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


Sen. Linda Holmes

Filed: 4/13/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 321 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The River Edge Redevelopment Zone Act is
5amended by 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7    (Section scheduled to be repealed on July 29, 2017)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



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



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1regulatory asset until they are so recovered.
2    (d) The Illinois Commerce Commission shall allow a public
3utility described in subsection (b) to fully recover from all
4retail customers in its service territory all reasonable and
5prudent costs that it incurs in conducting environmental
6remediation in the River Edge Redevelopment Zone related to the
7removal or relocation of utility facilities in the River Edge
8Redevelopment Zone, including, but not limited to,
9transmission and distribution lines, transformers, and poles.
10These environmental remediation costs also include, but are not
11limited to, direct, indirect, and overhead costs calculated by
12the public utility for taxes or other charges, cost adjustments
13made after the project has begun, and any other environmental
14remediation-related charges. The public utility shall record
15and defer such costs as a regulatory asset to be included in
16the public utility's total rate base and amortized in the
17public utility's next filing for a general increase in rates
18over a reasonable period that is shorter than the life of the
19affected facility or facilities. Such regulatory assets shall
20be collected from all residential and commercial ratepayers
21system-wide, and not only from ratepayers in the municipality's
22corporate limits. In the event the River Edge Redevelopment
23Zone is decertified, the public utility shall be permitted to
24recover all reasonable and prudent costs incurred as of the
25date of the decertification, as well as all reasonable and
26prudent costs incurred subsequent to decertification that are



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1necessary to complete any projects commenced while the River
2Edge Redevelopment Zone was certified, consistent with this
4    (e) This Section is repealed on August 1, 2020 7 years
5after the effective date of this amendatory Act of the 96th
6General Assembly.
7(Source: P.A. 96-1404, eff. 7-29-10.)".