HB4803 104TH GENERAL ASSEMBLY

LRB104 16923 AAS 30337 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4803

Introduced , by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electric Transmission Colocation and Siting Priority Act. Defines terms. Requires that, in the siting of new electric transmission facilities, available corridors be used in the following order of priority: (1) existing public utility corridors; (2) State highway corridors; and (3) new corridors. Provides that a public utility or transmission developer may construct, place, or maintain a high-voltage transmission line on a public right-of-way or along a highway if (i) the public utility or transmission developer submits a colocation request for the high-voltage transmission line to the Secretary of Transportation and (ii) the Secretary reviews and approves the colocation request. Provides that the Secretary may deny a colocation request if the Secretary determines that the construction, placement, or maintenance of a high-voltage transmission line on a public right-of-way or along a highway would endanger public safety or would interfere with the proper function of the highway. Provides that a public utility or transmission developer may submit a written request to the Department of Transportation for an evaluation of certain corridors for possible locations for a high-voltage transmission line. Provides that, within 30 days after receipt of a written request, the Secretary shall assign a project coordinator to the request. Provides that a project coordinator, upon assignment to a request, shall begin the evaluation in coordination with the applicable public utility or transmission developer. Requires a public utility or transmission developer to develop a constructability report in consultation with the Department and requires the public utility or transmission developer and the Department to follow the terms and conditions of the constructability report during the planning and approval process for the siting of a high-voltage transmission line. Sets forth requirements for the content of the constructability report. Provides that, if the Department requires that a high-voltage transmission line on a public right-of-way be relocated by a specific date, the Department shall give the applicable public utility or transmission developer notice of the required relocation no less than 10 years before the date of the required relocation. Makes other changes. Effective January 1, 2027.

A BILL FOR

AN ACT concerning regulation.

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

Section 1. Short title. This Act may be cited as the Electric Transmission Colocation and Siting Priority Act.

Section 5. Definitions.As used in this Section:

"Commission" means the Illinois Commerce Commission.

"Department" means the Illinois Department of Transportation.

"Electric transmission facility" means an electrical transmission system designed and constructed with the capability of being safely and reliably energized at 69 kilovolts or more, including transmission lines, transmission towers, conductors, insulators, foundations, grounding systems, access roads, and all associated transmission facilities, including transmission substations. "Electric transmission facility" does not include a project located on the electric generating side of a facility's point of interconnection.

"Highway" has the meaning given to that term in Section 2-202 of the Illinois Highway Code.

"High-voltage transmission line" means any line for the transmission of electric current with a nominal voltage of at least 115 kilovolts that is colocated longitudinally in a public right-of-way or a corridor, including all supporting structures and accessories necessary for such line. "High-voltage transmission line" does not include any line for the transmission of electric current that crosses through but is not wholly contained within a State highway right-of-way.

"Public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act.

"Public utility corridor" means the land, or interest therein, acquired for or devoted to a public utility to place and maintain infrastructure for electricity, water, gas, or internet service.

"Secretary" means the Secretary of Transportation.

"State highway corridor" means the land, or interest therein, acquired for or devoted to a State highway.

"Transmission developer" means any company that (i) has been issued a certificate of public convenience and necessity in this State that authorizes the company to own and operate an electric transmission line and (ii) is a State electric utility, as defined in Section 16-102 of the Public Utilities Act, or an affiliate of a State electric utility through a common ownership structure.

Section 10. Electric transmission siting priorities.

(a) In the siting of new electric transmission facilities, including high-voltage transmission lines, available corridors shall be used in the following order of priority:

(1) Existing public utility corridors.

(2) State highway corridors.

(3) New corridors.

(b) Permitting on the corridors listed in subsection (a) shall be done, to the greatest extent possible, in a manner that accounts for economic and engineering considerations, the reliability of the electric system, and the protection of the environment.

Section 15. High-voltage transmission line colocation requests.

(a) A public utility or transmission developer may construct, place, or maintain a high-voltage transmission line on a public right-of-way or along a highway if (i) the public utility or transmission developer submits to the Secretary a colocation request for the high-voltage transmission line and (ii) the Secretary reviews and approves the colocation request.

(b) The Secretary may deny a colocation request under this Section if the Secretary determines that the construction, placement, or maintenance of a high-voltage transmission line on a public right-of-way or along a highway would endanger public safety or would interfere with the proper function of the highway.

(c) If the Secretary denies a colocation request under this Section, the Secretary shall submit the reasons for the denial to the Director of the Environmental Protection Agency, the Executive Director of the Commission, and the Director of Commerce and Economic Opportunity within 90 days after the issuance of the denial.

Section 20. Consultation and constructability report.

(a) A public utility or transmission developer may submit a written request to the Department for an evaluation of the corridors described in subsection (a) of Section 10 for possible locations for a high-voltage transmission line. Within 30 days after receipt of a written request under this subsection (a), the Secretary shall assign a project coordinator to the request. A project coordinator, upon assignment to a request, shall begin the evaluation in coordination with the applicable public utility or transmission developer.

(b) The Department shall inform a public utility or transmission developer about any of the Department's current plans or projects that could impact the public utility's or transmission developer's potential construction or placement of a high-voltage transmission line within a corridor.

(c) After an evaluation under subsection (a) identifies an acceptable location within a corridor, a public utility or transmission developer, in consultation with the Department, shall develop a constructability report. The constructability report shall include (i) the terms and conditions for the siting of the high-voltage transmission line and (ii) an agreed-upon time frame during which the Department may not request the relocation of the high-voltage transmission line. The Department shall issue a permit to the public utility or transmission developer for the use of a public right-of-way within the corridor for the siting of a high-voltage transmission line only after a constructability report is approved by both the Department and the public utility or transmission developer.

(d) A public utility or transmission developer and the Department shall follow the terms and conditions of the approved constructability report during the planning and approval process for the siting of a high-voltage transmission line. If the Department requires the relocation of a high-voltage transmission line on a public right-of-way by a specific date, the Department shall give the applicable public utility or transmission developer notice of the required relocation no less than 10 years before the date of the required relocation.

Section 25. Relocation notice and cost responsibility

(a) If the Department requires the relocation of a high-voltage transmission line during the prohibited time frame specified in the constructability report or the Department provides notice of the required relocation of a high-voltage transmission line to a public utility or transmission developer less than 10 years before the date of the required relocation, the Department shall be responsible for 75% of the costs incurred by the public utility or transmission developer in the relocation of the high-voltage transmission line.

Section 99. Effective date. This Act takes effect on January 1, 2027.