned to take a look at some reform and budget proposals.

*** UPDATE 1 ***  Well, that didn’t take long. The governor has vetoed the CPS funding bill…

Governor Bruce Rauner took action today on the following bill:

Bill No.: SB 2822
An Act Concerning Public Employee Benefits
Action: Vetoed

Veto Message
To the Honorable Members of

The Illinois Senate,

99th General Assembly:

Today I return Senate Bill 2822, which would give $215,000,000 to Chicago Public Schools without having reached agreement on comprehensive pension reforms for the State and local governments.

In June we agreed on a six-month funding bridge to a balanced budget with structural and economic reforms. Democrat leaders were clear at that time that an agreement to end the budget impasse was not possible before the election. Although disappointed, we came together to fund schools and critical government operations until legislative leaders were willing to reengage in serious, good faith negotiations.

As a precondition to funding schools statewide, Democrats proposed a $700 million State bailout of CPS. We eventually agreed to provide CPS with $215,000,000 – the estimated amount of its Fiscal Year 2017 employer normal pension cost – but only if we came together to pass comprehensive pension reform. Without reforms to solve our structural problems, taxpayer money would continue to be wasted on bailout after bailout.

The agreement was clear: Republicans supported Senate Bill 2822 only on condition that Democrats reengage in serious, good faith negotiations; and President Cullerton and Leader Radogno filed motions to reconsider the bill, which would keep the bill in the General Assembly until a pension reform agreement was reached.

The election is over. Despite my repeated request for daily negotiations and hope to reach a comprehensive agreement by the end of next week, we are no closer to ending the impasse or enacting pension reform. Still, President Cullerton withdrew his motion to reconsider the bill, ruled that Leader Radogno’s motion was inapplicable, and presented the bill to me for approval or veto – forcing me to take action. Then today, President Cullerton suddenly denied that the leaders had agreed that this bill would depend upon first enacting comprehensive pension reform. Breaking our agreement undermines our effort to end the budget impasse and enact reforms with bipartisan support.

The taxpayers of Illinois want a balanced budget. That can only be done if we address the structural imbalances that have bankrupted the State and CPS alike and drain resources that should be spent on other priorities, like improving schools and funding social services. The taxpayers of Illinois do not want just another bailout. Let’s get back to work to end the budget impasse and put Illinois on the right track once and for all.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2822 entitled “AN ACT concerning public employee benefits”, with the foregoing objections, vetoed in its entirety.

Sincerely,

Bruce Rauner

GOVERNOR

*** UPDATE 2 *** From the Illinois Constitution

The house to which a bill is returned shall immediately enter the Governor’s objections upon its journal. If within 15 calendar days after such entry that house by a record vote of three-fifths of the members elected passes the bill, it shall be delivered immediately to the second house. If within 15 calendar days after such delivery the second house by a record vote of three-fifths of the members elected passes the bill, it shall become law.

The Senate has just journalized the veto. The clock now starts ticking, but today is the final scheduled day of veto session and scheduling another day during the holidays would be nearly impossible. So, the Senate and the House may have to vote on this today and there are attendance issues in both chambers. Plus, how do they put their targets on this thing, particularly since it likely can’t pass the House anyway? Stay tuned.

*** UPDATE 3 *** From Senate President Cullerton…

“Just this week I presented a pension reform model to the governor. I’m shocked and disappointed by his actions today. Chicago had taken steps to increase local responsibility and reform pensions. Two more pension system reforms are pending in the General Assembly. From where I stand, we were moving forward.

“The legislation that contained funding for Chicago schools was sent to the governor on Nov. 7. He had another month before he faced a deadline to act on it.

“By acting in such haste, the governor has unfortunately set back negotiations that I believed were advancing. Even worse, he has potentially forced the layoff of thousands of Chicago teachers and district employees.

“I don’t understand and am thoroughly disappointed in his short-sighted move.”

*** UPDATE 4 *** From the ILGOP…

Will Democrats Back the Chicago Bailout?
Time for House and Senate Democrats to Choose

“Democratic leaders today broke their promise to enact statewide pension reform, and instead want to force a taxpayer funded bailout of Chicago Public Schools. House and Senate Democrats will have a clear choice to make – will they support the schools and taxpayers in their districts, or send a $215 million check to Chicago?” - Illinois Republican Party Spokesman Steven Yaffe

After Madigan and Cullerton reneged on their promise to pass pension reform, an agreement that would have freed up resources for Chicago schools, House and Senate Democrats will face their first big test.

Will they choose to recklessly bail out Chicago Public Schools, or will they stand with taxpayers who demand Springfield and the City of Chicago exercise fiscal sanity?

The taxpayers are watching.

*** UPDATE 5 *** Tribune

Chicago Teachers Union President Karen Lewis said she wasn’t surprised by Rauner’s veto.

