HB4382 EnrolledLRB102 21886 SPS 31007 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 2-202, 8-406, and 8-406.1 as follows:
 
6    (220 ILCS 5/2-202)  (from Ch. 111 2/3, par. 2-202)
7    Sec. 2-202. Policy; Public Utility Fund; tax.
8    (a) It is declared to be the public policy of this State
9that in order to maintain and foster the effective regulation
10of public utilities under this Act in the interests of the
11People of the State of Illinois and the public utilities as
12well, the public utilities subject to regulation under this
13Act and which enjoy the privilege of operating as public
14utilities in this State, shall bear the expense of
15administering this Act by means of a tax on such privilege
16measured by the annual gross revenue of such public utilities
17in the manner provided in this Section. For purposes of this
18Section, "expense of administering this Act" includes any
19costs incident to studies, whether made by the Commission or
20under contract entered into by the Commission, concerning
21environmental pollution problems caused or contributed to by
22public utilities and the means for eliminating or abating
23those problems. Such proceeds shall be deposited in the Public

 

 

HB4382 Enrolled- 2 -LRB102 21886 SPS 31007 b

1Utility Fund in the State treasury.
2    (b) All of the ordinary and contingent expenses of the
3Commission incident to the administration of this Act shall be
4paid out of the Public Utility Fund except the compensation of
5the members of the Commission which shall be paid from the
6General Revenue Fund. Notwithstanding other provisions of this
7Act to the contrary, the ordinary and contingent expenses of
8the Commission incident to the administration of the Illinois
9Commercial Transportation Law may be paid from appropriations
10from the Public Utility Fund through the end of fiscal year
111986.
12    (c) A tax is imposed upon each public utility subject to
13the provisions of this Act equal to .08% of its gross revenue
14for each calendar year commencing with the calendar year
15beginning January 1, 1982, except that the Commission may, by
16rule, establish a different rate no greater than 0.1%. For
17purposes of this Section, "gross revenue" shall not include
18revenue from the production, transmission, distribution, sale,
19delivery, or furnishing of electricity. "Gross revenue" shall
20not include amounts paid by telecommunications retailers under
21the Telecommunications Infrastructure Maintenance Fee Act.
22    (d) Annual gross revenue returns shall be filed in
23accordance with paragraph (1) or (2) of this subsection (d).
24        (1) Except as provided in paragraph (2) of this
25    subsection (d), on or before January 10 of each year each
26    public utility subject to the provisions of this Act shall

 

 

HB4382 Enrolled- 3 -LRB102 21886 SPS 31007 b

1    file with the Commission an estimated annual gross revenue
2    return containing an estimate of the amount of its gross
3    revenue for the calendar year commencing January 1 of said
4    year and a statement of the amount of tax due for said
5    calendar year on the basis of that estimate. Public
6    utilities may also file revised returns containing updated
7    estimates and updated amounts of tax due during the
8    calendar year. These revised returns, if filed, shall form
9    the basis for quarterly payments due during the remainder
10    of the calendar year. In addition, on or before March 31 of
11    each year, each public utility shall file an amended
12    return showing the actual amount of gross revenues shown
13    by the company's books and records as of December 31 of the
14    previous year. Forms and instructions for such estimated,
15    revised, and amended returns shall be devised and supplied
16    by the Commission.
17        (2) Beginning with returns due after January 1, 2002,
18    the requirements of paragraph (1) of this subsection (d)
19    shall not apply to any public utility in any calendar year
20    for which the total tax the public utility owes under this
21    Section is less than $10,000. For such public utilities
22    with respect to such years, the public utility shall file
23    with the Commission, on or before March 31 of the
24    following year, an annual gross revenue return for the
25    year and a statement of the amount of tax due for that year
26    on the basis of such a return. Forms and instructions for

 

 

