Public Act 93-0293
SB1409 Enrolled LRB093 07751 BDD 07939 b
AN ACT concerning municipalities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-21.5-5 as follows:
(65 ILCS 5/11-21.5-5)
Sec. 11-21.5-5. Local emergency energy plans.
(a) Any municipality, including a home rule
municipality, may, by ordinance, require any electric utility
(i) that serves more than 1,000,000 customers in Illinois and
(ii) that is operating within the corporate limits of the
municipality to adopt and to provide the municipality with a
local emergency energy plan. For the purposes of this
Section, (i) "local emergency energy plan" or "plan" means a
planned course of action developed by the electric utility
that is implemented when the demand for electricity exceeds,
or is at significant risk of exceeding, the supply of
electricity available to the electric utility and (ii) "local
emergency energy plan ordinance" means an ordinance adopted
by the corporate authorities of the municipality under this
Section that requires local emergency energy plans.
(b) A local emergency energy plan must include the
following information:
(1) the circumstances that would require the
implementation of the plan;
(2) the levels or stages of the plan;
(3) the approximate geographic limits of each
outage area provided for in the plan;
(4) the approximate number of customers within each
outage area provided for in the plan;
(5) any police facilities, fire stations,
hospitals, nursing homes, schools, day care centers,
senior citizens centers, community health centers, blood
banks, dialysis centers, community mental health centers,
correctional facilities, stormwater and wastewater
treatment or pumping facilities, water-pumping stations,
buildings in excess of 80 feet in height that have been
identified by the municipality, and persons on life
support systems that are known to the electric utility
that could be affected by controlled rotating
interruptions of electric service under the plan; and
(6) the anticipated sequence and duration of
intentional interruptions of electric service to each
outage area under the plan.
(c) A local emergency energy plan ordinance may require
that, when an electric utility determines it is necessary to
implement a controlled rotating interruption of electric
service because the demand for electricity exceeds, or is at
significant risk of exceeding, the supply of electricity
available to the electric utility, the electric utility
notify a designated municipal officer that the electric
utility will be implementing its local emergency energy plan.
The notification shall be made pursuant to a procedure
approved by the municipality after consultation with the
electric utility.
(d) After providing the notice required in subsection
(c), an electric utility shall reasonably and separately
advise designated municipal officials before it implements
each level or stage of the plan, which shall include (i) a
request for emergency help from neighboring utilities, (ii) a
declaration of a control area emergency, and (iii) a public
appeal for voluntary curtailment of electricity use.
(e) The electric utility must give a separate notice to
a designated municipal official immediately after it
determines that there will be a controlled rotating
interruption of electric service under the local emergency
energy plan. The notification must include (i) the areas in
which service will be interrupted, (ii) the sequence and
estimated duration of the service outage for each area, (iii)
the affected feeders, and (iv) the number of affected
customers in each area. Whenever practical, the notification
shall be made at least 2 hours before the time of the
outages. If the electric utility is aware that controlled
rotating interruptions may be required, the notification may
not be made less than 30 minutes before the outages.
(f) A local emergency energy plan ordinance may provide
civil penalties for violations of its provisions. The
penalties must be permitted under the Illinois Municipal
Code.
(g) The notifications required by this Section are in
addition to the notification requirements of any applicable
franchise agreement or ordinance and to the notification
requirements of any applicable federal or State law, rule,
and regulation.
(h) Except for any penalties or remedies that may be
provided in a local emergency energy plan ordinance, in this
Act, or in rules adopted by the Illinois Commerce Commission,
nothing in this Section shall be construed to impose
liability for or prevent a utility from taking any actions
that are necessary at any time, in any order, and with or
without notice that are required to preserve the integrity of
the electric utility's electrical system and interconnected
network.
(i) Nothing in this Section, a local emergency energy
plan ordinance, or a local emergency energy plan creates any
duty of a municipality to any person or entity. No
municipality may be subject to any claim or cause of action
arising, directly or indirectly, from its decision to adopt
or to refrain from adopting a local emergency energy plan
ordinance. No municipality may be subject to any claim or
cause of action arising, directly or indirectly, from any act
or omission under the terms of or information provided in a
local emergency energy plan filed under a local emergency
energy plan ordinance.
(Source: P.A. 91-137, eff. 7-16-99; 92-651, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.