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[ Senate Amendment 001 ] |
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. LRB9003162MWpc SB703 Enrolled LRB9003162MWpc 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 otherwise24provided in this Division, a municipal power agency may25exercise any and all of the powers enumerated in this26Division subject to the consent and approval of the Illinois27Commerce Commission, in the same manner and to the28same extent as other public utilities regulated by the29Illinois Commerce Commission under "An Act concerning30public utilities", approved June 29, 1921, as now or31hereafter amended, and the "Electric Supplier Act", asSB703 Enrolled -2- LRB9003162MWpc 1now or hereafter amended; provided however, the2contracts between a municipal power agency and its3wholesale customers, the rates to be charged by a municipal4power agency to its wholesale customers, and the5issuance of bonds by a municipal power agency shall not6require the consent and approval of the Illinois7Commerce Commission or any other regulatory agency of8this State; and provided, further, nothing in this9Division shall prevent a municipal power agency from10selling the products and services of a municipal power11agency to the members of the municipal power agency. In12granting any certificate, permission, consent or order13permitting the construction of any project and the14acquisition of appurtenant land or rights therein, the15Illinois Commerce Commission shall evaluate and give due16consideration to the impact of such acquisition and17construction on farmlands in the State with the goal of18preserving such land to the fullest extent reasonably19possible.20 (Source: P.A. 83-997.)