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Rep. Lance Yednock
Filed: 5/8/2023
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1 | | AMENDMENT TO SENATE BILL 76
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2 | | AMENDMENT NO. ______. Amend Senate Bill 76 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Public Utilities Act is amended by |
5 | | changing Section 8-406 as follows: |
6 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) |
7 | | Sec. 8-406. Certificate of public convenience and |
8 | | necessity. |
9 | | (a) No public utility not owning any city or village
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10 | | franchise nor engaged in performing any public service or in |
11 | | furnishing any
product or commodity within this State as of |
12 | | July 1, 1921 and not
possessing a certificate of
public |
13 | | convenience and necessity from the Illinois Commerce |
14 | | Commission,
the State Public Utilities Commission, or
the |
15 | | Public Utilities Commission, at the time Public Act 84-617 |
16 | | goes
into effect (January 1, 1986), shall transact any |
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1 | | business in this State until it shall have
obtained a |
2 | | certificate from the Commission that public convenience and
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3 | | necessity require the transaction of such business. A |
4 | | certificate of public convenience and necessity requiring the |
5 | | transaction of public utility business in any area of this |
6 | | State shall include authorization to the public utility |
7 | | receiving the certificate of public convenience and necessity |
8 | | to construct such plant, equipment, property, or facility as |
9 | | is provided for under the terms and conditions of its tariff |
10 | | and as is necessary to provide utility service and carry out |
11 | | the transaction of public utility business by the public |
12 | | utility in the designated area. |
13 | | (b) No public utility shall begin the construction of any |
14 | | new plant,
equipment, property, or facility which is not in |
15 | | substitution of any
existing plant, equipment, property, or |
16 | | facility, or any extension or
alteration thereof or in |
17 | | addition thereto,
unless and until it shall have obtained from |
18 | | the
Commission a certificate that public convenience and |
19 | | necessity require such
construction. Whenever after a hearing |
20 | | the Commission determines that any
new construction or the |
21 | | transaction of any business by a public utility will
promote |
22 | | the public convenience and is necessary thereto, it shall have |
23 | | the
power to issue certificates of public convenience and |
24 | | necessity. The
Commission shall determine that proposed |
25 | | construction will promote the
public convenience and necessity |
26 | | only if the utility demonstrates: (1) that the
proposed |
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1 | | construction is necessary to provide adequate, reliable, and
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2 | | efficient service to its customers and is the
least-cost means |
3 | | of
satisfying the service needs of its customers or that the |
4 | | proposed construction will promote the development of an |
5 | | effectively competitive electricity market that operates |
6 | | efficiently, is equitable to all customers, and is the least |
7 | | cost means of satisfying those objectives;
(2) that the |
8 | | utility is capable of efficiently managing and
supervising the |
9 | | construction process and has taken sufficient action to
ensure |
10 | | adequate and efficient construction and supervision thereof; |
11 | | and (3)
that the utility is capable of financing the proposed |
12 | | construction without
significant adverse financial |
13 | | consequences for the utility or its
customers. |
14 | | (b-5) As used in this subsection (b-5): |
15 | | "Qualifying direct current applicant" means an entity that |
16 | | seeks to provide direct current bulk transmission service for |
17 | | the purpose of transporting electric energy in interstate |
18 | | commerce. |
19 | | "Qualifying direct current project" means a high voltage |
20 | | direct current electric service line that crosses at least one |
21 | | Illinois border, the Illinois portion of which is physically |
22 | | located within the region of the Midcontinent Independent |
23 | | System Operator, Inc., or its successor organization, and runs |
24 | | through the counties of Pike, Scott, Greene, Macoupin, |
25 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is |
26 | | capable of transmitting electricity at voltages of 345 |
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1 | | kilovolts or above, and may also include associated |
2 | | interconnected alternating current interconnection facilities |
3 | | in this State that are part of the proposed project and |
4 | | reasonably necessary to connect the project with other |
5 | | portions of the grid. |
6 | | Notwithstanding any other provision of this Act, a |
7 | | qualifying direct current applicant that does not own, |
8 | | control, operate, or manage, within this State, any plant, |
9 | | equipment, or property used or to be used for the transmission |
10 | | of electricity at the time of its application or of the |
11 | | Commission's order may file an application on or before |
12 | | December 31, 2023 with the Commission pursuant to this Section |
13 | | or Section 8-406.1 for, and the Commission may grant, a |
14 | | certificate of public convenience and necessity to construct, |
15 | | operate, and maintain a qualifying direct current project. The |
16 | | qualifying direct current applicant may also include in the |
17 | | application requests for authority under Section 8-503. The |
18 | | Commission shall grant the application for a certificate of |
19 | | public convenience and necessity and requests for authority |
20 | | under Section 8-503 if it finds that the qualifying direct |
21 | | current applicant and the proposed qualifying direct current |
22 | | project satisfy the requirements of this subsection and |
23 | | otherwise satisfy the criteria of this Section or Section |
24 | | 8-406.1 and the criteria of Section 8-503, as applicable to |
25 | | the application and to the extent such criteria are not |
26 | | superseded by the provisions of this subsection. The |
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1 | | Commission's order on the application for the certificate of |
