|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Illinois Power Agency Act is amended by | ||||||||||||||||||||||||||
5 | changing Section 1-20 as follows: | ||||||||||||||||||||||||||
6 | (20 ILCS 3855/1-20)
| ||||||||||||||||||||||||||
7 | Sec. 1-20. General powers of the Agency. | ||||||||||||||||||||||||||
8 | (a) The Agency is authorized to do each of the following: | ||||||||||||||||||||||||||
9 | (1) Develop electricity procurement plans to ensure | ||||||||||||||||||||||||||
10 | adequate, reliable, affordable, efficient, and | ||||||||||||||||||||||||||
11 | environmentally sustainable electric service at the lowest | ||||||||||||||||||||||||||
12 | total cost over time, taking into account any benefits of | ||||||||||||||||||||||||||
13 | price stability, for electric utilities that on December | ||||||||||||||||||||||||||
14 | 31, 2005 provided electric service to at least 100,000 | ||||||||||||||||||||||||||
15 | customers in Illinois. The procurement plans shall be | ||||||||||||||||||||||||||
16 | updated on an annual basis and shall include electricity | ||||||||||||||||||||||||||
17 | generated from renewable resources sufficient to achieve | ||||||||||||||||||||||||||
18 | the standards specified in this Act. | ||||||||||||||||||||||||||
19 | (2) Conduct competitive procurement processes to | ||||||||||||||||||||||||||
20 | procure the supply resources identified in the procurement | ||||||||||||||||||||||||||
21 | plan, pursuant to Section 16-111.5 of the Public Utilities | ||||||||||||||||||||||||||
22 | Act. | ||||||||||||||||||||||||||
23 | (3) Develop electric generation and co-generation |
| |||||||
| |||||||
1 | facilities that use indigenous coal or renewable | ||||||
2 | resources, or both, financed with bonds issued by the | ||||||
3 | Illinois Finance Authority. | ||||||
4 | (4) Supply electricity from the Agency's facilities at | ||||||
5 | cost to one or more of the following: municipal electric | ||||||
6 | systems, governmental aggregators, or rural electric | ||||||
7 | cooperatives in Illinois. | ||||||
8 | (b) Except as otherwise limited by this Act, the Agency has | ||||||
9 | all of the powers necessary or convenient to carry out the | ||||||
10 | purposes and provisions of this Act, including without | ||||||
11 | limitation, each of the following: | ||||||
12 | (1) To have a corporate seal, and to alter that seal at | ||||||
13 | pleasure, and to use it by causing it or a facsimile to be | ||||||
14 | affixed or impressed or reproduced in any other manner. | ||||||
15 | (2) To use the services of the Illinois Finance | ||||||
16 | Authority necessary to carry out the Agency's purposes. | ||||||
17 | (3) To negotiate and enter into loan agreements and | ||||||
18 | other agreements with the Illinois Finance Authority. | ||||||
19 | (4) To obtain and employ personnel and hire consultants | ||||||
20 | that are necessary to fulfill the Agency's purposes, and to | ||||||
21 | make expenditures for that purpose within the | ||||||
22 | appropriations for that purpose. | ||||||
23 | (5) To purchase, receive, take by grant, gift, devise, | ||||||
24 | bequest, or otherwise, lease, or otherwise acquire, own, | ||||||
25 | hold, improve, employ, use, and otherwise deal in and with, | ||||||
26 | real or personal property whether tangible or intangible, |
| |||||||
| |||||||
1 | or any interest therein, within the State. | ||||||
2 | (6) To acquire real or personal property, whether | ||||||
3 | tangible or intangible, including without limitation | ||||||
4 | property rights, interests in property, franchises, | ||||||
5 | obligations, contracts, and debt and equity securities, | ||||||
6 | and to do so by the exercise of the power of eminent domain | ||||||
7 | in accordance with Section 1-21; except that any real | ||||||
8 | property acquired by the exercise of the power of eminent | ||||||
9 | domain must be located within the State. | ||||||
10 | (7) To sell, convey, lease, exchange, transfer, | ||||||
11 | abandon, or otherwise dispose of, or mortgage, pledge, or | ||||||
12 | create a security interest in, any of its assets, | ||||||
13 | properties, or any interest therein, wherever situated. | ||||||
14 | (8) To purchase, take, receive, subscribe for, or | ||||||
15 | otherwise acquire, hold, make a tender offer for, vote, | ||||||
16 | employ, sell, lend, lease, exchange, transfer, or | ||||||
17 | otherwise dispose of, mortgage, pledge, or grant a security | ||||||
18 | interest in, use, and otherwise deal in and with, bonds and | ||||||
19 | other obligations, shares, or other securities (or | ||||||
20 | interests therein) issued by others, whether engaged in a | ||||||
