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1 | AN ACT concerning regulation.
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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 Public Utilities Act is amended by changing | |||||||||||||||||||||||||||||||||||
5 | Sections 1-102, 4-304, 4-605, 13-102, 13-103, 13-900, 16-101A, | |||||||||||||||||||||||||||||||||||
6 | 16-111.2, and 16-128 as follows:
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7 | (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102)
| |||||||||||||||||||||||||||||||||||
8 | Sec. 1-102. Findings and Intent. The General Assembly | |||||||||||||||||||||||||||||||||||
9 | finds that the
health, welfare and prosperity of all Illinois | |||||||||||||||||||||||||||||||||||
10 | consumers citizens require the
provision of adequate, | |||||||||||||||||||||||||||||||||||
11 | efficient, reliable, environmentally safe and
least-cost | |||||||||||||||||||||||||||||||||||
12 | public utility services at prices which accurately reflect the
| |||||||||||||||||||||||||||||||||||
13 | long-term cost of such services and which are equitable to all | |||||||||||||||||||||||||||||||||||
14 | consumers citizens . It
is therefore declared to be the policy | |||||||||||||||||||||||||||||||||||
15 | of the State that public utilities
shall continue to be | |||||||||||||||||||||||||||||||||||
16 | regulated effectively and comprehensively. It is further
| |||||||||||||||||||||||||||||||||||
17 | declared that the goals and objectives of such regulation | |||||||||||||||||||||||||||||||||||
18 | shall be to ensure
| |||||||||||||||||||||||||||||||||||
19 | (a) Efficiency: the provision of reliable energy | |||||||||||||||||||||||||||||||||||
20 | services at the least
possible cost to the consumers | |||||||||||||||||||||||||||||||||||
21 | citizens of the State; in such manner that:
| |||||||||||||||||||||||||||||||||||
22 | (i) physical, human and financial resources are | |||||||||||||||||||||||||||||||||||
23 | allocated efficiently;
|
| |||||||
| |||||||
1 | (ii) all supply and demand options are considered | ||||||
2 | and evaluated using
comparable terms and methods in | ||||||
3 | order to determine how utilities shall meet
their | ||||||
4 | customers' demands for public utility services at the | ||||||
5 | least cost;
| ||||||
6 | (iii) utilities are allowed a sufficient return on | ||||||
7 | investment so as to
enable them to attract capital in | ||||||
8 | financial markets at competitive rates;
| ||||||
9 | (iv) tariff rates for the sale of various public | ||||||
10 | utility services are
authorized such that they | ||||||
11 | accurately reflect the cost of delivering those
| ||||||
12 | services and allow utilities to recover the total | ||||||
13 | costs prudently and
reasonably incurred;
| ||||||
14 | (v) variation in costs by customer class and time | ||||||
15 | of use is taken into
consideration in authorizing | ||||||
16 | rates for each class.
| ||||||
17 | (b) Environmental Quality: the protection of the | ||||||
18 | environment from the
adverse external costs of public | ||||||
19 | utility services so that
| ||||||
20 | (i) environmental costs of proposed actions having | ||||||
21 | a significant impact
on the environment and the | ||||||
22 | environmental impact of the alternatives are
| ||||||
23 | identified, documented and considered in the | ||||||
24 | regulatory process;
| ||||||
25 | (ii) the prudently and reasonably incurred costs | ||||||
26 | of environmental
controls are recovered.
|
| |||||||
| |||||||
1 | (c) Reliability: the ability of utilities to provide | ||||||
2 | consumers with
public utility services under varying | ||||||
3 | demand conditions in such manner that
suppliers of public | ||||||
4 | utility services are able to provide service at varying
| ||||||
5 | levels of economic reliability giving appropriate | ||||||
6 | consideration to the
costs likely to be incurred as a | ||||||
7 | result of service interruptions, and to
the costs of | ||||||
8 | increasing or maintaining current levels of reliability
| ||||||
9 | consistent with commitments to consumers.
| ||||||
10 | (d) Equity: the fair treatment of consumers and | ||||||
11 | investors in order that
| ||||||
12 | (i) the public health, safety and welfare shall be | ||||||
13 | protected;
| ||||||
14 | (ii) the application of rates is based on public | ||||||
15 | understandability and
acceptance of the reasonableness | ||||||
16 | of the rate structure and level;
| ||||||
17 | (iii) the cost of supplying public utility | ||||||
18 | services is allocated to
those who cause the costs to | ||||||
19 | be incurred;
| ||||||
20 | (iv) if factors other than cost of service are | ||||||
21 | considered in regulatory
decisions, the rationale for | ||||||
22 | these actions is set forth;
| ||||||
23 | (v) regulation allows for orderly transition | ||||||
24 | periods to accommodate
changes in public utility | ||||||
25 | service markets;
| ||||||
26 | (vi) regulation does not result in undue or |
| |||||||
| |||||||
1 | sustained adverse impact on
utility earnings;
| ||||||
2 | (vii) the impacts of regulatory actions on all | ||||||
3 | sectors of the State are
carefully weighed;
| ||||||
4 | (viii) the rates for utility services are | ||||||
5 | affordable and therefore
preserve the availability of | ||||||
6 | such services to all consumers citizens .
| ||||||
7 | It is further declared to be the policy of the State that | ||||||
8 | this Act shall
not apply in relation to motor carriers and rail | ||||||
9 | carriers as defined in the
Illinois Commercial Transportation | ||||||
10 | Law, or to
the
Commission in the regulation of such carriers.
| ||||||
11 | Nothing in this Act shall be construed to limit, restrict, | ||||||
12 | or mitigate in
any way the power and authority of the State's | ||||||
13 | Attorneys or the Attorney
General under the Consumer Fraud and | ||||||
14 | Deceptive Business Practices Act.
| ||||||
15 | (Source: P.A. 92-22, eff. 6-30-01.)
| ||||||
16 | (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
| ||||||
17 | Sec. 4-304.