2 | | public convenience and necessity shall also include the |
3 | | Commission's findings and determinations on the request or |
4 | | requests for authority pursuant to Section 8-503. Prior to |
5 | | filing its application under either this Section or Section |
6 | | 8-406.1, the qualifying direct current applicant shall conduct |
7 | | 3 public meetings in accordance with subsection (h) of this |
8 | | Section. If the qualifying direct current applicant |
9 | | demonstrates in its application that the proposed qualifying |
10 | | direct current project is designed to deliver electricity to a |
11 | | point or points on the electric transmission grid in either or |
12 | | both the PJM Interconnection, LLC or the Midcontinent |
13 | | Independent System Operator, Inc., or their respective |
14 | | successor organizations, the proposed qualifying direct |
15 | | current project shall be deemed to be, and the Commission |
16 | | shall find it to be, for public use. If the qualifying direct |
17 | | current applicant further demonstrates in its application that |
18 | | the proposed transmission project has a capacity of 1,000 |
19 | | megawatts or larger and a voltage level of 345 kilovolts or |
20 | | greater, the proposed transmission project shall be deemed to |
21 | | satisfy, and the Commission shall find that it satisfies, the |
22 | | criteria stated in item (1) of subsection (b) of this Section |
23 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as |
24 | | applicable to the application, without the taking of |
25 | | additional evidence on these criteria. Prior to the transfer |
26 | | of functional control of any transmission assets to a regional |
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1 | | transmission organization, a qualifying direct current |
2 | | applicant shall request Commission approval to join a regional |
3 | | transmission organization in an application filed pursuant to |
4 | | this subsection (b-5) or separately pursuant to Section 7-102 |
5 | | of this Act. The Commission may grant permission to a |
6 | | qualifying direct current applicant to join a regional |
7 | | transmission organization if it finds that the membership, and |
8 | | associated transfer of functional control of transmission |
9 | | assets, benefits Illinois customers in light of the attendant |
10 | | costs and is otherwise in the public interest. Nothing in this |
11 | | subsection (b-5) requires a qualifying direct current |
12 | | applicant to join a regional transmission organization. |
13 | | Nothing in this subsection (b-5) requires the owner or |
14 | | operator of a high voltage direct current transmission line |
15 | | that is not a qualifying direct current project to obtain a |
16 | | certificate of public convenience and necessity to the extent |
17 | | it is not otherwise required by this Section 8-406 or any other |
18 | | provision of this Act. |
19 | | (c) (Blank). After September 11, 1987 (the effective date |
20 | | of Public Act 85-377), no
construction shall commence on any |
21 | | new nuclear
power plant to be located within this State, and no |
22 | | certificate of public
convenience and necessity or other |
23 | | authorization shall be issued therefor
by the Commission, |
24 | | until the Director of the Illinois Environmental
Protection |
25 | | Agency finds that the United States Government, through its
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26 | | authorized agency, has identified and approved a demonstrable |
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1 | | technology or
means for the disposal of high level nuclear |
2 | | waste, or until such
construction has been specifically |
3 | | approved by a statute enacted by the General
Assembly. |
4 | | As used in this Section, "high level nuclear waste" means |
5 | | those aqueous
wastes resulting from the operation of the first |
6 | | cycle of the solvent
extraction system or equivalent and the |
7 | | concentrated wastes of the
subsequent extraction cycles or |
8 | | equivalent in a facility for reprocessing
irradiated reactor |
9 | | fuel and shall include spent fuel assemblies prior to
fuel |
10 | | reprocessing. |
11 | | (d) In making its determination under subsection (b) of |
12 | | this Section, the Commission shall attach primary
weight to |
13 | | the cost or cost savings to the customers of the utility. The
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14 | | Commission may consider any or all factors which will or may |
15 | | affect such
cost or cost savings, including the public |
16 | | utility's engineering judgment regarding the materials used |
17 | | for construction. |
18 | | (e) The Commission may issue a temporary certificate which |
19 | | shall remain
in force not to exceed one year in cases of |
20 | | emergency, to assure maintenance
of adequate service or to |
21 | | serve particular customers, without notice or
hearing, pending |
22 | | the determination of an application for a certificate, and
may |
23 | | by regulation exempt from the requirements of this Section |
24 | | temporary
acts or operations for which the issuance of a |
25 | | certificate will not be
required in the public interest. |
26 | | A public utility shall not be required to obtain but may |
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1 | | apply for and
obtain a certificate of public convenience and |
2 | | necessity pursuant to this
Section with respect to any matter |
3 | | as to which it has received the
authorization or order of the |
4 | | Commission under the Electric Supplier Act,
and any such |
5 | | authorization or order granted a public utility by the
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6 | | Commission under that Act shall as between public utilities be |
7 | | deemed to
be, and shall have except as provided in that Act the |
8 | | same force and effect
as, a certificate of public convenience |
9 | | and necessity issued pursuant to this
Section. |
10 | | No electric cooperative shall be made or shall become a |
11 | | party to or shall
be entitled to be heard or to otherwise |
12 | | appear or participate in any
proceeding initiated under this |
13 | | Section for authorization of power plant
construction and as |
14 | | to matters as to which a remedy is available under the
Electric |
15 | | Supplier Act. |
16 | | (f) Such certificates may be altered or modified by the |
17 | | Commission, upon
its own motion or upon application by the |
18 | | person or corporation affected.