HB4382 Enrolled- 4 -LRB102 21886 SPS 31007 b

1    such returns and corrected returns shall be devised and
2    supplied by the Commission.
3    (e) All returns submitted to the Commission by a public
4utility as provided in this subsection (e) or subsection (d)
5of this Section shall contain or be verified by a written
6declaration by an appropriate officer of the public utility
7that the return is made under the penalties of perjury. The
8Commission may audit each such return submitted and may, under
9the provisions of Section 5-101 of this Act, take such
10measures as are necessary to ascertain the correctness of the
11returns submitted. The Commission has the power to direct the
12filing of a corrected return by any utility which has filed an
13incorrect return and to direct the filing of a return by any
14utility which has failed to submit a return. A taxpayer's
15signing a fraudulent return under this Section is perjury, as
16defined in Section 32-2 of the Criminal Code of 2012.
17    (f) (1) For all public utilities subject to paragraph (1)
18of subsection (d), at least one quarter of the annual amount of
19tax due under subsection (c) shall be paid to the Commission on
20or before the tenth day of January, April, July, and October of
21the calendar year subject to tax. In the event that an
22adjustment in the amount of tax due should be necessary as a
23result of the filing of an amended or corrected return under
24subsection (d) or subsection (e) of this Section, the amount
25of any deficiency shall be paid by the public utility together
26with the amended or corrected return and the amount of any

 

 

HB4382 Enrolled- 5 -LRB102 21886 SPS 31007 b

1excess shall, after the filing of a claim for credit by the
2public utility, be returned to the public utility in the form
3of a credit memorandum in the amount of such excess or be
4refunded to the public utility in accordance with the
5provisions of subsection (k) of this Section. However, if such
6deficiency or excess is less than $1, then the public utility
7need not pay the deficiency and may not claim a credit.
8    (2) Any public utility subject to paragraph (2) of
9subsection (d) shall pay the amount of tax due under
10subsection (c) on or before March 31 next following the end of
11the calendar year subject to tax. In the event that an
12adjustment in the amount of tax due should be necessary as a
13result of the filing of a corrected return under subsection
14(e), the amount of any deficiency shall be paid by the public
15utility at the time the corrected return is filed. Any excess
16tax payment by the public utility shall be returned to it after
17the filing of a claim for credit, in the form of a credit
18memorandum in the amount of the excess. However, if such
19deficiency or excess is less than $1, the public utility need
20not pay the deficiency and may not claim a credit.
21    (g) Each installment or required payment of the tax
22imposed by subsection (c) becomes delinquent at midnight of
23the date that it is due. Failure to make a payment as required
24by this Section shall result in the imposition of a late
25payment penalty, an underestimation penalty, or both, as
26provided by this subsection. The late payment penalty shall be

 

 

HB4382 Enrolled- 6 -LRB102 21886 SPS 31007 b

1the greater of:
2        (1) $25 for each month or portion of a month that the
3    installment or required payment is unpaid or
4        (2) an amount equal to the difference between what
5    should have been paid on the due date, based upon the most
6    recently filed estimated, annual, or amended return, and
7    what was actually paid, times 1%, for each month or
8    portion of a month that the installment or required
9    payment goes unpaid. This penalty may be assessed as soon
10    as the installment or required payment becomes delinquent.
11    The underestimation penalty shall apply to those public
12utilities subject to paragraph (1) of subsection (d) and shall
13be calculated after the filing of the amended return. It shall
14be imposed if the amount actually paid on any of the dates
15specified in subsection (f) is not equal to at least
16one-fourth of the amount actually due for the year, and shall
17equal the greater of:
18        (1) $25 for each month or portion of a month that the
19    amount due is unpaid or
20        (2) an amount equal to the difference between what
21    should have been paid, based on the amended return, and
22    what was actually paid as of the date specified in
23    subsection (f), times a percentage equal to 1/12 of the
24    sum of 10% and the percentage most recently established by
25    the Commission for interest to be paid on customer
26    deposits under 83 Ill. Adm. Code 280.70(e)(1), for each

 

 

HB4382 Enrolled- 7 -LRB102 21886 SPS 31007 b

1    month or portion of a month that the amount due goes
2    unpaid, except that no underestimation penalty shall be
3    assessed if the amount actually paid on or before each of
4    the dates specified in subsection (f) was based on an
5    estimate of gross revenues at least equal to the actual
6    gross revenues for the previous year. The Commission may
7    enforce the collection of any delinquent installment or
8    payment, or portion thereof by legal action or in any
9    other manner by which the collection of debts due the
10    State of Illinois may be enforced under the laws of this
11    State. The executive director or his designee may excuse
12    the payment of an assessed penalty or a portion of an
13    assessed penalty if he determines that enforced collection
14    of the penalty as assessed would be unjust.
15    (h) All sums collected by the Commission under the
16provisions of this Section shall be paid promptly after the
17receipt of the same, accompanied by a detailed statement
18thereof, into the Public Utility Fund in the State treasury.
19    (i) During the month of October of each odd-numbered year
20the Commission shall:
21        (1) determine the amount of all moneys deposited in
22    the Public Utility Fund during the preceding fiscal
23    biennium plus the balance, if any, in that fund at the
24    beginning of that biennium;
25        (2) determine the sum total of the following items:
26    (A) all moneys expended or obligated against