“He was never going to give us any money,” said Lewis, who has regularly slammed the Republican governor.

“He just lied about it. He’s a liar, he always has been,” she said Thursday. “He’s trying to starve CPS, that’s his goal.”

Rauner’s veto comes less than a week before the Chicago Board of Education is expected to take another vote on an annual operating budget that now exceeds $5.5 billion. The spending plan has to go through another vote to include tens of millions of dollars of new expenses related to the contract deal reached with CTU in October.

*** UPDATE 6 *** Here you go…


*** UPDATE 7 *** Verification was withdrawn…


On to the House, where the future is very iffy.

*** UPDATE 8 *** The House adjourned until January without a vote. It could conceivably come back in for a special session if a pension deal is done.

  150 Comments      


*** UPDATED x2 - NASW wants “bailout” for human services *** More problems for Exelon bill as governor’s office finds “poison pills”

Thursday, Dec 1, 2016 - Posted by Rich Miller

[Subscriber protection removed because this story is getting out there.]

* As I mentioned at the bottom of the Capitol Fax today, the governor’s folks have found some “hidden surprises” in the Exelon bill. This was provided on background a few minutes ago…

Caucus staff and our staff are finding multiple concerns of items not agreed to and potential poison pills including loose cap language and expansion of prevailing wage.

While the governor agreed to a specific framework, it appears the speaker may be trying to play politics and put the bill in jeopardy.

The administration reserves its [amendatory veto] prerogative if a bill with poison pills for job creators reaches our desk — but it stands by the agreed framework.

*** UPDATE 1 ***   It’s having an impact…


* From the BEST Coalition

Exelon agreed to impose hard rate caps on all customers, but with more than $835 million in spending each year according to Exelon’s House testimony, making the math work was difficult. Pages 21 and 42 of HA4 make clear how they’re gaming schools, hospitals and all commercial and industrial (C&I) customers:

Comparing Apples to Oranges: Using “electric service” as the baseline against which Exelon applies its 1.3% rate cap for commercial and industrial customers including hospitals and schools almost doubles the potential rate increase. “Electric service” includes not just energy but many other energy products. A ZEC, by comparison, is simply priced as a megawatt hour (MWh) of energy. By comparing “electric service” apples to ZEC oranges, Exelon is ensuring far more $$$$ is available than the 1.3% suggests.

    For the 106 largest industrial customers (>10MW), HA4 specifies $59.80/MWh for “electric service” (page 21, lines 18-23), despite $30- 35 being the market price for large C&I customers in IL. Exelon max increase of $0.78/MWh instead of market-based $0.39 - .46/MWh.

    For all other C&I customers like hospitals, schools and retailers, HA4 baseline is $89.00 (page 42, lines 8-14) instead of the market price $35- 40. Exelon max capped increase of $1.16/MWh instead of $0.50/MWh.

*** UPDATE 2 *** From the NASW…

National Association of Social Workers- Illinois Calls For Bailout for Human Services

In light of the fact that it appears the Illinois General Assembly is poised to pass a last minute rate hike bailout for the Exelon Corporation, we are calling on legislators to pass a bailout for the thousands of jobs lost (and that are about to be lost in the human service sector) due to a lack of funding.

We commend the hard work put into the bailout for a corporation who posted a 2.27 billion profit last year, but humbly ask where is the bailout for the human service sector providers who are running up large amounts of debt to cover the state’s commitments?

We applaud the environmental groups who are getting entirely new spending on green initiatives through a ComEd rate increase, but inquire from the general assembly where is the bailout to pay for the spending for contracts that human service providers have already delivered on?

We have lost far more jobs than will be saved by the Exelon bailout, and we are positioned to lose even more in the coming months, however unbelievably it appears the priorities of the general assembly are to the shareholders of a utility company over our homeless, our mentally ill, our child care providers and our students.

The State of Illinois has limited dollars in which to pull from their citizens to service our human service needs before the burden becomes too high. Rather than using those dollars for general fund commitments, the general assembly appears to have chosen to pull some of those funds to save a disproportionate number of jobs and increase a utility company’s bottom line. We would prefer our tax dollars were used to bailout the Illinois social service providers rather then Exelon (via a rate increase).

We are also having a hard time reconciling the justification that a lame duck tax increase (that would finally help fund our human services) should not be done until the newly elected officials are sworn in, however an Exelon bailout in the final days is perfectly fine. Absent a human services bailout bill passing in one day, we request the general assembly follow their same logic and kick the Exelon bailout can to the next general assembly. Which hopefully will be an assembly who will prioritize the jobs of our human service providers with the same urgency the current assembly appears to be placing on bailing out Exelon/ComEd.

  26 Comments      


*** LIVE *** Veto Session Coverage

Thursday, Dec 1, 2016 - Posted by Rich Miller

* Follow along with ScribbleLive


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