Unless exercised within a |
19 | | period of 2 years from the grant thereof,
authority conferred |
20 | | by a certificate of convenience and necessity issued by
the |
21 | | Commission shall be null and void. |
22 | | No certificate of public convenience and necessity shall |
23 | | be construed as
granting a monopoly or an exclusive privilege, |
24 | | immunity or franchise. |
25 | | (g) A public utility that undertakes any of the actions |
26 | | described in items (1) through (3) of this subsection (g) or |
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1 | | that has obtained approval pursuant to Section 8-406.1 of this |
2 | | Act shall not be required to comply with the requirements of |
3 | | this Section to the extent such requirements otherwise would |
4 | | apply. For purposes of this Section and Section 8-406.1 of |
5 | | this Act, "high voltage electric service line" means an |
6 | | electric line having a design voltage of 100,000 or more. For |
7 | | purposes of this subsection (g), a public utility may do any of |
8 | | the following: |
9 | | (1) replace or upgrade any existing high voltage |
10 | | electric service line and related facilities, |
11 | | notwithstanding its length; |
12 | | (2) relocate any existing high voltage electric |
13 | | service line and related facilities, notwithstanding its |
14 | | length, to accommodate construction or expansion of a |
15 | | roadway or other transportation infrastructure; or |
16 | | (3) construct a high voltage electric service line and |
17 | | related facilities that is constructed solely to serve a |
18 | | single customer's premises or to provide a generator |
19 | | interconnection to the public utility's transmission |
20 | | system and that will pass under or over the premises owned |
21 | | by the customer or generator to be served or under or over |
22 | | premises for which the customer or generator has secured |
23 | | the necessary right of way. |
24 | | (h) A public utility seeking to construct a high-voltage |
25 | | electric service line and related facilities (Project) must |
26 | | show that the utility has held a minimum of 2 pre-filing public |
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1 | | meetings to receive public comment concerning the Project in |
2 | | each county where the Project is to be located, no earlier than |
3 | | 6 months prior to filing an application for a certificate of |
4 | | public convenience and necessity from the Commission. Notice |
5 | | of the public meeting shall be published in a newspaper of |
6 | | general circulation within the affected county once a week for |
7 | | 3 consecutive weeks, beginning no earlier than one month prior |
8 | | to the first public meeting. If the Project traverses 2 |
9 | | contiguous counties and where in one county the transmission |
10 | | line mileage and number of landowners over whose property the |
11 | | proposed route traverses is one-fifth or less of the |
12 | | transmission line mileage and number of such landowners of the |
13 | | other county, then the utility may combine the 2 pre-filing |
14 | | meetings in the county with the greater transmission line |
15 | | mileage and affected landowners. All other requirements |
16 | | regarding pre-filing meetings shall apply in both counties. |
17 | | Notice of the public meeting, including a description of the |
18 | | Project, must be provided in writing to the clerk of each |
19 | | county where the Project is to be located. A representative of |
20 | | the Commission shall be invited to each pre-filing public |
21 | | meeting. |
22 | | (i) For applications filed after August 18, 2015 (the |
23 | | effective date of Public Act 99-399), the Commission shall, by |
24 | | certified mail, notify each owner of record of land, as |
25 | | identified in the records of the relevant county tax assessor, |
26 | | included in the right-of-way over which the utility seeks in |
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1 | | its application to construct a high-voltage electric line of |
2 | | the time and place scheduled for the initial hearing on the |
3 | | public utility's application. The utility shall reimburse the |
4 | | Commission for the cost of the postage and supplies incurred |
5 | | for mailing the notice. |
6 | | (j) Any new nuclear reactor built in the State after the |
7 | | effective date of this amendatory Act of the 103rd General |
8 | | Assembly must be an advanced nuclear reactor. As used in this |
9 | | subsection, "advanced nuclear reactor" has the meaning given |
10 | | to that term in 42 U.S.C. 16271. |
11 | | This subsection does not apply to the renewal or |
12 | | subsequent renewal of any license for an existing nuclear |
13 | | reactor that began operation prior to the effective date of |
14 | | this amendatory Act of the 103rd General Assembly. |
15 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; |
16 | | 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.) |
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.".
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