Beginning in 1986, the Commission shall | ||||||
18 | prepare an
annual report which shall be filed by January 31 of | ||||||
19 | each year with the Joint
Committee on Legislative Support | ||||||
20 | Services of the General Assembly and the Governor and which | ||||||
21 | shall be publicly available. Such
report shall include:
| ||||||
22 | (1) A general review of agency activities and changes, | ||||||
23 | including:
| ||||||
24 | (a) a review of significant decisions and other | ||||||
25 | regulatory actions for
the preceding year, and pending |
| |||||||
| |||||||
1 | cases, and an analysis of the impact of
such decisions | ||||||
2 | and actions, and potential impact of any significant | ||||||
3 | pending
cases;
| ||||||
4 | (b) for each significant decision, regulatory | ||||||
5 | action and pending
case, a description of the | ||||||
6 | positions advocated by major parties, including
| ||||||
7 | Commission staff, and for each such decision rendered | ||||||
8 | or action taken, the
position adopted by the | ||||||
9 | Commission and reason therefor;
| ||||||
10 | (c) a description of the Commission's budget, | ||||||
11 | caseload, and staff
levels, including specifically:
| ||||||
12 | (i) a breakdown by type of case of the cases | ||||||
13 | resolved and filed during
the year and of pending | ||||||
14 | cases;
| ||||||
15 | (ii) a description of the allocation of the | ||||||
16 | Commission's budget,
identifying amounts budgeted | ||||||
17 | for each significant regulatory function or
| ||||||
18 | activity and for each department, bureau, section, | ||||||
19 | division or office of
the Commission and its | ||||||
20 | employees;
| ||||||
21 | (iii) a description of current employee | ||||||
22 | levels, identifying any change
occurring during | ||||||
23 | the year in the number of employees, personnel | ||||||
24 | policies
and practices or compensation levels; and | ||||||
25 | identifying the number and type
of employees | ||||||
26 | assigned to each Commission regulatory function |
| |||||||
| |||||||
1 | and to each
department, bureau, section, division | ||||||
2 | or office of the Commission;
| ||||||
3 | (d) a description of any significant changes in | ||||||
4 | Commission policies,
programs or practices with | ||||||
5 | respect to agency organization and
administration, | ||||||
6 | hearings and procedures or substantive regulatory
| ||||||
7 | activity.
| ||||||
8 | (2) A discussion and analysis of the state of each | ||||||
9 | utility industry
regulated by the Commission and | ||||||
10 | significant changes, trends and developments
therein, | ||||||
11 | including the number and types of firms offering each | ||||||
12 | utility
service, existing, new and prospective | ||||||
13 | technologies, variations in the
quality, availability and | ||||||
14 | price for utility services in different
geographic areas | ||||||
15 | of the State, and any other industry factors or
| ||||||
16 | circumstances which may affect the public interest or the | ||||||
17 | regulation of such
industries.
| ||||||
18 | (3) A specific discussion of the energy planning | ||||||
19 | responsibilities and
activities of the Commission and | ||||||
20 | energy utilities, including:
| ||||||
21 | (a) the extent to which conservation, | ||||||
22 | cogeneration, renewable energy
technologies and | ||||||
23 | improvements in energy efficiency are being utilized | ||||||
24 | by energy
consumers, the extent to which additional | ||||||
25 | potential exists for the economical
utilization of | ||||||
26 | such supplies, and a description of existing and |
| |||||||
| |||||||
1 | proposed
programs and policies designed to promote and | ||||||
2 | encourage such utilization;
| ||||||
3 | (b) a description of each energy plan filed with | ||||||
4 | the Commission pursuant
to the provisions of this Act, | ||||||
5 | and a copy, or detailed summary of the most
recent | ||||||
6 | energy plans adopted by the Commission;
| ||||||
7 | (c) a discussion of the powers by which the | ||||||
8 | Commission is implementing
the planning | ||||||
9 | responsibilities of Article VIII, including a | ||||||
10 | description of
the staff and budget assigned to such | ||||||
11 | function, the procedures by which
Commission staff | ||||||
12 | reviews and analyzes energy plans submitted by the | ||||||
13 | utilities,
the Department of Natural Resources, and | ||||||
14 | any other person or
party; and
| ||||||
15 | (d) a summary of the adoption of solar | ||||||
16 | photovoltaic systems by residential and small business | ||||||
17 | consumers in Illinois and a description of any and all | ||||||
18 | barriers to residential and small business consumers' | ||||||
19 | financing, installation, and valuation of energy | ||||||
20 | produced by solar photovoltaic systems; electric | ||||||
21 | utilities, alternative retail electric suppliers, and | ||||||
22 | installers of distributed generation shall provide all | ||||||
23 | information requested by the Commission or its staff | ||||||
24 | necessary to complete the analysis required by this | ||||||
25 | paragraph (d). | ||||||
26 | (4) A discussion of the extent to which utility |
| |||||||
| |||||||
1 | services are available
to all Illinois consumers citizens | ||||||
2 | including:
| ||||||
3 | (a) the percentage and number of persons or | ||||||
4 | households requiring each
such service who are not | ||||||
5 | receiving such service, and the reasons therefor,
| ||||||
6 | including specifically the number of such persons or | ||||||
7 | households who are
unable to afford such service;
| ||||||
8 | (b) a critical analysis of existing programs | ||||||
9 | designed to promote and
preserve the availability and | ||||||
10 | affordability of utility services; and
| ||||||
11 | (c) an analysis of the financial impact on | ||||||
12 | utilities and other
ratepayers of the inability of | ||||||
13 | some customers or potential customers to
afford | ||||||
14 | utility service, including the number of service | ||||||
15 | disconnections and
reconnections, and cost thereof and | ||||||
16 | the dollar amount of uncollectible
accounts recovered | ||||||
17 | through rates.
