HB0818ham001 95TH GENERAL ASSEMBLY

Consumer Protection Committee

Filed: 2/28/2007

09500HB0818ham001 LRB095 08558 MJR 31880 a

AMENDMENT TO HOUSE BILL 818

AMENDMENT NO. ______. Amend House Bill 818 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Section 4-605 as follows:

(220 ILCS 5/4-605 new)

Sec. 4-605. Prohibition against the installation, operation, and maintenance of electric distribution facilities and equipment.

(a) The General Assembly finds that the installation, maintenance, and operation of electric distribution facilities and equipment has traditionally been performed by electric utility employees and personnel of electric utility contractors who have the requisite skills, training, and experience to properly and safely install, maintain, and operate these facilities and equipment. The General Assembly further finds that it is unjust and unreasonable and a public safety and system reliability hazard for retail customers or persons or entities on their behalf to install, maintain or operate electric distribution facilities or equipment.

(b) For purposes of this Section:

"Retail customer" and "electric utility" have the same meanings as those terms are defined in Section 16-102 of the Public Utilities Act.

"Electric distribution facilities and equipment" means all of the facilities and equipment, including, but not limited to, substations, distribution feeder circuits, switches, protective equipment, primary circuits, distribution transformers, line extensions and service extensions both above or below ground, conduit, risers, elbows, transformer pads, junction boxes, manholes, pedestals, conductors, and all associated fittings that connect the transmission system to either the weatherhead on the retail customer's building or other structure for above ground service or to the terminals on the meter base of the retail customer's building or other structure for below ground service.

(c) Notwithstanding any law, tariff, Commission rule, order, or decision to the contrary, no electric utility shall allow a retail customer or any person, corporation, or agent on behalf of such customer to install, operate, or maintain any electric distribution facility or equipment. The installation, operation, and maintenance of any electric distribution facility or equipment shall be the obligation of the electric utility that provides delivery services to the retail customer.

(d) Subsection (c) of this Section shall not apply to a retail customer of a municipal system or electric cooperative as the terms "municipal system" and "electric cooperative" are respectively defined in Sections 3-119 and 16-102 of the Public Utilities Act.

(e) The employees of an electric utility, including the collective bargaining representative or representatives of such employees, that are obligated to install, operate, or maintain electric distribution facilities and equipment shall have an independent statutory cause of action under State law to file a complaint against an electric utility, retail customer or person, corporation, or agent acting on behalf of a retail customer in circuit court for alleged violations of subsection (c) of this Section.

The employees of an electric utility, including the collective bargaining representative or representatives of such employees, may file a complaint in the circuit court of Cook, Sangamon, or Madison County or the circuit court of any county in which the alleged violation of subsection (c) of this Section has or is about to occur in order to have the alleged violation stopped or prevented either by mandamus or injunction. The circuit court shall specify a time, not exceeding 21 days after the service of the copy of the complaint for mandamus or injunction for the filing of an answer, and in the meantime the named defendant or defendants shall be restrained from continuing an alleged violation pending a hearing before the court. In the event of default, or after answer, the circuit court shall immediately inquire into the facts and circumstances of the case and enter an appropriate order with respect to the matters in the complaint. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgments of the circuit court in other actions for mandamus or injunction.

Nothing in this subsection (e) shall limited the rights of employees of an electric utility, including the collective bargaining representative or representatives of such employees, that is obligated to install, operate, or maintain electric distribution facilities and equipment to file a complaint against the electric utility, retail customer or person, corporation, or agent acting on behalf of a retail customer with the Commission for alleged violations of subsection (c) of this Section.

(f) In any case in which an employee of an electric utility, including the collective bargaining representative or representatives of such employees, demonstrates that an electric utility, retail customer or a person, corporation, or agent acting on behalf of a retail customer has violated or is about to violate subsection (c) of this Section, the circuit court shall permanently restrain the defendant or defendants from continuing the alleged violation and award the party bringing the action the reasonable expenses of the litigation, including all reasonable attorney's fees. The circuit court shall impose a civil penalty of not less than $2,000 and not greater than $30,000 for each violation. Each violation of subsection (c) of this Section shall be considered a separate and distinct violation. In the event of a continuing violation, each day's continuance thereof shall be a separate and distinct offense, provided, however, that the cumulative penalty for any continuing violation shall not exceed $500,000, and that these limits shall not apply where the violation was intentional and either (i) created substantial risk to the safety of the utility's employees or customers or the public; or (ii) was intended to cause economic benefits to accrue to the violator. No penalties shall accrue under this subsection (f) until 15 days after the mailing of a notice to such party or parties that they are in violation of subsection (c) of this Section, except that this notice provision shall not apply when the violation was intentional.

Section 99. Effective date. This Act takes effect upon becoming law.".