 

 

HB4382 Enrolled- 8 -LRB102 21886 SPS 31007 b

1    appropriations made from the Public Utility Fund during
2    the preceding fiscal biennium, plus (B) the sum of the
3    credit memoranda then outstanding against the Public
4    Utility Fund, if any; and
5        (3) determine the amount, if any, by which the sum
6    determined as provided in item (1) exceeds the amount
7    determined as provided in item (2).
8    If the amount determined as provided in item (3) of this
9subsection exceeds 50% of the previous fiscal year's
10appropriation level, the Commission shall then compute the
11proportionate amount, if any, which (x) the tax paid hereunder
12by each utility during the preceding biennium, and (y) the
13amount paid into the Public Utility Fund during the preceding
14biennium by the Department of Revenue pursuant to Sections 2-9
15and 2-11 of the Electricity Excise Tax Law, bears to the
16difference between the amount determined as provided in item
17(3) of this subsection (i) and 50% of the previous fiscal
18year's appropriation level. The Commission shall cause the
19proportionate amount determined with respect to payments made
20under the Electricity Excise Tax Law to be transferred into
21the General Revenue Fund in the State Treasury, and notify
22each public utility that it may file during the 3 month period
23after the date of notification a claim for credit for the
24proportionate amount determined with respect to payments made
25hereunder by the public utility. If the proportionate amount
26is less than $10, no notification will be sent by the

 

 

HB4382 Enrolled- 9 -LRB102 21886 SPS 31007 b

1Commission, and no right to a claim exists as to that amount.
2Upon the filing of a claim for credit within the period
3provided, the Commission shall issue a credit memorandum in
4such amount to such public utility. Any claim for credit filed
5after the period provided for in this Section is void.
6    (i-5) During the month of June October of each year the
7Commission shall:
8        (1) determine the amount of all moneys expected to be
9    deposited in the Public Utility Fund during the next
10    current fiscal year, plus the balance, if any, in that
11    fund at the beginning of that year;
12        (2) determine the total of all moneys expected to be
13    expended or obligated against appropriations made from the
14    Public Utility Fund during the next current fiscal year;
15    and
16        (3) determine the amount, if any, by which the amount
17    determined in paragraph (2) exceeds the amount determined
18    as provided in paragraph (1).
19    If the amount determined as provided in paragraph (3) of
20this subsection (i-5) results in a deficit, the Commission may
21assess electric utilities and gas utilities for the difference
22between the amount appropriated for the ordinary and
23contingent expenses of the Commission and the amount derived
24under paragraph (1) of this subsection (i-5). Such proceeds
25shall be deposited in the Public Utility Fund in the State
26treasury. The Commission shall apportion that difference among

 

 

HB4382 Enrolled- 10 -LRB102 21886 SPS 31007 b

1those public utilities on the basis of each utility's share of
2the total intrastate gross revenues of the utilities subject
3to this subsection (i-5). Payments required under this
4subsection (i-5) shall be made in the time and manner directed
5by the Commission. The Commission shall permit utilities to
6recover Illinois Commerce Commission assessments effective
7pursuant to this subsection through an automatic adjustment
8mechanism that is incorporated into an existing tariff that
9recovers costs associated with this Section, or through a
10supplemental customer charge.
11    Within 6 months after the first time assessments are made
12under this subsection (i-5), the Commission shall initiate a
13docketed proceeding in which it shall consider, in addition to
14assessments from electric and gas utilities subject to this
15subsection, the raising of assessments from, or the payment of
16fees by, water and sewer utilities, entities possessing
17certificates of service authority as alternative retail
18electric suppliers under Section 16-115 of this Act, entities
19possessing certificates of service authority as alternative
20gas suppliers under Section 19-110 of this Act, and
21telecommunications carriers providing local exchange
22telecommunications service or interexchange
23telecommunications service under Sections 13-204 or 13-205 of
24this Act. The amounts so determined shall be based on the costs
25to the agency of the exercise of its regulatory and
26supervisory functions with regard to the different industries

 

 