| ||||||
18 | (5) A detailed description of the means by which the | ||||||
19 | Commission is
implementing its new statutory | ||||||
20 | responsibilities under this Act, and the
status of such | ||||||
21 | implementation, including specifically:
| ||||||
22 | (a) Commission reorganization resulting from the | ||||||
23 | addition of an
Executive Director and administrative | ||||||
24 | law judge qualifications and review;
| ||||||
25 | (b) Commission responsibilities for construction | ||||||
26 | and rate supervision,
including construction cost |
| |||||||
| |||||||
1 | audits, management audits, excess capacity
| ||||||
2 | adjustments, phase-ins of new plant and the means and | ||||||
3 | capability for monitoring
and reevaluating existing or | ||||||
4 | future construction projects;
| ||||||
5 | (c) promulgation and application of rules | ||||||
6 | concerning ex parte
communications, circulation of | ||||||
7 | recommended orders and transcription of closed
| ||||||
8 | meetings.
| ||||||
9 | (6) A description of all appeals taken from Commission | ||||||
10 | orders, findings
or decisions and the status and outcome | ||||||
11 | of such appeals.
| ||||||
12 | (7) A description of the status of all studies and | ||||||
13 | investigations
required by this Act, including those | ||||||
14 | ordered pursuant to Sections 9-244 and 13-301 and all
such | ||||||
15 | subsequently ordered studies or investigations.
| ||||||
16 | (8) A discussion of new or potential developments in | ||||||
17 | federal
legislation, and federal agency and judicial | ||||||
18 | decisions relevant to State
regulation of utility | ||||||
19 | services.
| ||||||
20 | (9) All recommendations for appropriate legislative | ||||||
21 | action by the General
Assembly.
| ||||||
22 | The Commission may include such other information as it | ||||||
23 | deems to be
necessary or beneficial in describing or | ||||||
24 | explaining its activities or
regulatory responsibilities. The | ||||||
25 | report required by this Section shall be
adopted by a vote of | ||||||
26 | the full Commission prior to filing.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-840, eff. 8-13-18; 101-81, eff. 7-12-19.)
| ||||||
2 | (220 ILCS 5/4-605) | ||||||
3 | Sec. 4-605. Reliability mitigation plan findings. The | ||||||
4 | General Assembly finds that reducing carbon dioxide and | ||||||
5 | copollutant emissions in a manner that does not threaten | ||||||
6 | electric reliability and resource adequacy is essential to the | ||||||
7 | health and safety of all Illinois consumers citizens . | ||||||
8 | Therefore, the Commission shall review reliability mitigation | ||||||
9 | plans filed pursuant to Section 9.15 of the Environmental | ||||||
10 | Protection Act to ensure adequate, reliable, affordable, | ||||||
11 | efficient, and environmentally sustainable electric service is | ||||||
12 | available to ratepayers by approving reliability mitigation | ||||||
13 | plans that permit the Illinois Pollution Control Board to | ||||||
14 | enforce emission reductions in a manner that preserves | ||||||
15 | reliability and resource adequacy in wholesale and retail | ||||||
16 | electricity markets.
| ||||||
17 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
18 | (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
| ||||||
19 | (Section scheduled to be repealed on December 31, 2026)
| ||||||
20 | Sec. 13-102. Findings. With respect to telecommunications | ||||||
21 | services, as
herein defined, the General Assembly finds that:
| ||||||
22 | (a) universally available and widely affordable | ||||||
23 | telecommunications
services are essential to the health, | ||||||
24 | welfare and prosperity of all Illinois
consumers citizens ;
|
| |||||||
| |||||||
1 | (b) federal regulatory and judicial rulings in the | ||||||
2 | 1980s caused a
restructuring of the telecommunications | ||||||
3 | industry and opened some
aspects of the industry to | ||||||
4 | competitive entry, thereby necessitating
revision of State | ||||||
5 | telecommunications regulatory policies and practices;
| ||||||
6 | (c) revisions in telecommunications regulatory | ||||||
7 | policies and practices in
Illinois beginning in the | ||||||
8 | mid-1980s brought the benefits of competition to
consumers | ||||||
9 | in many telecommunications markets, but not in local | ||||||
10 | exchange
telecommunications service markets;
| ||||||
11 | (d) the federal Telecommunications Act of 1996 | ||||||
12 | established the goal of
opening all telecommunications | ||||||
13 | service markets to competition and
accords to the states | ||||||
14 | the responsibility to establish and enforce
policies | ||||||
15 | necessary to attain that goal;
| ||||||
16 | (e) it is in the immediate interest of the People of | ||||||
17 | the State of Illinois
for the State to exercise its rights | ||||||
18 | within the new framework of federal
telecommunications | ||||||
19 | policy to ensure that the economic benefits of competition
| ||||||
20 | in all telecommunications service markets are realized as
| ||||||
21 | effectively as possible;
| ||||||
22 | (f) the competitive offering of all telecommunications | ||||||
23 | services
will increase innovation and efficiency in the | ||||||
24 | provision of
telecommunications services and may lead to | ||||||
25 | reduced prices for consumers,
increased investment in | ||||||
26 | communications infrastructure, the creation of new
jobs, |
| |||||||
| |||||||
1 | and the attraction of new businesses to Illinois;
| ||||||
2 | (g) protection of the public interest requires changes | ||||||
3 | in the regulation of
telecommunications carriers and | ||||||
4 | services to ensure, to the maximum feasible
extent, the | ||||||
5 | reasonable and timely development of effective competition | ||||||
6 | in all
telecommunications service markets;
| ||||||
7 | (h) Illinois residents rely on today's modern wired | ||||||
8 | and wireless Internet Protocol (IP) networks and services | ||||||
9 | to improve their lives by connecting them to school and | ||||||
10 | college degrees, work and job opportunities, family and | ||||||
11 | friends, information, and entertainment, as well as | ||||||
