Public Act 93-0293

SB1409 Enrolled                      LRB093 07751 BDD 07939 b

    AN ACT concerning municipalities.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Municipal Code is amended by
changing Section 11-21.5-5 as follows:

    (65 ILCS 5/11-21.5-5)
    Sec. 11-21.5-5. Local emergency energy plans.
    (a)  Any   municipality,   including    a    home    rule
municipality, may, by ordinance, require any electric utility
(i) that serves more than 1,000,000 customers in Illinois and
(ii)  that  is  operating  within the corporate limits of the
municipality to adopt and to provide the municipality with  a
local  emergency  energy  plan.   For  the  purposes  of this
Section, (i) "local emergency energy plan" or "plan" means  a
planned  course  of  action developed by the electric utility
that is implemented when the demand for electricity  exceeds,
or  is  at  significant  risk  of  exceeding,  the  supply of
electricity available to the electric utility and (ii) "local
emergency energy plan ordinance" means an  ordinance  adopted
by  the  corporate authorities of the municipality under this
Section that requires local emergency energy plans.
    (b)  A local  emergency  energy  plan  must  include  the
following information:
         (1)  the   circumstances   that  would  require  the
    implementation of the plan;
         (2)  the levels or stages of the plan;
         (3)  the  approximate  geographic  limits  of   each
    outage area provided for in the plan;
         (4)  the approximate number of customers within each
    outage area provided for in the plan;
         (5)  any    police    facilities,   fire   stations,
    hospitals, nursing  homes,  schools,  day  care  centers,
    senior  citizens centers, community health centers, blood
    banks, dialysis centers, community mental health centers,
    correctional  facilities,   stormwater   and   wastewater
    treatment  or pumping facilities, water-pumping stations,
    buildings in excess of 80 feet in height that  have  been
    identified  by  the  municipality,  and  persons  on life
    support systems that are known to  the  electric  utility
    that   could   be   affected   by   controlled   rotating
    interruptions of electric service under the plan; and
         (6)  the   anticipated   sequence  and  duration  of
    intentional interruptions of  electric  service  to  each
    outage area under the plan.
    (c)  A  local emergency energy plan ordinance may require
that,  when an electric utility determines it is necessary to
implement a  controlled  rotating  interruption  of  electric
service  because the demand for electricity exceeds, or is at
significant risk of  exceeding,  the  supply  of  electricity
available  to  the  electric  utility,  the  electric utility
notify a  designated  municipal  officer  that  the  electric
utility will be implementing its local emergency energy plan.
The  notification  shall  be  made  pursuant  to  a procedure
approved by the  municipality  after  consultation  with  the
electric utility.
    (d)  After  providing  the  notice required in subsection
(c), an electric  utility  shall  reasonably  and  separately
advise  designated  municipal  officials before it implements
each level or stage of the plan, which shall  include  (i)  a
request for emergency help from neighboring utilities, (ii) a
declaration  of  a control area emergency, and (iii) a public
appeal for voluntary curtailment of electricity use.
    (e)  The electric utility must give a separate notice  to
a   designated   municipal   official  immediately  after  it
determines  that  there  will  be   a   controlled   rotating
interruption  of  electric  service under the local emergency
energy plan.  The notification must include (i) the areas  in
which  service  will  be  interrupted,  (ii) the sequence and
estimated duration of the service outage for each area, (iii)
the  affected  feeders,  and  (iv)  the  number  of  affected
customers in each area.  Whenever practical, the notification
shall be made at  least  2  hours  before  the  time  of  the
outages.   If  the  electric utility is aware that controlled
rotating interruptions may be required, the notification  may
not be made less than 30 minutes before the outages.
    (f)  A  local emergency energy plan ordinance may provide
civil  penalties  for  violations  of  its  provisions.   The
penalties must be  permitted  under  the  Illinois  Municipal
Code.
    (g)  The  notifications  required  by this Section are in
addition to the notification requirements of  any  applicable
franchise  agreement  or  ordinance  and  to the notification
requirements of any applicable federal or  State  law,  rule,
and regulation.
    (h)  Except  for  any  penalties  or remedies that may be
provided in a local emergency energy plan ordinance, in  this
Act, or in rules adopted by the Illinois Commerce Commission,
nothing   in  this  Section  shall  be  construed  to  impose
liability for  or prevent a utility from taking  any  actions
that  are  necessary  at  any time, in any order, and with or
without notice that are required to preserve the integrity of
the electric utility's electrical system  and  interconnected
network.
    (i)  Nothing  in  this  Section, a local emergency energy
plan ordinance, or a local emergency energy plan creates  any
duty   of  a  municipality  to  any  person  or  entity.   No
municipality may be subject to any claim or cause  of  action
arising,  directly  or indirectly, from its decision to adopt
or to refrain from adopting a  local  emergency  energy  plan
ordinance.   No  municipality  may be subject to any claim or
cause of action arising, directly or indirectly, from any act
or omission under the terms of or information provided  in  a
local  emergency  energy  plan  filed under a local emergency
energy plan ordinance.
(Source: P.A. 91-137, eff. 7-16-99; 92-651, eff. 7-11-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.