HB4382 Enrolled- 11 -LRB102 21886 SPS 31007 b

1and service providers subject to the proceeding. No less often
2than every 3 years after the end of a proceeding under this
3subsection (i-5), the Commission shall initiate another
4proceeding for that purpose.
5    The Commission may use this apportionment method until the
6docketed proceeding in which the Commission considers the
7raising of assessments from other entities subject to its
8jurisdiction under this Act has concluded. No credit memoranda
9shall be issued pursuant to subsection (i) if the amount
10determined as provided in paragraph (3) of this subsection
11(i-5) results in a deficit.
12    (j) Credit memoranda issued pursuant to subsection (f) and
13credit memoranda issued after notification and filing pursuant
14to subsection (i) may be applied for the 2 year period from the
15date of issuance, against the payment of any amount due during
16that period under the tax imposed by subsection (c), or,
17subject to reasonable rule of the Commission including
18requirement of notification, may be assigned to any other
19public utility subject to regulation under this Act. Any
20application of credit memoranda after the period provided for
21in this Section is void.
22    (k) The chairman or executive director may make refund of
23fees, taxes or other charges whenever he shall determine that
24the person or public utility will not be liable for payment of
25such fees, taxes or charges during the next 24 months and he
26determines that the issuance of a credit memorandum would be

 

 

HB4382 Enrolled- 12 -LRB102 21886 SPS 31007 b

1unjust.
2(Source: P.A. 99-906, eff. 6-1-17.)
 
3    (220 ILCS 5/8-406)  (from Ch. 111 2/3, par. 8-406)
4    Sec. 8-406. Certificate of public convenience and
5necessity.
6    (a) No public utility not owning any city or village
7franchise nor engaged in performing any public service or in
8furnishing any product or commodity within this State as of
9July 1, 1921 and not possessing a certificate of public
10convenience and necessity from the Illinois Commerce
11Commission, the State Public Utilities Commission, or the
12Public Utilities Commission, at the time Public Act 84-617
13this amendatory Act of 1985 goes into effect (January 1,
141986), shall transact any business in this State until it
15shall have obtained a certificate from the Commission that
16public convenience and necessity require the transaction of
17such business. A certificate of public convenience and
18necessity requiring the transaction of public utility business
19in any area of this State shall include authorization to the
20public utility receiving the certificate of public convenience
21and necessity to construct such plant, equipment, property, or
22facility as is provided for under the terms and conditions of
23its tariff and as is necessary to provide utility service and
24carry out the transaction of public utility business by the
25public utility in the designated area.

 

 

HB4382 Enrolled- 13 -LRB102 21886 SPS 31007 b

1    (b) No public utility shall begin the construction of any
2new plant, equipment, property, or facility which is not in
3substitution of any existing plant, equipment, property, or
4facility, or any extension or alteration thereof or in
5addition thereto, unless and until it shall have obtained from
6the Commission a certificate that public convenience and
7necessity require such construction. Whenever after a hearing
8the Commission determines that any new construction or the
9transaction of any business by a public utility will promote
10the public convenience and is necessary thereto, it shall have
11the power to issue certificates of public convenience and
12necessity. The Commission shall determine that proposed
13construction will promote the public convenience and necessity
14only if the utility demonstrates: (1) that the proposed
15construction is necessary to provide adequate, reliable, and
16efficient service to its customers and is the least-cost means
17of satisfying the service needs of its customers or that the
18proposed construction will promote the development of an
19effectively competitive electricity market that operates
20efficiently, is equitable to all customers, and is the least
21cost means of satisfying those objectives; (2) that the
22utility is capable of efficiently managing and supervising the
23construction process and has taken sufficient action to ensure
24adequate and efficient construction and supervision thereof;
25and (3) that the utility is capable of financing the proposed
26construction without significant adverse financial

 

 

HB4382 Enrolled- 14 -LRB102 21886 SPS 31007 b

1consequences for the utility or its customers.
2    (b-5) As used in this subsection (b-5):
3    "Qualifying direct current applicant" means an entity that
4seeks to provide direct current bulk transmission service for
5the purpose of transporting electric energy in interstate
6commerce.
7    "Qualifying direct current project" means a high voltage
8direct current electric service line that crosses at least one
9Illinois border, the Illinois portion of which is physically
10located within the region of the Midcontinent Independent
11System Operator, Inc., or its successor organization, and runs
12through the counties of Pike, Scott, Greene, Macoupin,
13Montgomery, Christian, Shelby, Cumberland, and Clark, is
14capable of transmitting electricity at voltages of 345
15kilovolts 345kv or above, and may also include associated
16interconnected alternating current interconnection facilities
17in this State that are part of the proposed project and
18reasonably necessary to connect the project with other
19portions of the grid.
20    Notwithstanding any other provision of this Act, a
21qualifying direct current applicant that does not own,
22control, operate, or manage, within this State, any plant,
23equipment, or property used or to be used for the transmission
24of electricity at the time of its application or of the
25Commission's order may file an application on or before
26December 31, 2023 with the Commission pursuant to this Section

