093_SB1409eng SB1409 Engrossed LRB093 07751 BDD 07939 b 1 AN ACT concerning municipalities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Section 11-21.5-5 as follows: 6 (65 ILCS 5/11-21.5-5) 7 Sec. 11-21.5-5. Local emergency energy plans. 8 (a) Any municipality, including a home rule 9 municipality, may, by ordinance, require any electric utility 10 (i) that serves more than 1,000,000 customers in Illinois and 11 (ii) that is operating within the corporate limits of the 12 municipality to adopt and to provide the municipality with a 13 local emergency energy plan. For the purposes of this 14 Section, (i) "local emergency energy plan" or "plan" means a 15 planned course of action developed by the electric utility 16 that is implemented when the demand for electricity exceeds, 17 or is at significant risk of exceeding, the supply of 18 electricity available to the electric utility and (ii) "local 19 emergency energy plan ordinance" means an ordinance adopted 20 by the corporate authorities of the municipality under this 21 Section that requires local emergency energy plans. 22 (b) A local emergency energy plan must include the 23 following information: 24 (1) the circumstances that would require the 25 implementation of the plan; 26 (2) the levels or stages of the plan; 27 (3) the approximate geographic limits of each 28 outage area provided for in the plan; 29 (4) the approximate number of customers within each 30 outage area provided for in the plan; 31 (5) any police facilities, fire stations, SB1409 Engrossed -2- LRB093 07751 BDD 07939 b 1 hospitals, nursing homes, schools, day care centers, 2 senior citizens centers, community health centers, blood 3 banks, dialysis centers, community mental health centers, 4 correctional facilities, stormwater and wastewater 5 treatment or pumping facilities, water-pumping stations, 6 buildings in excess of 80 feet in height that have been 7 identified by the municipality, and persons on life 8 support systems that are known to the electric utility 9 that could be affected by controlled rotating 10 interruptions of electric service under the plan; and 11 (6) the anticipated sequence and duration of 12 intentional interruptions of electric service to each 13 outage area under the plan. 14 (c) A local emergency energy plan ordinance may require 15 that, when an electric utility determines it is necessary to 16 implement a controlled rotating interruption of electric 17 service because the demand for electricity exceeds, or is at 18 significant risk of exceeding, the supply of electricity 19 available to the electric utility, the electric utility 20 notify a designated municipal officer that the electric 21 utility will be implementing its local emergency energy plan. 22 The notification shall be made pursuant to a procedure 23 approved by the municipality after consultation with the 24 electric utility. 25 (d) After providing the notice required in subsection 26 (c), an electric utility shall reasonably and separately 27 advise designated municipal officials before it implements 28 each level or stage of the plan, which shall include (i) a 29 request for emergency help from neighboring utilities, (ii) a 30 declaration of a control area emergency, and (iii) a public 31 appeal for voluntary curtailment of electricity use. 32 (e) The electric utility must give a separate notice to 33 a designated municipal official immediately after it 34 determines that there will be a controlled rotating SB1409 Engrossed -3- LRB093 07751 BDD 07939 b 1 interruption of electric service under the local emergency 2 energy plan. The notification must include (i) the areas in 3 which service will be interrupted, (ii) the sequence and 4 estimated duration of the service outage for each area, (iii) 5 the affected feeders, and (iv) the number of affected 6 customers in each area. Whenever practical, the notification 7 shall be made at least 2 hours before the time of the 8 outages. If the electric utility is aware that controlled 9 rotating interruptions may be required, the notification may 10 not be made less than 30 minutes before the outages. 11 (f) A local emergency energy plan ordinance may provide 12 civil penalties for violations of its provisions. The 13 penalties must be permitted under the Illinois Municipal 14 Code. 15 (g) The notifications required by this Section are in 16 addition to the notification requirements of any applicable 17 franchise agreement or ordinance and to the notification 18 requirements of any applicable federal or State law, rule, 19 and regulation. 20 (h) Except for any penalties or remedies that may be 21 provided in a local emergency energy plan ordinance, in this 22 Act, or in rules adopted by the Illinois Commerce Commission, 23 nothing in this Section shall be construed to impose 24 liability for or prevent a utility from taking any actions 25 that are necessary at any time, in any order, and with or 26 without notice that are required to preserve the integrity of 27 the electric utility's electrical system and interconnected 28 network. 29 (i) Nothing in this Section, a local emergency energy 30 plan ordinance, or a local emergency energy plan creates any 31 duty of a municipality to any person or entity. No 32 municipality may be subject to any claim or cause of action 33 arising, directly or indirectly, from its decision to adopt 34 or to refrain from adopting a local emergency energy plan SB1409 Engrossed -4- LRB093 07751 BDD 07939 b 1 ordinance. No municipality may be subject to any claim or 2 cause of action arising, directly or indirectly, from any act 3 or omission under the terms of or information provided in a 4 local emergency energy plan filed under a local emergency 5 energy plan ordinance. 6 (Source: P.A. 91-137, eff. 7-16-99; 92-651, eff. 7-11-02.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.