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90_SB0703enr
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 public utilities under the Public
16 Utilities Act, including the issuance of a certificate of
17 public convenience and necessity as provided for in Section
18 8-406 of that Act. During the consideration of any petition
19 for authority to exercise the power of eminent domain the
20 Illinois Commerce Commission shall evaluate and give due
21 consideration to the impact of the acquisition on farmlands
22 in the State with the goal of preserving the land to the
23 fullest extent reasonably possible. Except as otherwise
24 provided in this Division, a municipal power agency may
25 exercise any and all of the powers enumerated in this
26 Division subject to the consent and approval of the Illinois
27 Commerce Commission, in the same manner and to the
28 same extent as other public utilities regulated by the
29 Illinois Commerce Commission under "An Act concerning
30 public utilities", approved June 29, 1921, as now or
31 hereafter amended, and the "Electric Supplier Act", as
SB703 Enrolled -2- LRB9003162MWpc
1 now or hereafter amended; provided however, the
2 contracts between a municipal power agency and its
3 wholesale customers, the rates to be charged by a municipal
4 power agency to its wholesale customers, and the
5 issuance of bonds by a municipal power agency shall not
6 require the consent and approval of the Illinois
7 Commerce Commission or any other regulatory agency of
8 this State; and provided, further, nothing in this
9 Division shall prevent a municipal power agency from
10 selling the products and services of a municipal power
11 agency to the members of the municipal power agency. In
12 granting any certificate, permission, consent or order
13 permitting the construction of any project and the
14 acquisition of appurtenant land or rights therein, the
15 Illinois Commerce Commission shall evaluate and give due
16 consideration to the impact of such acquisition and
17 construction on farmlands in the State with the goal of
18 preserving such land to the fullest extent reasonably
19 possible.
20 (Source: P.A. 83-997.)