 

 

HB4382 Enrolled- 15 -LRB102 21886 SPS 31007 b

1or Section 8-406.1 for, and the Commission may grant, a
2certificate of public convenience and necessity to construct,
3operate, and maintain a qualifying direct current project. The
4qualifying direct current applicant may also include in the
5application requests for authority under Section 8-503. The
6Commission shall grant the application for a certificate of
7public convenience and necessity and requests for authority
8under Section 8-503 if it finds that the qualifying direct
9current applicant and the proposed qualifying direct current
10project satisfy the requirements of this subsection and
11otherwise satisfy the criteria of this Section or Section
128-406.1 and the criteria of Section 8-503, as applicable to
13the application and to the extent such criteria are not
14superseded by the provisions of this subsection. The
15Commission's order on the application for the certificate of
16public convenience and necessity shall also include the
17Commission's findings and determinations on the request or
18requests for authority pursuant to Section 8-503. Prior to
19filing its application under either this Section or Section
208-406.1, the qualifying direct current applicant shall conduct
213 public meetings in accordance with subsection (h) of this
22Section. If the qualifying direct current applicant
23demonstrates in its application that the proposed qualifying
24direct current project is designed to deliver electricity to a
25point or points on the electric transmission grid in either or
26both the PJM Interconnection, LLC or the Midcontinent

 

 

HB4382 Enrolled- 16 -LRB102 21886 SPS 31007 b

1Independent System Operator, Inc., or their respective
2successor organizations, the proposed qualifying direct
3current project shall be deemed to be, and the Commission
4shall find it to be, for public use. If the qualifying direct
5current applicant further demonstrates in its application that
6the proposed transmission project has a capacity of 1,000
7megawatts or larger and a voltage level of 345 kilovolts or
8greater, the proposed transmission project shall be deemed to
9satisfy, and the Commission shall find that it satisfies, the
10criteria stated in item (1) of subsection (b) of this Section
11or in paragraph (1) of subsection (f) of Section 8-406.1, as
12applicable to the application, without the taking of
13additional evidence on these criteria. Prior to the transfer
14of functional control of any transmission assets to a regional
15transmission organization, a qualifying direct current
16applicant shall request Commission approval to join a regional
17transmission organization in an application filed pursuant to
18this subsection (b-5) or separately pursuant to Section 7-102
19of this Act. The Commission may grant permission to a
20qualifying direct current applicant to join a regional
21transmission organization if it finds that the membership, and
22associated transfer of functional control of transmission
23assets, benefits Illinois customers in light of the attendant
24costs and is otherwise in the public interest. Nothing in this
25subsection (b-5) requires a qualifying direct current
26applicant to join a regional transmission organization.

 

 

HB4382 Enrolled- 17 -LRB102 21886 SPS 31007 b

1Nothing in this subsection (b-5) requires the owner or
2operator of a high voltage direct current transmission line
3that is not a qualifying direct current project to obtain a
4certificate of public convenience and necessity to the extent
5it is not otherwise required by this Section 8-406 or any other
6provision of this Act.
7    (c) After September 11, 1987 (the effective date of Public
8Act 85-377) this amendatory Act of 1987, no construction shall
9commence on any new nuclear power plant to be located within
10this State, and no certificate of public convenience and
11necessity or other authorization shall be issued therefor by
12the Commission, until the Director of the Illinois
13Environmental Protection Agency finds that the United States
14Government, through its authorized agency, has identified and
15approved a demonstrable technology or means for the disposal
16of high level nuclear waste, or until such construction has
17been specifically approved by a statute enacted by the General
18Assembly.
19    As used in this Section, "high level nuclear waste" means
20those aqueous wastes resulting from the operation of the first
21cycle of the solvent extraction system or equivalent and the
22concentrated wastes of the subsequent extraction cycles or
23equivalent in a facility for reprocessing irradiated reactor
24fuel and shall include spent fuel assemblies prior to fuel
25reprocessing.
26    (d) In making its determination under subsection (b) of

 

 

