Illinois General Assembly - Full Text of SB0321
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Full Text of SB0321  99th General Assembly



SB0321 EnrolledLRB099 02941 JLK 22949 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The River Edge Redevelopment Zone Act is amended
5by changing Section 10-10.1 as follows:
6    (65 ILCS 115/10-10.1)
7    (Section scheduled to be repealed on July 29, 2017)
8    Sec. 10-10.1. Utility facilities.
9    (a) It is in the public interest that costs for
10redevelopment in a River Edge Redevelopment Zone impacting a
11public utility, as defined by Section 3-105 of the Public
12Utilities Act, or a public utility's property, as described in
13subsection (b) of this Section, should not be allocated solely
14to the entity engaging in economic redevelopment because this
15economic redevelopment benefits the utility service territory
16as a whole and not just the particular area where the
17redevelopment occurs.
18    (b) A public utility that has facilities or land affected
19by the clean-up, remediation, and redevelopment of a River Edge
20Redevelopment Zone and that incurs costs related to the
21remediation or the removing or relocating of utility facilities
22in the River Edge Redevelopment Zone may recover these costs
23pursuant to subsections (c) and (d) of this Section.



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1    (c) The reasonable and prudent costs incurred by a public
2utility for facility removal or relocation described in
3subsection (b) of this Section shall be shared equally among
4the public utility, the municipality in which the facility is
5located, and any landowner that is located within 100 feet of
6the utility facility and that directly benefits from the
7removal or relocation of the utility facility or the
8redevelopment of the public utility's land. In no event shall
9the costs incurred by each municipality or landowner for a
10given project exceed an equal percentage of the total direct,
11indirect, and overhead project costs, or $3,667,000 each,
12whichever amount is less. The reasonable and prudent costs
13incurred by the public utility for facility removal or
14relocation that are not the responsibility of the municipality
15or landowner under this subsection (c) shall be recovered by
16the public utility from all retail customers located in the
17municipality or municipalities in which the removal or
18relocation occurs through an appropriate tariff mechanism, and
19the public utility may record and defer such costs as a
20regulatory asset until they are so recovered.
21    (d) The Illinois Commerce Commission shall allow a public
22utility described in subsection (b) to fully recover from all
23retail customers in its service territory all reasonable and
24prudent costs that it incurs in conducting environmental
25remediation in the River Edge Redevelopment Zone related to the
26removal or relocation of utility facilities in the River Edge



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1Redevelopment Zone, including, but not limited to,
2transmission and distribution lines, transformers, and poles.
3These environmental remediation costs also include, but are not
4limited to, direct, indirect, and overhead costs calculated by
5the public utility for taxes or other charges, cost adjustments
6made after the project has begun, and any other environmental
7remediation-related charges. The public utility shall record
8and defer such costs as a regulatory asset to be included in
9the public utility's total rate base and amortized in the
10public utility's next filing for a general increase in rates
11over a reasonable period that is shorter than the life of the
12affected facility or facilities. Such regulatory assets shall
13be collected from all residential and commercial ratepayers
14system-wide, and not only from ratepayers in the municipality's
15corporate limits. In the event the River Edge Redevelopment
16Zone is decertified, the public utility shall be permitted to
17recover all reasonable and prudent costs incurred as of the
18date of the decertification, as well as all reasonable and
19prudent costs incurred subsequent to decertification that are
20necessary to complete any projects commenced while the River
21Edge Redevelopment Zone was certified, consistent with this
23    (e) This Section is repealed on August 1, 2020 7 years
24after the effective date of this amendatory Act of the 96th
25General Assembly.
26(Source: P.A. 96-1404, eff. 7-29-10.)