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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2372 Introduced 2/17/2021, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
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| 65 ILCS 5/Art. 11 Div. 15.5 heading new | | 65 ILCS 5/11-15.5-5 new | | 65 ILCS 5/11-15.5-10 new | |
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Amends the Illinois Municipal Code. Defines "underground" and "undergrounding". Provides that public utilities shall underground specified electric transmission lines under certain conditions. Provides that the Illinois Commerce Commission shall allow a public utility to recover from all retail customers in its service territory all reasonable and prudent costs that it incurs related to the undergrounding of such transmission lines. Provides that a public utility shall record and defer such costs as a regulatory asset to be included in the public utility's total rate base and amortized over a reasonable period that is equal to the expected life of such transmission line. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB2372 | | LRB102 14303 AWJ 19655 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Municipal Code is amended by |
| 5 | | adding Division 15.5 to Article 11 as follows:
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| 6 | | (65 ILCS 5/Art. 11 Div. 15.5 heading new) |
| 7 | | DIVISION 15.5. UNDERGROUNDING UTILITY FACILITIES
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| 8 | | (65 ILCS 5/11-15.5-5 new) |
| 9 | | Sec. 11-15.5-5. Definitions. As used in this Division and |
| 10 | | unless the context requires otherwise, "underground" or |
| 11 | | "undergrounding" means routing and constructing electric |
| 12 | | transmission lines and their associated components below |
| 13 | | ground, consistent with sound engineering and utility |
| 14 | | practices.
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| 15 | | (65 ILCS 5/11-15.5-10 new) |
| 16 | | Sec. 11-15.5-10. Undergrounding utility facilities. |
| 17 | | (a) In the interest of public health and safety, |
| 18 | | reliability, and electric grid security, a public utility, as |
| 19 | | defined by Section 3-105 of the Public Utilities Act, shall |
| 20 | | underground any 138 kilowatt or greater electric transmission |
| 21 | | line constructed after the effective date of this amendatory |
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| | HB2372 | - 2 - | LRB102 14303 AWJ 19655 b |
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| 1 | | Act of the 102nd General Assembly where: |
| 2 | | (1) such transmission line or any portion thereof is |
| 3 | | to be located within 26,000 feet of an airport that is |
| 4 | | located in and owned by a municipality with a population |
| 5 | | greater than 70,000 and less than 80,000 located in or |
| 6 | | contiguous to a county with a population in excess of |
| 7 | | 1,000,000 inhabitants; or |
| 8 | | (2) such transmission line is to be located in 4 or |
| 9 | | more contiguous municipalities with a population density |
| 10 | | of 1,000 per square mile or more as of the most recent |
| 11 | | federal decennial census. |
| 12 | | (b) The costs for undergrounding a new transmission line |
| 13 | | shall not be allocated solely to the municipality or |
| 14 | | municipalities in which it is underground; instead, the |
| 15 | | Illinois Commerce Commission shall allow a public utility to |
| 16 | | fully recover from all retail customers in its service |
| 17 | | territory all reasonable and prudent costs that it incurs |
| 18 | | related to the undergrounding of transmission lines. The |
| 19 | | public utility shall record and defer such costs as a |
| 20 | | regulatory asset to be included in the public utility's total |
| 21 | | rate base and amortized over a reasonable period that is equal |
| 22 | | to the expected life of the transmission line. Such regulatory |
| 23 | | assets shall be collected from all ratepayers system-wide, and |
| 24 | | not only from ratepayers in the corporate limits of the |
| 25 | | municipality or municipalities within which the transmission |
| 26 | | line is constructed.
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