HB4382 Enrolled- 18 -LRB102 21886 SPS 31007 b

1this Section, the Commission shall attach primary weight to
2the cost or cost savings to the customers of the utility. The
3Commission may consider any or all factors which will or may
4affect such cost or cost savings, including the public
5utility's engineering judgment regarding the materials used
6for construction.
7    (e) The Commission may issue a temporary certificate which
8shall remain in force not to exceed one year in cases of
9emergency, to assure maintenance of adequate service or to
10serve particular customers, without notice or hearing, pending
11the determination of an application for a certificate, and may
12by regulation exempt from the requirements of this Section
13temporary acts or operations for which the issuance of a
14certificate will not be required in the public interest.
15    A public utility shall not be required to obtain but may
16apply for and obtain a certificate of public convenience and
17necessity pursuant to this Section with respect to any matter
18as to which it has received the authorization or order of the
19Commission under the Electric Supplier Act, and any such
20authorization or order granted a public utility by the
21Commission under that Act shall as between public utilities be
22deemed to be, and shall have except as provided in that Act the
23same force and effect as, a certificate of public convenience
24and necessity issued pursuant to this Section.
25    No electric cooperative shall be made or shall become a
26party to or shall be entitled to be heard or to otherwise

 

 

HB4382 Enrolled- 19 -LRB102 21886 SPS 31007 b

1appear or participate in any proceeding initiated under this
2Section for authorization of power plant construction and as
3to matters as to which a remedy is available under the Electric
4Supplier Act.
5    (f) Such certificates may be altered or modified by the
6Commission, upon its own motion or upon application by the
7person or corporation affected. Unless exercised within a
8period of 2 years from the grant thereof, authority conferred
9by a certificate of convenience and necessity issued by the
10Commission shall be null and void.
11    No certificate of public convenience and necessity shall
12be construed as granting a monopoly or an exclusive privilege,
13immunity or franchise.
14    (g) A public utility that undertakes any of the actions
15described in items (1) through (3) of this subsection (g) or
16that has obtained approval pursuant to Section 8-406.1 of this
17Act shall not be required to comply with the requirements of
18this Section to the extent such requirements otherwise would
19apply. For purposes of this Section and Section 8-406.1 of
20this Act, "high voltage electric service line" means an
21electric line having a design voltage of 100,000 or more. For
22purposes of this subsection (g), a public utility may do any of
23the following:
24        (1) replace or upgrade any existing high voltage
25    electric service line and related facilities,
26    notwithstanding its length;

 

 

HB4382 Enrolled- 20 -LRB102 21886 SPS 31007 b

1        (2) relocate any existing high voltage electric
2    service line and related facilities, notwithstanding its
3    length, to accommodate construction or expansion of a
4    roadway or other transportation infrastructure; or
5        (3) construct a high voltage electric service line and
6    related facilities that is constructed solely to serve a
7    single customer's premises or to provide a generator
8    interconnection to the public utility's transmission
9    system and that will pass under or over the premises owned
10    by the customer or generator to be served or under or over
11    premises for which the customer or generator has secured
12    the necessary right of way.
13    (h) A public utility seeking to construct a high-voltage
14electric service line and related facilities (Project) must
15show that the utility has held a minimum of 2 pre-filing public
16meetings to receive public comment concerning the Project in
17each county where the Project is to be located, no earlier than
186 months prior to filing an application for a certificate of
19public convenience and necessity from the Commission. Notice
20of the public meeting shall be published in a newspaper of
21general circulation within the affected county once a week for
223 consecutive weeks, beginning no earlier than one month prior
23to the first public meeting. If the Project traverses 2
24contiguous counties and where in one county the transmission
25line mileage and number of landowners over whose property the
26proposed route traverses is one-fifth or less of the

 

 

HB4382 Enrolled- 21 -LRB102 21886 SPS 31007 b

1transmission line mileage and number of such landowners of the
2other county, then the utility may combine the 2 pre-filing
3meetings in the county with the greater transmission line
4mileage and affected landowners. All other requirements
5regarding pre-filing meetings shall apply in both counties.
6Notice of the public meeting, including a description of the
7Project, must be provided in writing to the clerk of each
8county where the Project is to be located. A representative of
9the Commission shall be invited to each pre-filing public
10meeting.
11    (i) For applications filed after August 18, 2015 (the
12effective date of Public Act 99-399) this amendatory Act of
13the 99th General Assembly, the Commission shall, by certified
14mail, registered mail notify each owner of record of land, as
15identified in the records of the relevant county tax assessor,
16included in the right-of-way over which the utility seeks in
17its application to construct a high-voltage electric line of
18the time and place scheduled for the initial hearing on the
19public utility's application. The utility shall reimburse the
20Commission for the cost of the postage and supplies incurred
21for mailing the notice.
22(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
23revised 10-21-21.)
 