21 | similar or different business or activity. | ||||||
22 | (9) To make and execute agreements, contracts, and | ||||||
23 | other instruments necessary or convenient in the exercise | ||||||
24 | of the powers and functions of the Agency under this Act, | ||||||
25 | including contracts with any person, local government, | ||||||
26 | State agency, or other entity; and all State agencies and |
| |||||||
| |||||||
1 | all local governments are authorized to enter into and do | ||||||
2 | all things necessary to perform any such agreement, | ||||||
3 | contract, or other instrument with the Agency. No such | ||||||
4 | agreement, contract, or other instrument shall exceed 40 | ||||||
5 | years. | ||||||
6 | (10) To lend money, invest and reinvest its funds in | ||||||
7 | accordance with the Public Funds Investment Act, and take | ||||||
8 | and hold real and personal property as security for the | ||||||
9 | payment of funds loaned or invested. | ||||||
10 | (11) To borrow money at such rate or rates of interest | ||||||
11 | as the Agency may determine, issue its notes, bonds, or | ||||||
12 | other obligations to evidence that indebtedness, and | ||||||
13 | secure any of its obligations by mortgage or pledge of its | ||||||
14 | real or personal property, machinery, equipment, | ||||||
15 | structures, fixtures, inventories, revenues, grants, and | ||||||
16 | other funds as provided or any interest therein, wherever | ||||||
17 | situated. | ||||||
18 | (12) To enter into agreements with the Illinois Finance | ||||||
19 | Authority to issue bonds whether or not the income | ||||||
20 | therefrom is exempt from federal taxation. | ||||||
21 | (13) To procure insurance against any loss in | ||||||
22 | connection with its properties or operations in such amount | ||||||
23 | or amounts and from such insurers, including the federal | ||||||
24 | government, as it may deem necessary or desirable, and to | ||||||
25 | pay any premiums therefor. | ||||||
26 | (14) To negotiate and enter into agreements with |
| |||||||
| |||||||
1 | trustees or receivers appointed by United States | ||||||
2 | bankruptcy courts or federal district courts or in other | ||||||
3 | proceedings involving adjustment of debts and authorize | ||||||
4 | proceedings involving adjustment of debts and authorize | ||||||
5 | legal counsel for the Agency to appear in any such | ||||||
6 | proceedings. | ||||||
7 | (15) To file a petition under Chapter 9 of Title 11 of | ||||||
8 | the United States Bankruptcy Code or take other similar | ||||||
9 | action for the adjustment of its debts. | ||||||
10 | (16) To enter into management agreements for the | ||||||
11 | operation of any of the property or facilities owned by the | ||||||
12 | Agency. | ||||||
13 | (17) To enter into an agreement to transfer and to | ||||||
14 | transfer any land, facilities, fixtures, or equipment of | ||||||
15 | the Agency to one or more municipal electric systems, | ||||||
16 | governmental aggregators, or rural electric agencies or | ||||||
17 | cooperatives, for such consideration and upon such terms as | ||||||
18 | the Agency may determine to be in the best interest of the | ||||||
19 | citizens of Illinois. | ||||||
20 | (18) To enter upon any lands and within any building | ||||||
21 | whenever in its judgment it may be necessary for the | ||||||
22 | purpose of making surveys and examinations to accomplish | ||||||
23 | any purpose authorized by this Act. | ||||||
24 | (19) To maintain an office or offices at such place or | ||||||
25 | places in the State as it may determine. | ||||||
26 | (20) To request information, and to make any inquiry, |
| |||||||
| |||||||
1 | investigation, survey, or study that the Agency may deem | ||||||
2 | necessary to enable it effectively to carry out the | ||||||
3 | provisions of this Act. | ||||||
4 | (21) To accept and expend appropriations. | ||||||
5 | (22) To engage in any activity or operation that is | ||||||
6 | incidental to and in furtherance of efficient operation to | ||||||
7 | accomplish the Agency's purposes. | ||||||
8 | (23) To adopt, revise, amend, and repeal rules with | ||||||
9 | respect to its operations, properties, and facilities as | ||||||
10 | may be necessary or convenient to carry out the purposes of | ||||||
11 | this Act, subject to the provisions of the Illinois | ||||||
12 | Administrative Procedure Act and Sections 1-22 and 1-35 of | ||||||
13 | this Act. | ||||||
14 | (24) To establish and collect charges and fees as | ||||||
15 | described in this Act. | ||||||
16 | (25) The Illinois Power Agency has the powers and | ||||||
17 | duties transferred to that Agency under Section 2-101 of | ||||||
18 | the Public Utilities Act.
