SB2808 104TH GENERAL ASSEMBLY

LRB104 16795 AAS 30204 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2808

Introduced 1/13/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

New Act

Creates the Electric Transmission Facilities Siting 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) highway corridors; and (3) new corridors. Provides that a public utility or developer may construct, place, or maintain a high-voltage electric service line on a public right-of-way or along a highway if (i) the public utility or developer submits a colocation request for the high-voltage electric service 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 electric service 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 developer may submit a written request to the Department of Transportation for an evaluation of certain corridors for possible locations for a high-voltage electric service 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 developer. Requires a public utility or developer to develop a constructability report in consultation with the Department and requires the public utility or 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 electric service line. Sets forth requirements for the content of the constructability report. Provides that, if the Department requires that a high-voltage electric service line on a public right-of-way be relocated by a specific date, the Department shall give the applicable public utility or developer notice of the required relocation no less than 10 years before the date of the required relocation. Makes other changes. Effective immediately.

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 Facilities Siting Act.

Section 5. Definitions.

"Commission" means the Illinois Commerce Commission.

"Department" means the Illinois Department of Transportation.

"Developer" means an individual, partnership, corporation, or other entity seeking to build or maintain a high-voltage electric service line.

"Electric transmission facilities" means electric transmission lines, transmission towers, conductors, insulators, foundations, grounding systems, access roads, and any associated electric facilities, including transmission substations.

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

"High-voltage electric service line" means an electric transmission line having a design voltage of 100,000 volts or more.

"Secretary" means the Secretary of Transportation.

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

Section 10. Siting of electric transmission facilities.

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

(1) Existing public utility corridors.

(2) 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 electric service line colocation requests.

(a) A public utility or developer may construct, place, or maintain a high-voltage electric service line on a public right-of-way or along a highway if (i) the public utility or developer submits to the Secretary a colocation request for the high-voltage electric service 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 electric service 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 applicable public utility or developer and the Commission within 90 days after the issuance of the denial.

Section 20. High-voltage electric service line evaluation; constructability report.

(a) A public utility or 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 electric service 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 developer.

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

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

(d) A public utility or 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 electric service line. If the Department requires the relocation of a high-voltage electric service line on a public right-of-way by a specific date, the Department shall give the applicable public utility or developer notice of the required relocation no less than 10 years before the date of the required relocation.

(e) If the Department requires the relocation of a high-voltage electric service line during the prohibited time frame specified in the constructability report or the Department provides notice of the required relocation of a high-voltage electric service line to a public utility or 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 developer in the relocation of the high-voltage electric service line.

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