24    (220 ILCS 5/8-406.1)
25    Sec. 8-406.1. Certificate of public convenience and

 

 

HB4382 Enrolled- 22 -LRB102 21886 SPS 31007 b

1necessity; expedited procedure.
2    (a) A public utility may apply for a certificate of public
3convenience and necessity pursuant to this Section for the
4construction of any new high voltage electric service line and
5related facilities (Project). To facilitate the expedited
6review process of an application filed pursuant to this
7Section, an application shall include all of the following:
8        (1) Information in support of the application that
9    shall include the following:
10            (A) A detailed description of the Project,
11        including location maps and plot plans to scale
12        showing all major components.
13            (B) The following engineering data:
14                (i) a detailed Project description including:
15                    (I) name and destination of the Project;
16                    (II) design voltage rating (kV);
17                    (III) operating voltage rating (kV); and
18                    (IV) normal peak operating current rating;
19                (ii) a conductor, structures, and substations
20            description including:
21                    (I) conductor size and type;
22                    (II) type of structures;
23                    (III) height of typical structures;
24                    (IV) an explanation why these structures
25                were selected;
26                    (V) dimensional drawings of the typical

 

 

HB4382 Enrolled- 23 -LRB102 21886 SPS 31007 b

1                structures to be used in the Project; and
2                    (VI) a list of the names of all new (and
3                existing if applicable) substations or
4                switching stations that will be associated
5                with the proposed new high voltage electric
6                service line;
7                (iii) the location of the site and
8            right-of-way including:
9                    (I) miles of right-of-way;
10                    (II) miles of circuit;
11                    (III) width of the right-of-way; and
12                    (IV) a brief description of the area
13                traversed by the proposed high voltage
14                electric service line, including a description
15                of the general land uses in the area and the
16                type of terrain crossed by the proposed line;
17                (iv) assumptions, bases, formulae, and methods
18            used in the development and preparation of the
19            diagrams and accompanying data, and a technical
20            description providing the following information:
21                    (I) number of circuits, with
22                identification as to whether the circuit is
23                overhead or underground;
24                    (II) the operating voltage and frequency;
25                and
26                    (III) conductor size and type and number

 

 

HB4382 Enrolled- 24 -LRB102 21886 SPS 31007 b

1                of conductors per phase;
2                (v) if the proposed interconnection is an
3            overhead line, the following additional
4            information also must be provided:
5                    (I) the wind and ice loading design
6                parameters;
7                    (II) a full description and drawing of a
8                typical supporting structure, including
9                strength specifications;
10                    (III) structure spacing with typical
11                ruling and maximum spans;
12                    (IV) conductor (phase) spacing; and
13                    (V) the designed line-to-ground and
14                conductor-side clearances;
15                (vi) if an underground or underwater
16            interconnection is proposed, the following
17            additional information also must be provided:
18                    (I) burial depth;
19                    (II) type of cable and a description of
20                any required supporting equipment, such as
21                insulation medium pressurizing or forced
22                cooling;
23                    (III) cathodic protection scheme; and
24                    (IV) type of dielectric fluid and
25                safeguards used to limit potential spills in
26                waterways;

 

 

HB4382 Enrolled- 25 -LRB102 21886 SPS 31007 b

1                (vii) technical diagrams that provide
2            clarification of any item under this item (1)
3            should be included; and
4                (viii) applicant shall provide and identify a
5            primary right-of-way and one or more alternate
6            rights-of-way for the Project as part of the
7            filing. To the extent applicable, for each
8            right-of-way, an applicant shall provide the
9            information described in this subsection (a). Upon
10            a showing of good cause in its filing, an
11            applicant may be excused from providing and
12            identifying alternate rights-of-way.
13        (2) An application fee of $100,000, which shall be
14    paid into the Public Utility Fund at the time the Chief
15    Clerk of the Commission deems it complete and accepts the
16    filing.
17        (3) Information showing that the utility has held a
18    minimum of 3 pre-filing public meetings to receive public
19    comment concerning the Project in each county where the
20    Project is to be located, no earlier than 6 months prior to
21    the filing of the application. Notice of the public
22    meeting shall be published in a newspaper of general
23    circulation within the affected county once a week for 3
24    consecutive weeks, beginning no earlier than one month
25    prior to the first public meeting. If the Project
26    traverses 2 contiguous counties and where in one county

