Full Text of SB0076 103rd General Assembly
SB0076sam001 103RD GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 2/28/2023
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| 1 | | AMENDMENT TO SENATE BILL 76
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 76 by replacing | 3 | | everything after the enacting clause with the following:
| 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
| 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
| 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
| 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
| 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
| 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
| 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 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | 7 | | 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.) | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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