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SB3683 Enrolled |
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LRB096 20708 RLJ 36435 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The River Edge Redevelopment Zone Act is amended |
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| by adding Section 10-10.1 as follows:
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| (65 ILCS 115/10-10.1 new) |
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| Sec. 10-10.1. Utility facilities. |
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| (a) It is in the public interest that costs for |
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| redevelopment in a River Edge Redevelopment Zone impacting a |
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| public utility, as defined by Section 3-105 of the Public |
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| Utilities Act, or a public utility's property, as described in |
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| subsection (b) of this Section, should not be allocated solely |
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| to the entity engaging in economic redevelopment because this |
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| economic redevelopment benefits the utility service territory |
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| as a whole and not just the particular area where the |
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| redevelopment occurs. |
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| (b) A public utility that has facilities or land affected |
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| by the clean-up, remediation, and redevelopment of a River Edge |
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| Redevelopment Zone and that incurs costs related to the |
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| remediation or the removing or relocating of utility facilities |
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| in the River Edge Redevelopment Zone may recover these costs |
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| pursuant to subsections (c) and (d) of this Section. |
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| (c) The reasonable and prudent costs incurred by a public |
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LRB096 20708 RLJ 36435 b |
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| utility for facility removal or relocation described in |
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| subsection (b) of this Section shall be shared equally among |
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| the public utility, the municipality in which the facility is |
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| located, and any landowner that is located within 100 feet of |
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| the utility facility and that directly benefits from the |
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| removal or relocation of the utility facility or the |
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| redevelopment of the public utility's land. In no event shall |
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| the costs incurred by each municipality or landowner for a |
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| given project exceed an equal percentage of the total direct, |
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| indirect, and overhead project costs, or $3,667,000 each, |
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| whichever amount is less. The reasonable and prudent costs |
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| incurred by the public utility for facility removal or |
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| relocation that are not the responsibility of the municipality |
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| or landowner under this subsection (c) shall be recovered by |
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| the public utility from all retail customers located in the |
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| municipality or municipalities in which the removal or |
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| relocation occurs through an appropriate tariff mechanism, and |
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| the public utility may record and defer such costs as a |
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| regulatory asset until they are so recovered. |
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| (d) The Illinois Commerce Commission shall allow a public |
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| utility described in subsection (b) to fully recover from all |
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| retail customers in its service territory all reasonable and |
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| prudent costs that it incurs in conducting environmental |
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| remediation in the River Edge Redevelopment Zone related to the |
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| removal or relocation of utility facilities in the River Edge |
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| Redevelopment Zone, including, but not limited to, |
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SB3683 Enrolled |
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LRB096 20708 RLJ 36435 b |
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| transmission and distribution lines, transformers, and poles. |
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| These environmental remediation costs also include, but are not |
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| limited to, direct, indirect, and overhead costs calculated by |
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| the public utility for taxes or other charges, cost adjustments |
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| made after the project has begun, and any other environmental |
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| remediation-related charges. The public utility shall record |
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| and defer such costs as a regulatory asset to be included in |
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| the public utility's total rate base and amortized in the |
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| public utility's next filing for a general increase in rates |
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| over a reasonable period that is shorter than the life of the |
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| affected facility or facilities. Such regulatory assets shall |
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| be collected from all residential and commercial ratepayers |
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| system-wide, and not only from ratepayers in the municipality's |
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| corporate limits. In the event the River Edge Redevelopment |
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| Zone is decertified, the public utility shall be permitted to |
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| recover all reasonable and prudent costs incurred as of the |
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| date of the decertification, as well as all reasonable and |
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| prudent costs incurred subsequent to decertification that are |
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| necessary to complete any projects commenced while the River |
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| Edge Redevelopment Zone was certified, consistent with this |
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| Section. |
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| (e) This Section is repealed 7 years after the effective |
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| date of this amendatory Act of the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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