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90_SB0703
65 ILCS 5/11-119.1-10 from Ch. 24, par. 11-119.1-10
Amends the Illinois Municipal Code. Provides that a
municipal power agency may exercise its powers, except the
power of eminent domain, without the consent and approval of
the Illinois Commerce Commission. Provides that the exercise
of the power of eminent domain shall be subject to the
consent and approval of the Illinois Commerce Commission in
the same manner and to the same extent as electric suppliers
under the Electric Supplier Act and public utilities under
the Public Utilities Act.
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-119.1-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-119.1-10 as follows:
7 (65 ILCS 5/11-119.1-10) (from Ch. 24, par. 11-119.1-10)
8 Sec. 11-119.1-10. Exercise of powers. A municipal power
9 agency may exercise any and all of the powers enumerated in
10 this Division, except the power of eminent domain, without
11 the consent and approval of the Illinois Commerce Commission.
12 The exercise of the power of eminent domain by a municipal
13 power agency shall be subject to the consent and approval of
14 the Illinois Commerce Commission in the same manner and to
15 the same extent as electric suppliers under the Electric
16 Supplier Act and public utilities under the Public Utilities
17 Act. Except as otherwise provided in this Division, a
18 municipal power agency may exercise any and all of the powers
19 enumerated in this Division subject to the consent and
20 approval of the Illinois Commerce Commission, in the same
21 manner and to the same extent as other public
22 utilities regulated by the Illinois Commerce Commission
23 under "An Act concerning public utilities", approved
24 June 29, 1921, as now or hereafter amended, and the
25 "Electric Supplier Act", as now or hereafter amended;
26 provided however, the contracts between a municipal
27 power agency and its wholesale customers, the rates to be
28 charged by a municipal power agency to its wholesale
29 customers, and the issuance of bonds by a municipal power
30 agency shall not require the consent and approval of the
31 Illinois Commerce Commission or any other regulatory
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1 agency of this State; and provided, further, nothing in
2 this Division shall prevent a municipal power agency
3 from selling the products and services of a municipal
4 power agency to the members of the municipal power
5 agency. In granting any certificate, permission, consent
6 or order permitting the construction of any project and
7 the acquisition of appurtenant land or rights therein, the
8 Illinois Commerce Commission shall evaluate and give due
9 consideration to the impact of such acquisition and
10 construction on farmlands in the State with the goal of
11 preserving such land to the fullest extent reasonably
12 possible.
13 (Source: P.A. 83-997.)