12 | emergency responders and public safety officials; Illinois | ||||||
13 | businesses rely on these modern IP networks and services | ||||||
14 | to compete in a global marketplace by expanding their | ||||||
15 | customer base, managing inventory and operations more | ||||||
16 | efficiently, and offering customers specialized and | ||||||
17 | personalized products and services; without question, | ||||||
18 | Illinois residents and our State's economy rely profoundly | ||||||
19 | on the modern wired and wireless IP networks and services | ||||||
20 | in our State; | ||||||
21 | (i) the transition from 20th century traditional | ||||||
22 | circuit switched and other legacy telephone services to | ||||||
23 | modern 21st century next generation Internet Protocol (IP) | ||||||
24 | services is taking place at an extraordinary pace as | ||||||
25 | Illinois consumers are upgrading to home communications | ||||||
26 | service using IP technology, including high speed |
| |||||||
| |||||||
1 | Internet, Voice over Internet Protocol, and wireless | ||||||
2 | service; | ||||||
3 | (j) this rapid transition to IP-based communications | ||||||
4 | has dramatically transformed the way people communicate | ||||||
5 | and has provided significant benefits to consumers in the | ||||||
6 | form of innovative functionalities resulting from the | ||||||
7 | seamless convergence of voice, video, and text, benefits | ||||||
8 | realized by the General Assembly when it chose to | ||||||
9 | transition its own telecommunications system to an all IP | ||||||
10 | communications network in 2016; | ||||||
11 | (k) the benefits of the transition to IP-based | ||||||
12 | networks and services were also recognized by the General | ||||||
13 | Assembly in 2015 through the enactment of legislation | ||||||
14 | requiring that every 9-1-1 emergency system in Illinois | ||||||
15 | provide Next Generation 9-1-1 service by July 1, 2020, and | ||||||
16 | requiring that the Next Generation 9-1-1 network must be | ||||||
17 | an IP-based platform; and | ||||||
18 | (l) completing the transition to all IP-based networks | ||||||
19 | and technologies is in the public interest because it will | ||||||
20 | promote continued innovation, consumer benefits, increased | ||||||
21 | efficiencies, and increased investment in IP-based | ||||||
22 | networks and services. | ||||||
23 | (Source: P.A. 100-20, eff. 7-1-17 .)
| ||||||
24 | (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2026)
|
| |||||||
| |||||||
1 | Sec. 13-103. Policy. Consistent with its findings, the | ||||||
2 | General Assembly
declares that it is the policy of the State of | ||||||
3 | Illinois that:
| ||||||
4 | (a) telecommunications services should be
available to | ||||||
5 | all Illinois
consumers citizens at just, reasonable, and | ||||||
6 | affordable rates and that such services
should be provided | ||||||
7 | as widely and economically as possible in sufficient
| ||||||
8 | variety, quality, quantity and reliability to satisfy the | ||||||
9 | public interest;
| ||||||
10 | (b) consistent with the protection of consumers of
| ||||||
11 | telecommunications services and the furtherance of other | ||||||
12 | public interest
goals, competition in all | ||||||
13 | telecommunications service markets should be
pursued as a
| ||||||
14 | substitute for regulation in determining the variety, | ||||||
15 | quality and price
of telecommunications services and that | ||||||
16 | the economic burdens of regulation
should be reduced to | ||||||
17 | the extent possible consistent with the furtherance of
| ||||||
18 | market competition and protection of the
public interest;
| ||||||
19 | (c) all necessary and appropriate modifications to | ||||||
20 | State regulation of
telecommunications carriers and | ||||||
21 | services should be implemented without
unnecessary | ||||||
22 | disruption to the telecommunications
infrastructure
system | ||||||
23 | or to consumers of
telecommunications services and that it | ||||||
24 | is necessary and appropriate to
establish rules to | ||||||
25 | encourage and ensure orderly
transitions in the | ||||||
26 | development of markets for all
telecommunications |
| |||||||
| |||||||
1 | services;
| ||||||
2 | (d) the consumers of telecommunications services and | ||||||
3 | facilities provided
by persons or companies subject to | ||||||
4 | regulation pursuant to this Act and Article
should be | ||||||
5 | required to pay only reasonable and non-discriminatory | ||||||
6 | rates or
charges and that in no case should rates or | ||||||
7 | charges for non-competitive
telecommunications services | ||||||
8 | include any portion of the cost of providing
competitive | ||||||
9 | telecommunications services, as defined in Section 13-209, | ||||||
10 | or
the cost of any nonregulated activities;
| ||||||
11 | (e) the regulatory policies and procedures provided in | ||||||
12 | this Article are
established in recognition of the | ||||||
13 | changing nature of the telecommunications
industry and | ||||||
14 | therefore should be subject to systematic legislative | ||||||
15 | review to
ensure that the public benefits intended to | ||||||
16 | result from such policies and
procedures are fully | ||||||
17 | realized;
| ||||||
18 | (f) development of and prudent investment in advanced
| ||||||
19 | telecommunications services and networks that foster | ||||||
20 | economic development
of the State
should be encouraged | ||||||
21 | through the implementation and enforcement of policies
| ||||||
22 | that promote effective and sustained competition in all
| ||||||
23 | telecommunications service markets; and
| ||||||
24 | (g) completion of the transition to modern IP-based | ||||||
25 | networks should be encouraged through relief from the | ||||||
26 | outdated regulations that require continued investment in |
| |||||||
| |||||||
1 | legacy circuit switched networks from which Illinois | ||||||
2 | consumers have largely transitioned, while at the same | ||||||
3 | time ensuring that consumers have access to available | ||||||
4 | alternative services that provide quality voice service | ||||||
5 | and access to emergency communications. | ||||||
6 | (Source: P.A. 100-20, eff. 7-1-17 .)
