[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0137
SB206 Enrolled LRB9102201MWpc
AN ACT concerning emergency energy plans, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, (hh) information that
would disclose or might lead to the disclosure of secret
or confidential information, codes, algorithms, programs,
or private keys intended to be used to create electronic
or digital signatures under the Electronic Commerce
Security Act.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
Section 10. The Illinois Municipal Code is amended by
adding Division 21.5 to Article 11 as follows:
(65 ILCS 5/Art. 11, Div. 21.5 heading new)
DIVISION 21.5. LOCAL EMERGENCY ENERGY PLANS
(65 ILCS 5/11-21.1-5 new)
Sec. 11-21.1-5. 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, 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.
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]