 

 

HB4382 Enrolled- 26 -LRB102 21886 SPS 31007 b

1    the transmission line mileage and number of landowners
2    over whose property the proposed route traverses is 1/5 or
3    less of the transmission line mileage and number of such
4    landowners of the other county, then the utility may
5    combine the 3 pre-filing meetings in the county with the
6    greater transmission line mileage and affected landowners.
7    All other requirements regarding pre-filing meetings shall
8    apply in both counties. Notice of the public meeting,
9    including a description of the Project, must be provided
10    in writing to the clerk of each county where the Project is
11    to be located. A representative of the Commission shall be
12    invited to each pre-filing public meeting.
13    For applications filed after the effective date of this
14amendatory Act of the 99th General Assembly, the Commission
15shall, by certified mail, registered mail notify each owner of
16record of the land, as identified in the records of the
17relevant county tax assessor, included in the primary or
18alternate rights-of-way identified in the utility's
19application of the time and place scheduled for the initial
20hearing upon the public utility's application. The utility
21shall reimburse the Commission for the cost of the postage and
22supplies incurred for mailing the notice.
23    (b) At the first status hearing the administrative law
24judge shall set a schedule for discovery that shall take into
25consideration the expedited nature of the proceeding.
26    (c) Nothing in this Section prohibits a utility from

 

 

HB4382 Enrolled- 27 -LRB102 21886 SPS 31007 b

1requesting, or the Commission from approving, protection of
2confidential or proprietary information under applicable law.
3The public utility may seek confidential protection of any of
4the information provided pursuant to this Section, subject to
5Commission approval.
6    (d) The public utility shall publish notice of its
7application in the official State newspaper within 10 days
8following the date of the application's filing.
9    (e) The public utility shall establish a dedicated website
10for the Project 3 weeks prior to the first public meeting and
11maintain the website until construction of the Project is
12complete. The website address shall be included in all public
13notices.
14    (f) The Commission shall, after notice and hearing, grant
15a certificate of public convenience and necessity filed in
16accordance with the requirements of this Section if, based
17upon the application filed with the Commission and the
18evidentiary record, it finds the Project will promote the
19public convenience and necessity and that all of the following
20criteria are satisfied:
21        (1) That the Project is necessary to provide adequate,
22    reliable, and efficient service to the public utility's
23    customers and is the least-cost means of satisfying the
24    service needs of the public utility's customers or that
25    the Project will promote the development of an effectively
26    competitive electricity market that operates efficiently,

 

 

HB4382 Enrolled- 28 -LRB102 21886 SPS 31007 b

1    is equitable to all customers, and is the least cost means
2    of satisfying those objectives.
3        (2) That the public utility is capable of efficiently
4    managing and supervising the construction process and has
5    taken sufficient action to ensure adequate and efficient
6    construction and supervision of the construction.
7        (3) That the public utility is capable of financing
8    the proposed construction without significant adverse
9    financial consequences for the utility or its customers.
10    (g) The Commission shall issue its decision with findings
11of fact and conclusions of law granting or denying the
12application no later than 150 days after the application is
13filed. The Commission may extend the 150-day deadline upon
14notice by an additional 75 days if, on or before the 30th day
15after the filing of the application, the Commission finds that
16good cause exists to extend the 150-day period.
17    (h) In the event the Commission grants a public utility's
18application for a certificate pursuant to this Section, the
19public utility shall pay a one-time construction fee to each
20county in which the Project is constructed within 30 days
21after the completion of construction. The construction fee
22shall be $20,000 per mile of high voltage electric service
23line constructed in that county, or a proportionate fraction
24of that fee. The fee shall be in lieu of any permitting fees
25that otherwise would be imposed by a county. Counties
26receiving a payment under this subsection (h) may distribute

 

 

HB4382 Enrolled- 29 -LRB102 21886 SPS 31007 b

1all or portions of the fee to local taxing districts in that
2county.
3    (i) Notwithstanding any other provisions of this Act, a
4decision granting a certificate under this Section shall
5include an order pursuant to Section 8-503 of this Act
6authorizing or directing the construction of the high voltage
7electric service line and related facilities as approved by
8the Commission, in the manner and within the time specified in
9said order.
10(Source: P.A. 99-399, eff. 8-18-15.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.