SB3683sam001 96TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 2/24/2010

09600SB3683sam001 LRB096 20708 RLJ 37326 a

AMENDMENT TO SENATE BILL 3683

AMENDMENT NO. ______. Amend Senate Bill 3683 by replacing everything after the enacting clause with the following:

"Section 5. The River Edge Redevelopment Zone Act is amended by adding Section 10-10.1 as follows:

(65 ILCS 115/10-10.1 new)

Sec. 10-10.1. Utility facilities.

(a) It remains the policy of the State that the cost of supplying public utility services is allocated to those who cause the costs to be incurred. This policy requires an entity engaging in economic redevelopment to pay all costs to relocate utility facilities on property that the utility owns in areas that have been designated for economic redevelopment. It is, however, in the public interest that costs for the River Edge Redevelopment Zone impacting utility property that are covered by subsection (b) not be allocated solely to the entity engaging in economic redevelopment, as this economic redevelopment benefits the utility service territory as a whole and not just the particular area where the redevelopment occurs.

(b) This Section applies to the costs of installing, removing, replacing, relocating, modifying, or maintaining utility facilities in the River Edge Redevelopment Zone if the public utility has met one or more of the following requirements before the effective date of this amendatory Act of the 96th General Assembly:

(1) The public utility's facilities were located within an area designated for economic redevelopment by a unit of local government;

(2) The public utility's facilities were located within an area subject to tax increment financing;

(3) The public utility's facilities were located within an area that qualifies as a transit-oriented development;

(4) The public utility's facilities were located within an area that can be redeveloped in a manner that combats urban sprawl; or

(5) The costs connected with the public utility's facilities exceeded the funds available to the project through tax increment financing that could have otherwise been used for these purposes.

(c) The Illinois Commerce Commission shall allow a utility providing services under this Section to fully recover from all customers in its service territory all costs it incurs in conducting environmental remediation in the River Edge Redevelopment Zone and for the installation, removal, replacement, relocation, modification, or maintenance of utility facilities in the River Edge Redevelopment Zone. The public utility may defer operation and maintenance expenditures connected with the River Edge Redevelopment Zone and amortize them in a rate proceeding following the expenditure.

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