| ||||||
7 | (220 ILCS 5/13-900) | ||||||
8 | (Section scheduled to be repealed on December 31, 2026) | ||||||
9 | Sec. 13-900. Authority to serve as 9-1-1 system provider; | ||||||
10 | rules. | ||||||
11 | (a) The General Assembly finds that it is necessary to | ||||||
12 | require the certification of 9-1-1 system providers to ensure | ||||||
13 | the safety of the lives and property of Illinoisans and | ||||||
14 | Illinois businesses, and to otherwise protect and promote the | ||||||
15 | public safety, health, and welfare of the consumers citizens | ||||||
16 | of this State and their property. | ||||||
17 | (b) For purposes of this Section: | ||||||
18 | "9-1-1 system" has the same meaning as that term is | ||||||
19 | defined in Section 2.19 of the Emergency Telephone System | ||||||
20 | Act. | ||||||
21 | "9-1-1 system provider" means any person, corporation, | ||||||
22 | limited liability company, partnership, sole | ||||||
23 | proprietorship, or entity of any description whatever that | ||||||
24 | acts as a system provider within the meaning of Section | ||||||
25 | 2.18 of the Emergency Telephone System Act. |
| |||||||
| |||||||
1 | "Emergency Telephone System Board" has the same | ||||||
2 | meaning as that term is defined in Sections 2.11 and 15.4 | ||||||
3 | of the Emergency Telephone System Act. | ||||||
4 | "Public safety agency personnel" means personnel | ||||||
5 | employed by a public safety agency, as that term is | ||||||
6 | defined in Section 2.02 of the Emergency Telephone System | ||||||
7 | Act, whose responsibilities include responding to requests | ||||||
8 | for emergency services. | ||||||
9 | (c) Except as otherwise provided in this Section, | ||||||
10 | beginning July 1, 2010, it is unlawful for any 9-1-1 system | ||||||
11 | provider to offer or provide or seek to offer or provide to any | ||||||
12 | emergency telephone system board or 9-1-1 system, or agent, | ||||||
13 | representative, or designee thereof, any network and database | ||||||
14 | service used or intended to be used by any emergency telephone | ||||||
15 | system board or 9-1-1 system for the purpose of answering, | ||||||
16 | transferring, or relaying requests for emergency services, or | ||||||
17 | dispatching public safety agency personnel in response to | ||||||
18 | requests for emergency services, unless the 9-1-1 system | ||||||
19 | provider has applied for and received a Certificate of 9-1-1 | ||||||
20 | System Provider Authority from the Commission. The Commission | ||||||
21 | shall approve an application for a Certificate of 9-1-1 System | ||||||
22 | Provider Authority upon a showing by the applicant, and a | ||||||
23 | finding by the Commission, after notice and hearing, that the | ||||||
24 | applicant possesses sufficient technical, financial, and | ||||||
25 | managerial resources and abilities to provide network service | ||||||
26 | and database services that it seeks authority to provide in |
| |||||||
| |||||||
1 | its application for service authority, in a safe, continuous, | ||||||
2 | and uninterrupted manner. | ||||||
3 | (d) No incumbent local exchange carrier that provides, as | ||||||
4 | of the effective date of this amendatory Act of the 96th | ||||||
5 | General Assembly, any 9-1-1 network and 9-1-1 database service | ||||||
6 | used or intended to be used by any Emergency Telephone System | ||||||
7 | Board or 9-1-1 system, shall be required to obtain a | ||||||
8 | Certificate of 9-1-1 System Provider Authority under this | ||||||
9 | Section. No entity that possesses, as of the effective date of | ||||||
10 | this amendatory Act of the 96th General Assembly, a | ||||||
11 | Certificate of Service Authority and provides 9-1-1 network | ||||||
12 | and 9-1-1 database services to any incumbent local exchange | ||||||
13 | carrier as of the effective date of this amendatory Act of the | ||||||
14 | 96th General Assembly shall be required to obtain a | ||||||
15 | Certificate of 9-1-1 System Provider Authority under this | ||||||
16 | Section. | ||||||
17 | (e) Any and all enforcement authority granted to the | ||||||
18 | Commission under this Section shall apply exclusively to 9-1-1 | ||||||
19 | system providers granted a Certificate of Service Authority | ||||||
20 | under this Section and shall not apply to incumbent local | ||||||
21 | exchange carriers that are providing 9-1-1 service as of the | ||||||
22 | effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly.
| ||||||
24 | (Source: P.A. 100-20, eff. 7-1-17 .)
| ||||||
25 | (220 ILCS 5/16-101A)
|
| |||||||
| |||||||
1 | Sec. 16-101A. Legislative findings.
| ||||||
2 | (a) The consumers citizens and businesses of the State of | ||||||
3 | Illinois
have been well-served by a comprehensive electrical | ||||||
4 | utility
system which has provided safe, reliable, and | ||||||
5 | affordable
service. The electrical utility system in the State | ||||||
6 | of
Illinois has historically been subject to State and federal
| ||||||
7 | regulation, aimed at assuring the consumers citizens and | ||||||
8 | businesses of
the State of safe, reliable, and affordable | ||||||
9 | service, while at
the same time assuring the utility system of | ||||||
10 | a return on its
investment.
| ||||||
11 | (b) Competitive forces are affecting the market for
| ||||||
12 | electricity as a result of recent federal regulatory and
| ||||||
13 | statutory changes and the activities of other states.
| ||||||
14 | Competition in the electric services market may create
| ||||||
15 | opportunities for new products and services for customers and
| ||||||
16 | lower costs for users of electricity. Long-standing regulatory
| ||||||
17 | relationships need to be altered to accommodate the
| ||||||
18 | competition that could fundamentally alter the structure of
| ||||||
19 | the electric services market.
