Full Text of HB3445 103rd General Assembly
HB3445sam004 103RD GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 5/25/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3445
| 2 | | AMENDMENT NO. ______. Amend House Bill 3445, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 3, on page 217, line 15, after "Section 4-610", by | 5 | | inserting "and Article XXIII"; and | 6 | | on page 220, immediately below line 25, by inserting the | 7 | | following:
| 8 | | "(220 ILCS 5/Art. XXIII heading new) | 9 | | ARTICLE XXIII. TRANSMISSION EFFICIENCY AND COOPERATION LAW | 10 | | (220 ILCS 5/23-100 new) | 11 | | Sec. 23-100. Short title. This Article may be cited as the | 12 | | Transmission Efficiency and Cooperation Law. | 13 | | (220 ILCS 5/23-105 new) | 14 | | Sec. 23-105. Incumbent transmission line owner rights. |
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| 1 | | (a) As used in this Section: | 2 | | "Electric transmission line" means a transmission line | 3 | | that is designed and constructed with the capability of being | 4 | | safely and reliably energized at 100 kilovolts or more and its | 5 | | associated transmission facilities, including transmission | 6 | | substations. "Electric transmission line" does not include | 7 | | electric transmission lines located on an electric generating | 8 | | facility's side of the facility's point of interconnection | 9 | | with an incumbent electric transmission line owner. | 10 | | "Incumbent electric transmission owner" means any public | 11 | | utility, municipal corporation, or electric cooperative that | 12 | | owns, operates, and maintains at least one electric | 13 | | transmission line in this State. | 14 | | "Regional transmission operator" means a regional | 15 | | transmission organization, independent system operator, or | 16 | | equivalent entity approved by the Federal Energy Regulatory | 17 | | Commission, or its successor agency, that exercises functional | 18 | | control over electric transmission lines located in this | 19 | | State. | 20 | | "Transmission affiliate" means any company that has been | 21 | | issued a certificate of public convenience and necessity in | 22 | | Illinois authorizing it to own and operate an electric | 23 | | transmission line, and is an Illinois electric utility as | 24 | | defined in Section 16-102 or an affiliate thereof through a | 25 | | common ownership structure. | 26 | | "Transmission plan" means a transmission plan adopted by |
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| 1 | | the Midcontinent Independent System Operator between January | 2 | | 1, 2022 and December 31, 2024. | 3 | | (b) An incumbent electric transmission owner has the right | 4 | | to construct, own, and maintain an electric transmission line | 5 | | that has been approved for construction in a transmission plan | 6 | | and that will connect to facilities that are owned by that | 7 | | incumbent electric transmission owner and are or will be under | 8 | | the functional control of the Midcontinent Independent System | 9 | | Operator. The right to construct, own, and maintain any such | 10 | | electric transmission line that will connect to facilities | 11 | | located in the Midcontinent Independent System Operator region | 12 | | of the State and owned by 2 or more incumbent electric | 13 | | transmission owners belongs individually and proportionally to | 14 | | each incumbent electric transmission owner, unless otherwise | 15 | | agreed upon in writing. An incumbent electric transmission | 16 | | owner shall be permitted to assign its right to construct, | 17 | | own, and maintain an electric transmission line to a | 18 | | transmission affiliate. | 19 | | (c) Nothing in this Section limits the right of any | 20 | | incumbent electric transmission owner to construct, own, and | 21 | | maintain any transmission equipment or facilities that have a | 22 | | capacity of less than 100 kilovolts or of any entity otherwise | 23 | | qualified under this Act to own, operate, and maintain | 24 | | electric transmission facilities that are not approved for | 25 | | construction in a transmission plan or that will not connect | 26 | | to facilities under the functional control of a regional |
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| 1 | | transmission operator. | 2 | | (d) Nothing in this Section shall be construed to impair, | 3 | | abridge, or diminish in any way the powers, rights, and | 4 | | privileges of municipal corporations that are not incumbent | 5 | | electric transmission owners to partner with an incumbent | 6 | | electric transmission owner on the development and ownership | 7 | | of an electric transmission line included in a transmission | 8 | | plan or to develop, construct, own, operate, maintain, | 9 | | upgrade, and renew facilities that are not included in a | 10 | | transmission plan but that are necessary or convenient in the | 11 | | provision of electric service, directly or indirectly, to | 12 | | citizens and businesses located in the service areas of | 13 | | municipal systems as that term is defined in Section 17-100, | 14 | | including the rights of such municipal systems and of | 15 | | municipal power agencies as defined in Section 11-119.1-3 of | 16 | | the Illinois Municipal Code to develop, construct, own, | 17 | | operate, maintain, upgrade, and renew such electric | 18 | | transmission lines and related facilities. | 19 | | (e) Nothing in this Section shall relieve an incumbent | 20 | | electric transmission owner asserting its right to construct | 21 | | an electric transmission line, or its transmission affiliate | 22 | | as applicable, of the requirement to file an application for a | 23 | | certificate of convenience and necessity to the extent | 24 | | otherwise required by this Act. | 25 | | (f) Within 90 days after the later of the effective date of | 26 | | this amendatory Act of the 103rd General Assembly or approval |
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| 1 | | of the construction of an electric transmission line by a | 2 | | regional transmission operator, an incumbent electric | 3 | | transmission owner otherwise authorized to engage in the | 4 | | construction under this Section may provide notice to the | 5 | | Commission and the applicable regional transmission operator | 6 | | indicating it will not construct any or all of the electric | 7 | | transmission line so approved, or it will assign any or all of | 8 | | the construction to a transmission affiliate. If the notice is | 9 | | given and indicates the notifying incumbent electric | 10 | | transmission owner or its transmission affiliate will not | 11 | | construct any or all of the electric transmission line so | 12 | | approved, the incumbent electric transmission owner shall | 13 | | indicate the reason for that election, and the Commission may | 14 | | grant permission and approval for such construction to another | 15 | | entity otherwise qualified to own and operate the electric | 16 | | transmission line pursuant to this Act. ".
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