Sen. Linda Holmes
Filed: 2/24/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3683




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    AMENDMENT NO. ______. Amend Senate Bill 3683 by replacing 
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everything after the enacting clause with the following:


 
 
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    "Section 5. The River Edge Redevelopment Zone Act is 
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amended  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 remains the policy of the State that the cost of 
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supplying public utility services is allocated to those who 
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cause the costs to be incurred.  This policy requires an entity 
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engaging in economic redevelopment to pay all costs to relocate 
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utility facilities on property that the utility owns in areas 
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that have been designated for economic redevelopment.  It is, 
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however, in the public interest that costs for the River Edge 
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Redevelopment Zone impacting utility property that are covered 
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by subsection (b) not be allocated solely to the entity 
 


 






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engaging in economic redevelopment, as this economic 
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redevelopment benefits the utility service territory as a whole 
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and not just the particular area where the redevelopment 
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occurs.
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    (b) This Section applies to the costs of installing, 
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removing, replacing, relocating, modifying, or maintaining 
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utility facilities in the River Edge Redevelopment Zone if  the 
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public utility has met one or more of the following 
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requirements before the effective date of this amendatory Act 
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of the 96th General Assembly:
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        (1) The public utility's facilities were located 
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    within an area designated for economic redevelopment by a 
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    unit of local government;
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        (2) The public utility's facilities were located 
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    within an area subject to tax increment financing;
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        (3) The public utility's facilities were located 
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    within an area that qualifies as a transit-oriented 
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    development;
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        (4) The public utility's facilities were located 
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    within an area that can be redeveloped in a manner that 
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    combats urban sprawl; or
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        (5) The costs connected with the public utility's 
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    facilities exceeded the funds available to the project 
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    through tax increment financing that could have otherwise 
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    been used for these purposes. 
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    (c) The Illinois Commerce Commission shall allow a utility 
 


 






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providing services under this Section to fully recover from all 
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customers in its service territory all costs it incurs in 
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conducting environmental remediation in the River Edge 
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Redevelopment Zone and for the installation, removal, 
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replacement, relocation, modification, or maintenance of 
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utility facilities in the River Edge Redevelopment Zone.  The 
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public utility may defer operation and maintenance 
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expenditures connected with the River Edge Redevelopment Zone 
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and amortize them in a rate proceeding following the 
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expenditure. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".