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| [ Senate Amendment 001 ] |
90_SB0703eng
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. During the consideration of any petition for
17 authority to exercise the power of eminent domain the
18 Illinois Commerce Commission shall evaluate and give due
19 consideration to the impact of the acquisition on farmlands
20 in the State with the goal of preserving the land to the
21 fullest extent reasonably possible. Except as otherwise
22 provided in this Division, a municipal power agency may
23 exercise any and all of the powers enumerated in this
24 Division subject to the consent and approval of the Illinois
25 Commerce Commission, in the same manner and to the
26 same extent as other public utilities regulated by the
27 Illinois Commerce Commission under "An Act concerning
28 public utilities", approved June 29, 1921, as now or
29 hereafter amended, and the "Electric Supplier Act", as
30 now or hereafter amended; provided however, the
31 contracts between a municipal power agency and its
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1 wholesale customers, the rates to be charged by a municipal
2 power agency to its wholesale customers, and the
3 issuance of bonds by a municipal power agency shall not
4 require the consent and approval of the Illinois
5 Commerce Commission or any other regulatory agency of
6 this State; and provided, further, nothing in this
7 Division shall prevent a municipal power agency from
8 selling the products and services of a municipal power
9 agency to the members of the municipal power agency. In
10 granting any certificate, permission, consent or order
11 permitting the construction of any project and the
12 acquisition of appurtenant land or rights therein, the
13 Illinois Commerce Commission shall evaluate and give due
14 consideration to the impact of such acquisition and
15 construction on farmlands in the State with the goal of
16 preserving such land to the fullest extent reasonably
17 possible.
18 (Source: P.A. 83-997.)