| ||||||
19 | (Source: P.A. 95-481, eff. 8-28-07.) | ||||||
20 | Section 10. The Public Utilities Act is amended by changing | ||||||
21 | Section 2-101 as follows:
| ||||||
22 | (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
| ||||||
23 | Sec. 2-101. Commerce Commission created. There is created | ||||||
24 | an Illinois
Commerce Commission consisting of 5 members not |
| |||||||
| |||||||
1 | more than 3 of whom shall be
members of the same political
| ||||||
2 | party at the time of appointment. The Governor shall appoint | ||||||
3 | the members
of such Commission by and with the advice and | ||||||
4 | consent of the Senate. In
case of a vacancy in such office | ||||||
5 | during the recess of the Senate the Governor
shall make a | ||||||
6 | temporary appointment until the next meeting of the Senate,
| ||||||
7 | when he shall nominate some person to fill such office; and any
| ||||||
8 | person so nominated who is confirmed by the Senate, shall hold | ||||||
9 | his office
during the remainder of the term and until his | ||||||
10 | successor shall be appointed
and qualified. Each member of the | ||||||
11 | Commission shall hold office for a term
of 5 years from the | ||||||
12 | third Monday in January of the year in which his
predecessor's | ||||||
13 | term expires.
| ||||||
14 | Notwithstanding any provision of this Section to the | ||||||
15 | contrary, the term of
office of each member of the Commission | ||||||
16 | is terminated on the effective date of
this amendatory Act of | ||||||
17 | 1995, but the incumbent members
shall continue to exercise all | ||||||
18 | of the powers and be subject to all of the
duties of members of | ||||||
19 | the Commission until their respective successors are
appointed | ||||||
20 | and qualified. Of the members initially appointed under the
| ||||||
21 | provisions of this amendatory Act of 1995, one member shall be | ||||||
22 | appointed for a
term of office which shall expire on the third | ||||||
23 | Monday of January, 1997; 2
members shall be appointed for terms | ||||||
24 | of office which shall expire on the third
Monday of January, | ||||||
25 | 1998; one member shall be appointed for a term of office
which | ||||||
26 | shall expire on the third Monday of January, 1999; and one |
| |||||||
| |||||||
1 | member shall
be appointed for a term of office which shall | ||||||
2 | expire on the third Monday of
January, 2000. Each respective | ||||||
3 | successor shall be appointed for a term of
5 years from the | ||||||
4 | third Monday of January of the year in which his
predecessor's | ||||||
5 | term expires in accordance with the provisions of the first
| ||||||
6 | paragraph of this Section.
| ||||||
7 | Each member shall serve until his successor is appointed | ||||||
8 | and qualified,
except that if the Senate refuses to consent to | ||||||
9 | the appointment of any
member, such office shall be deemed | ||||||
10 | vacant, and within 2 weeks of the date
the Senate refuses to | ||||||
11 | consent to the reappointment of any member, such
member shall | ||||||
12 | vacate such office. The Governor shall from time to time
| ||||||
13 | designate the member of the Commission who shall be its | ||||||
14 | chairman.
Consistent with the provisions of this Act, the | ||||||
15 | Chairman shall be the chief
executive officer of the Commission | ||||||
16 | for the purpose of ensuring that the
Commission's policies are | ||||||
17 | properly executed.
| ||||||
18 | If there is no vacancy on the Commission, 4 members of the | ||||||
19 | Commission shall
constitute a quorum to transact business; | ||||||
20 | otherwise, a majority of the
Commission shall constitute a | ||||||
21 | quorum to transact business,
and no vacancy shall impair the | ||||||
22 | right of the remaining
commissioners to
exercise all of the | ||||||
23 | powers of the Commission. Every finding,
order, or
decision | ||||||
24 | approved by a majority of the members of the Commission shall | ||||||
25 | be
deemed to be the finding, order, or decision of the | ||||||
26 | Commission. |
| |||||||
| |||||||
1 | On the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly, all powers and duties of the Illinois | ||||||
3 | Commerce Commission under this Act shall be transferred to the | ||||||
4 | Illinois Power Agency, and references in other Sections of this | ||||||
5 | Act to the Illinois Commerce Commission shall be deemed to | ||||||
6 | refer to the Illinois Power Agency. All rules, standards, and | ||||||
7 | procedures adopted by the Illinois Commerce Commission under | ||||||
8 | this Act shall continue in effect as the rules, standards, and | ||||||
9 | procedures of the Illinois Power Agency, until they are | ||||||
10 | modified or abolished by the Illinois Power Agency.
| ||||||
11 | (Source: P.A. 92-22, eff. 6-30-01.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|