| ||||||
20 | (c) With the advent of increasing competition in this
| ||||||
21 | industry, the State has a continued interest in assuring that
| ||||||
22 | the safety, reliability, and affordability of electrical power
| ||||||
23 | is not sacrificed to competitive pressures, and to that end,
| ||||||
24 | intends to implement safeguards to assure that the industry
| ||||||
25 | continues to operate the electrical system in a manner that
| ||||||
26 | will serve the public's interest. Under the existing
|
| |||||||
| |||||||
1 | regulatory framework, the industry has been encouraged to
| ||||||
2 | undertake certain investments in its physical plant and
| ||||||
3 | personnel to enhance its efficient operation, the cost of
| ||||||
4 | which it has been permitted to pass on to consumers. The
State | ||||||
5 | has an interest in providing the existing utilities a
| ||||||
6 | reasonable opportunity to obtain a return on certain
| ||||||
7 | investments on which they depended in undertaking those
| ||||||
8 | commitments in the first instance while, at the same time, not
| ||||||
9 | permitting new entrants into the industry to take unreasonable
| ||||||
10 | advantage of the investments made by the formerly regulated
| ||||||
11 | industry.
| ||||||
12 | (d) A competitive wholesale and retail market must
benefit | ||||||
13 | all Illinois consumers citizens . The Illinois Commerce
| ||||||
14 | Commission should act to promote the development of an
| ||||||
15 | effectively competitive electricity market that operates
| ||||||
16 | efficiently and is equitable to all consumers. Consumer
| ||||||
17 | protections must be in place to ensure that all customers
| ||||||
18 | continue to receive safe, reliable, affordable, and
| ||||||
19 | environmentally safe electric service.
| ||||||
20 | (e) All consumers must benefit in an equitable and timely
| ||||||
21 | fashion from the lower costs for electricity that result from
| ||||||
22 | retail and wholesale competition and receive sufficient
| ||||||
23 | information to make informed choices among suppliers and
| ||||||
24 | services. The use of renewable resources and energy efficiency
| ||||||
25 | resources should be encouraged in competitive markets.
| ||||||
26 | (f) The efficiency of electric markets depends both upon |
| |||||||
| |||||||
1 | the competitiveness of supply and upon the | ||||||
2 | price-responsiveness of the demand for service. Therefore, to | ||||||
3 | ensure the lowest total cost of service and to enhance the | ||||||
4 | reliability of service, all classes of the electricity | ||||||
5 | customers of electric utilities should have access to and be | ||||||
6 | able to voluntarily use real-time pricing and other | ||||||
7 | price-response and demand-response mechanisms.
| ||||||
8 | (g) Including cost-effective renewable resources and | ||||||
9 | demand-response resources in a diverse electricity supply | ||||||
10 | portfolio will reduce long-term direct and indirect costs to | ||||||
11 | consumers by decreasing environmental impacts and by avoiding | ||||||
12 | or delaying the need for new generation, transmission, and | ||||||
13 | distribution infrastructure. It serves the public interest to | ||||||
14 | allow electric utilities to recover costs for reasonably and | ||||||
15 | prudently incurred expenses for electricity generated by | ||||||
16 | renewable resources and demand-response resources.
| ||||||
17 | (h) Including electricity generated by clean coal | ||||||
18 | facilities, as defined under Section 1-10 of the Illinois | ||||||
19 | Power Agency Act, in a diverse electricity procurement | ||||||
20 | portfolio will reduce the need to purchase, directly or | ||||||
21 | indirectly, carbon dioxide emission credits and will decrease | ||||||
22 | environmental impacts. It serves the public interest to allow | ||||||
23 | electric utilities to recover costs for reasonably and | ||||||
24 | prudently incurred expenses for sourcing electricity generated | ||||||
25 | by clean coal facilities. | ||||||
26 | (Source: P.A. 94-977, eff. 6-30-06; 95-481, eff. 8-28-07; |
| |||||||
| |||||||
1 | 95-1027, eff. 6-1-09 .)
| ||||||
2 | (220 ILCS 5/16-111.2)
| ||||||
3 | Sec. 16-111.2.
Provisions related to proposed
utility | ||||||
4 | transactions.
| ||||||
5 | (a) The General Assembly finds:
| ||||||
6 | (1) A transaction as described in paragraph (3) of | ||||||
7 | this subsection (a)
will contribute to
improved | ||||||
8 | reliability of the electric supply system in Illinois | ||||||
9 | which
is one of the key purposes of the Illinois Electric
| ||||||
10 | Service Customer Choice and Rate Relief Law of 1997.
| ||||||
11 | (2) A transaction as described in paragraph (3) of | ||||||
12 | this subsection (a)
is likely to promote additional
| ||||||
13 | investment in the existing generating assets and in
the | ||||||
14 | development of additional generation capacity in Illinois, | ||||||
15 | and
such change in ownership is in the public
interest, | ||||||
16 | consistent with the intent of the Illinois
Electric | ||||||
17 | Service Customer Choice and Rate Relief Law of
1997 and | ||||||
18 | beneficial for the consumers citizens of this State.
| ||||||
19 | (3) As of the date on which this amendatory Act of 1999 | ||||||
20 | becomes
law, an electric utility providing service to more | ||||||
21 | than
1,000,000 customers in this State has proposed to | ||||||
22 | sell
or transfer to a single buyer 5 or more generating
| ||||||
23 | plants with a total net dependable capacity of 5000
| ||||||
24 | megawatts or more pursuant to subsection (g) of Section
| ||||||
25 | 16-111.
|
| |||||||
| |||||||
1 | (4) Such electric utility anticipates receiving a
sale | ||||||
2 | price or consideration as a result of such
transaction | ||||||
3 | exceeding 200% of the book value of
these plants.
| ||||||
4 | (5) Such electric utility has presented to the
| ||||||
5 | Governor and the leaders of the General Assembly a
written | ||||||
6 | commitment in which such electric utility
agrees to expend | ||||||
7 | $2,000,000,000 outside the corporate
limits of any | ||||||
8 | municipality with 1,000,000 or more
inhabitants within | ||||||
9 | such electric utility's service
area, over a 6-year period | ||||||
10 | beginning with this
calendar year on projects, programs | ||||||
11 | and improvements
within its service area relating to | ||||||
12 | transmission and
distribution including, without | ||||||
13 | limitation,
infrastructure expansion, repair and | ||||||
14 | replacement,
capital investments, operations and | ||||||
15 | maintenance, and
vegetation management.
