Full Text of SB0321 99th General Assembly
SB0321sam001 99TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/13/2016
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| 1 | | AMENDMENT TO SENATE BILL 321
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 321 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The River Edge Redevelopment Zone Act is | 5 | | amended by changing Section 10-10.1 as follows: | 6 | | (65 ILCS 115/10-10.1) | 7 | | (Section scheduled to be repealed on July 29, 2017) | 8 | | Sec. 10-10.1. Utility facilities. | 9 | | (a) It is in the public interest that costs for | 10 | | redevelopment in a River Edge Redevelopment Zone impacting a | 11 | | public utility, as defined by Section 3-105 of the Public | 12 | | Utilities Act, or a public utility's property, as described in | 13 | | subsection (b) of this Section, should not be allocated solely | 14 | | to the entity engaging in economic redevelopment because this | 15 | | economic redevelopment benefits the utility service territory | 16 | | as a whole and not just the particular area where the |
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| 1 | | redevelopment occurs. | 2 | | (b) A public utility that has facilities or land affected | 3 | | by the clean-up, remediation, and redevelopment of a River Edge | 4 | | Redevelopment Zone and that incurs costs related to the | 5 | | remediation or the removing or relocating of utility facilities | 6 | | in the River Edge Redevelopment Zone may recover these costs | 7 | | pursuant to subsections (c) and (d) of this Section. | 8 | | (c) The reasonable and prudent costs incurred by a public | 9 | | utility for facility removal or relocation described in | 10 | | subsection (b) of this Section shall be shared equally among | 11 | | the public utility, the municipality in which the facility is | 12 | | located, and any landowner that is located within 100 feet of | 13 | | the utility facility and that directly benefits from the | 14 | | removal or relocation of the utility facility or the | 15 | | redevelopment of the public utility's land. In no event shall | 16 | | the costs incurred by each municipality or landowner for a | 17 | | given project exceed an equal percentage of the total direct, | 18 | | indirect, and overhead project costs, or $3,667,000 each, | 19 | | whichever amount is less. The reasonable and prudent costs | 20 | | incurred by the public utility for facility removal or | 21 | | relocation that are not the responsibility of the municipality | 22 | | or landowner under this subsection (c) shall be recovered by | 23 | | the public utility from all retail customers located in the | 24 | | municipality or municipalities in which the removal or | 25 | | relocation occurs through an appropriate tariff mechanism, and | 26 | | the public utility may record and defer such costs as a |
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| 1 | | regulatory asset until they are so recovered. | 2 | | (d) The Illinois Commerce Commission shall allow a public | 3 | | utility described in subsection (b) to fully recover from all | 4 | | retail customers in its service territory all reasonable and | 5 | | prudent costs that it incurs in conducting environmental | 6 | | remediation in the River Edge Redevelopment Zone related to the | 7 | | removal or relocation of utility facilities in the River Edge | 8 | | Redevelopment Zone, including, but not limited to, | 9 | | transmission and distribution lines, transformers, and poles. | 10 | | These environmental remediation costs also include, but are not | 11 | | limited to, direct, indirect, and overhead costs calculated by | 12 | | the public utility for taxes or other charges, cost adjustments | 13 | | made after the project has begun, and any other environmental | 14 | | remediation-related charges. The public utility shall record | 15 | | and defer such costs as a regulatory asset to be included in | 16 | | the public utility's total rate base and amortized in the | 17 | | public utility's next filing for a general increase in rates | 18 | | over a reasonable period that is shorter than the life of the | 19 | | affected facility or facilities. Such regulatory assets shall | 20 | | be collected from all residential and commercial ratepayers | 21 | | system-wide, and not only from ratepayers in the municipality's | 22 | | corporate limits. In the event the River Edge Redevelopment | 23 | | Zone is decertified, the public utility shall be permitted to | 24 | | recover all reasonable and prudent costs incurred as of the | 25 | | date of the decertification, as well as all reasonable and | 26 | | prudent costs incurred subsequent to decertification that are |
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| 1 | | necessary to complete any projects commenced while the River | 2 | | Edge Redevelopment Zone was certified, consistent with this | 3 | | Section. | 4 | | (e) This Section is repealed on August 1, 2020 7 years | 5 | | after the effective date of this amendatory Act of the 96th | 6 | | General Assembly .
| 7 | | (Source: P.A. 96-1404, eff. 7-29-10.)".
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