| ||||||
16 | (6) Such electric utility has committed that,
if the | ||||||
17 | sale or transfer contemplated by paragraph (3)
of this | ||||||
18 | subsection is consummated on or before December
31, 1999, | ||||||
19 | the electric utility shall make
contributions totaling | ||||||
20 | $250,000,000 to entities within
this State for, among | ||||||
21 | other purposes, environmental and
clean coal initiatives | ||||||
22 | pursuant to Section 16-111.1, which commitment includes
a
| ||||||
23 | contribution of $25,000,000 to the Board of Trustees of | ||||||
24 | Southern Illinois
University for the purpose of funding | ||||||
25 | programs or projects related to clean
coal.
| ||||||
26 | (b) That, in light of the findings in paragraphs (1)
and |
| |||||||
| |||||||
1 | (2) of subsection (a) and, in this instance, the
circumstances | ||||||
2 | described in paragraphs (3) through (6) of
subsection (a) and | ||||||
3 | otherwise, the General Assembly hereby
finds that allowing the | ||||||
4 | generating facilities being acquired
to be eligible facilities | ||||||
5 | under the provisions of the
National Energy Policy Act of 1992 | ||||||
6 | that apply to exempt
wholesale generators (A) will benefit | ||||||
7 | consumers; (B) is in
the public interest; and (C) does not | ||||||
8 | violate the law of
this State.
| ||||||
9 | (c) Nothing in this Section shall have any effect on the | ||||||
10 | authority of the
Commission under subsection (g) of Section | ||||||
11 | 16-111 of this Act.
| ||||||
12 | (Source: P.A. 91-50, eff. 6-30-99.)
| ||||||
13 | (220 ILCS 5/16-128)
| ||||||
14 | Sec. 16-128. Provisions related to utility employees. | ||||||
15 | (a) The General Assembly finds:
| ||||||
16 | (1) The reliability and safety of the electric system | ||||||
17 | has depended and depends on a
workforce of skilled and | ||||||
18 | dedicated employees, equipped with technical training
and | ||||||
19 | experience.
| ||||||
20 | (2) The integrity and reliability of the system also | ||||||
21 | requires the
industry's commitment to invest in regular | ||||||
22 | inspection and maintenance, to
assure that it can | ||||||
23 | withstand the demands of heavy service requirements and
| ||||||
24 | emergency situations.
| ||||||
25 | (3) It is in the State's interest to protect the |
| |||||||
| |||||||
1 | interests of utility
employees who have and continue to | ||||||
2 | dedicate themselves to assuring reliable service to the
| ||||||
3 | consumers citizens of this State, and who might otherwise | ||||||
4 | be economically displaced in a
restructured industry.
| ||||||
5 | The General Assembly further finds that it is
necessary to | ||||||
6 | assure that employees of electric utilities and employees of | ||||||
7 | contractors or subcontractors performing work on behalf of an | ||||||
8 | electric utility operating in the
deregulated industry have | ||||||
9 | the requisite skills, knowledge, training, experience, and
| ||||||
10 | competence to provide reliable and safe electrical service | ||||||
11 | under this Act.
| ||||||
12 | The General Assembly also finds that it is necessary to | ||||||
13 | assure that employees of alternative retail electric suppliers | ||||||
14 | and employees of contractors or subcontractors performing work | ||||||
15 | on behalf of an alternative retail electric supplier operating | ||||||
16 | in the deregulated industry have the requisite skills, | ||||||
17 | knowledge, training, experience, and competence to provide | ||||||
18 | reliable and safe electrical service under this Act. | ||||||
19 | To ensure that these findings and prerequisites for | ||||||
20 | reliable and safe electrical service continue to prevail, each | ||||||
21 | alternative retail electric supplier, electric utility, and | ||||||
22 | contractors and subcontractors performing work on behalf of an | ||||||
23 | electric utility or alternative retail electric supplier must | ||||||
24 | demonstrate the competence of their respective employees to | ||||||
25 | work on the distribution system. | ||||||
26 | The knowledge, skill, training, experience, and competence |
| |||||||
| |||||||
1 | levels to be
demonstrated shall be consistent with those | ||||||
2 | required
of or by the electric utilities in this State as of | ||||||
3 | January 1, 2007, with respect to
their employees and employees | ||||||
4 | of contractors or subcontractors performing work on their | ||||||
5 | behalf. Nothing in this Section shall prohibit an electric | ||||||
6 | utility from establishing knowledge, skill, training, | ||||||
7 | experience, and competence levels greater than those required | ||||||
8 | as of January 1, 2007.
| ||||||
9 | An adequate demonstration of requisite knowledge, skill, | ||||||
10 | training, experience, and
competence shall include, at a | ||||||
11 | minimum, completion or current participation and ultimate | ||||||
12 | completion by the
employee of an accredited or otherwise | ||||||
13 | recognized
apprenticeship program for the particular craft, | ||||||
14 | trade or
skill, or specified and several years of employment | ||||||
15 | performing a particular work function that is utilized by an | ||||||
16 | electric utility.
| ||||||
17 | Notwithstanding any law, tariff, Commission rule, order, | ||||||
18 | or decision to the contrary, the Commission shall have an | ||||||
19 | affirmative statutory obligation to ensure that an electric | ||||||
20 | utility is employing employees, contractors, and | ||||||
21 | subcontractors with employees who meet the requirements of | ||||||
22 | subsection (a) of this Section when installing, constructing, | ||||||
23 | operating, and maintaining generation, transmission, or | ||||||
24 | distribution facilities and equipment within this State | ||||||
25 | pursuant to any provision in this Act or any Commission order, | ||||||
26 | rule, or decision. |
| |||||||
| |||||||
1 | For purposes of this Section, "distribution facilities and | ||||||
2 | equipment" means any and all of the facilities and equipment, | ||||||
3 | including, but not limited to, substations, distribution | ||||||
4 | feeder circuits, switches, meters, protective equipment, | ||||||
5 | primary circuits, distribution transformers, line extensions | ||||||
6 | and service extensions both above or below ground, conduit, | ||||||
7 | risers, elbows, transformer pads, junction boxes, manholes, | ||||||
8 | pedestals, conductors, and all associated fittings that | ||||||
9 | connect the transmission or distribution system to either the | ||||||
10 | weatherhead on the retail customer's building or other | ||||||
11 | structure for above ground service or to the terminals on the | ||||||
12 | meter base of the retail customer's building or other | ||||||
13 | structure for below ground service. | ||||||
14 | To implement this requirement for alternative retail | ||||||
15 | electric suppliers, the Commission, in
determining that an | ||||||
16 | applicant meets the standards for
certification as an | ||||||
17 | alternative retail electric supplier,
shall require the | ||||||
18 | applicant to demonstrate (i) that the
applicant is licensed to | ||||||
19 | do business, and bonded, in the State
of Illinois; and (ii) | ||||||
20 | that the employees of the applicant that
will be installing, | ||||||
21 | operating, and maintaining generation,
transmission, or | ||||||
22 | distribution facilities within this State, or
any entity with | ||||||
23 | which the applicant has contracted to perform
those functions | ||||||
24 | within this State, have the requisite knowledge, skills, | ||||||
25 | training, experience, and
competence to perform those | ||||||
26 | functions in a safe and
responsible manner in order to provide |
| |||||||
| |||||||
1 | safe and reliable
service, in accordance with the criteria | ||||||
2 | stated above.
| ||||||
3 | (b) The General Assembly finds, based on experience in
| ||||||
4 | other industries that have undergone similar transitions, that
| ||||||
5 | the introduction of competition into the State's electric
| ||||||
6 | utility industry may result in workforce reductions by
| ||||||
7 | electric utilities which may adversely affect persons who have
| ||||||
8 | been employed by this State's electric utilities in functions
| ||||||
9 | important to the public convenience and welfare. The General
| ||||||
10 | Assembly further finds that the impacts on employees and their
| ||||||
11 | communities of any necessary reductions in the utility
| ||||||
12 | workforce directly caused by this restructuring of the
| ||||||
13 | electric industry shall be mitigated to the extent
practicable | ||||||
14 | through such means as offers of voluntary
severance, | ||||||
15 | retraining, early retirement, outplacement and
related | ||||||
16 | benefits. Therefore, before any such reduction in the
| ||||||
17 | workforce during the transition period, an electric utility
| ||||||
18 | shall present to its employees or their representatives a
| ||||||
19 | workforce reduction plan outlining the means by which the
| ||||||
20 | electric utility intends to mitigate the impact of such
| ||||||
21 | workforce reduction on its employees.
| ||||||
22 | (c) In the event of a sale, purchase, or any other transfer
| ||||||
23 | of ownership during the mandatory transition period of one or
| ||||||
24 | more Illinois divisions or business units, and/or generating
| ||||||
25 | stations or generating units, of an electric utility, the
| ||||||
26 | electric utility's contract and/or agreements with the
|
| |||||||
| |||||||
1 | acquiring entity or persons shall require that the entity or
| ||||||
2 | persons hire a sufficient number of non-supervisory employees
| ||||||
3 | to operate and maintain the station, division or unit by
| ||||||
4 | initially making offers of employment to the non-supervisory
| ||||||
5 | workforce of the electric utility's division, business unit,
| ||||||
6 | generating station and/or generating unit at no less than the
| ||||||
7 | wage rates, and substantially equivalent fringe benefits and
| ||||||
8 | terms and conditions of employment that are in effect at the
| ||||||
9 | time of transfer of ownership of said division, business unit,
| ||||||
10 | generating station, and/or generating units; and said wage
| ||||||
11 | rates and substantially equivalent fringe benefits and terms
| ||||||
12 | and conditions of employment shall continue for at least 30
| ||||||
13 | months from the time of said transfer of ownership unless the
| ||||||
14 | parties mutually agree to different terms and conditions of
| ||||||
15 | employment within that 30-month period. The utility shall
| ||||||
16 | offer a transition plan to those employees who are not offered
| ||||||
17 | jobs by the acquiring entity because that entity has a need
for | ||||||
18 | fewer workers. If there is litigation concerning the
sale, or | ||||||
19 | other transfer of ownership of the electric utility's
| ||||||
20 | divisions, business units, generating station, or
generating | ||||||
21 | units, the 30-month period will begin on the date
the | ||||||
22 | acquiring entity or persons take control or management
of the | ||||||
23 | divisions, business units, generating station or
generating | ||||||
24 | units of the electric utility.
| ||||||
25 | (d) If a utility transfers ownership during the mandatory
| ||||||
26 | transition period of one or more Illinois divisions, business
|
| |||||||
| |||||||
1 | units, generating stations or generating units of an
electric | ||||||
2 | utility to a majority-owned subsidiary, that
subsidiary shall | ||||||
3 | continue to employ the utility's employees
who were employed | ||||||
4 | by the utility at such division, business
unit or generating | ||||||
5 | station at the time of the transfer under
the same terms and | ||||||
6 | conditions of employment as those employees
enjoyed at the | ||||||
7 | time of the transfer. If ownership of the
subsidiary is | ||||||
8 | subsequently sold or transferred to a third
party during the | ||||||
9 | transition period, the transition provisions
outlined in | ||||||
10 | subsection (c) shall apply.
| ||||||
11 | (e) The plant transfer provisions set forth above shall | ||||||
12 | not
apply to any generating station which was the subject of a
| ||||||
13 | sales agreement entered into before January 1, 1997.
| ||||||
14 | (Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11.)
|