Full Text of SB3032 095th General Assembly
SB3032 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB3032
Introduced 4/16/2008, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-139-2 |
from Ch. 24, par. 11-139-2 |
220 ILCS 5/8-406 |
from Ch. 111 2/3, par. 8-406 |
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Amends the Illinois Municipal Code. Provides that the Village of Woodridge may not acquire, construct, contract to construct, or maintain a waterworks or sewerage system outside of its corporate boundaries or planned boundaries without the approval by the Illinois Commerce Commission of a certificate of public convenience and necessity. Amends the Public Utilities Act. Provides that the Village of Woodridge shall not begin the construction of, or contract for the construction of, any waterworks or sewerage system outside of its corporate boundaries
or planned boundaries unless and until it shall have obtained from the
Commission a certificate that public convenience and necessity require such
construction. Effective immediately.
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A BILL FOR
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SB3032 |
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LRB095 20715 MJR 49137 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-139-2 as follows:
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| (65 ILCS 5/11-139-2) (from Ch. 24, par. 11-139-2)
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| Sec. 11-139-2. Any municipality may acquire, or construct, | 8 |
| and maintain and
operate a combined waterworks and sewerage | 9 |
| system either within or without
the corporate limits thereof. A | 10 |
| municipality owning and operating a
waterworks or sewerage | 11 |
| system may provide for the inclusion of that
waterworks or | 12 |
| sewerage system or the combination of the 2 in a combined
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| waterworks and sewerage system under this Division 139, and in | 14 |
| connection
therewith may provide for paying or refunding any | 15 |
| unpaid obligations which
are payable solely from the revenue of | 16 |
| or which are secured by a mortgage
of that waterworks or | 17 |
| sewerage system, or any part thereof included in the
combined | 18 |
| waterworks and sewerage system. Any municipality owning and
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| operating a combined waterworks and sewerage system may also | 20 |
| provide for
paying or refunding any unpaid obligations which | 21 |
| are payable solely from
the revenue of the combined waterworks | 22 |
| and sewerage system. A municipality
owning, acquiring, or | 23 |
| constructing and providing for the operation of a
combined |
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| waterworks and sewerage system may improve and extend that | 2 |
| system,
and may impose and collect charges or rates for the use | 3 |
| of that system as
provided in this Division 139. A municipality | 4 |
| may also, when determined by
its corporate authorities to be in | 5 |
| the public interest and necessary for
the protection of the | 6 |
| public health or in the best interests of the
municipality and | 7 |
| its environs, enter into and perform contracts, whether
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| long-term or short-term, with any other municipality within a | 9 |
| radius of 25
miles of its corporate limits and construct water | 10 |
| mains to such
municipality and supply water to such | 11 |
| municipalities on the request of any
such municipality; | 12 |
| provided, that such water mains be constructed and that
such | 13 |
| municipality purchase water on a long term basis at rates | 14 |
| sufficient
to amortize the cost of the construction of such | 15 |
| water mains and pay the
cost of maintenance and operation | 16 |
| thereof, as hereinafter provided in this
Division 139, and also | 17 |
| with any industrial establishment for the provision
and | 18 |
| operation by the municipality of sewerage facilities, either | 19 |
| within or
without the corporate limits of such municipality, to | 20 |
| abate or reduce the
pollution of waters caused by discharges of | 21 |
| industrial wastes by the
industrial establishment and the | 22 |
| payment periodically by such municipality
or municipalities or | 23 |
| the industrial establishment to the municipality of
amounts at | 24 |
| least sufficient, in the determination of such corporate
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| authorities, to compensate the municipality for the cost of | 26 |
| providing
(including payment of principal and interest |
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| charges, if any) and of
operating and maintaining any such | 2 |
| facilities. This amendatory Act is not a
prohibition upon the | 3 |
| contractual and associational powers granted by
Article VII, | 4 |
| Section 10 of the Constitution.
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| Notwithstanding any other provision of law, on and after | 6 |
| the effective date of this amendatory Act of the 95th General | 7 |
| Assembly, the Village of Woodridge may not acquire, construct, | 8 |
| contract to construct, or maintain a waterworks or sewerage | 9 |
| system outside of its corporate boundaries or planned | 10 |
| boundaries without the approval by the Illinois Commerce | 11 |
| Commission of a certificate of public convenience and | 12 |
| necessity. | 13 |
| (Source: P.A. 77-2837.)
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| Section 10. The Public Utilities Act is amended by changing | 15 |
| Section 8-406 as follows:
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| (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
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| Sec. 8-406. Certificate of public convenience and | 18 |
| necessity.
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| (a) No public utility not owning any city or village
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| franchise nor engaged in performing any public service or in | 21 |
| furnishing any
product or commodity within this State as of | 22 |
| July 1, 1921 and not
possessing a certificate of
public | 23 |
| convenience and necessity from the Illinois Commerce | 24 |
| Commission,
the State Public Utilities Commission or
the Public |
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| Utilities Commission, at the time this amendatory Act of 1985 | 2 |
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into effect, shall transact any business in this State | 3 |
| until it shall have
obtained a certificate from the Commission | 4 |
| that public convenience and
necessity require the transaction | 5 |
| of such business.
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| (b) No public utility shall begin the construction of any | 7 |
| new plant,
equipment, property or facility which is not in | 8 |
| substitution of any
existing plant, equipment, property or | 9 |
| facility or any extension or
alteration thereof or in addition | 10 |
| thereto,
unless and until it shall have obtained from the
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| Commission a certificate that public convenience and necessity | 12 |
| require such
construction. Whenever after a hearing the | 13 |
| Commission determines that any
new construction or the | 14 |
| transaction of any business by a public utility will
promote | 15 |
| the public convenience and is necessary thereto, it shall have | 16 |
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power to issue certificates of public convenience and | 17 |
| necessity. The
Commission shall determine that proposed | 18 |
| construction will promote the
public convenience and necessity | 19 |
| only if the utility demonstrates: (1) that the
proposed | 20 |
| construction is necessary to provide adequate, reliable, and
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| efficient service to its customers and is the
least-cost means | 22 |
| of
satisfying the service needs of its customers or that the | 23 |
| proposed construction will promote the development of an | 24 |
| effectively competitive electricity market that operates | 25 |
| efficiently, is equitable to all customers, and is the least | 26 |
| cost means of satisfying those objectives;
(2) that the utility |
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| is capable of efficiently managing and
supervising the | 2 |
| construction process and has taken sufficient action to
ensure | 3 |
| adequate and efficient construction and supervision thereof; | 4 |
| and (3)
that the utility is capable of financing the proposed | 5 |
| construction without
significant adverse financial | 6 |
| consequences for the utility or its
customers.
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| (c) After the effective date of this amendatory Act of | 8 |
| 1987, no
construction shall commence on any new nuclear
power | 9 |
| plant to be located within this State, and no certificate of | 10 |
| public
convenience and necessity or other authorization shall | 11 |
| be issued therefor
by the Commission, until the Director of the | 12 |
| Illinois Environmental
Protection Agency finds that the United | 13 |
| States Government, through its
authorized agency, has | 14 |
| identified and approved a demonstrable technology or
means for | 15 |
| the disposal of high level nuclear waste, or until such
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| construction has been specifically approved by a statute | 17 |
| enacted by the General
Assembly.
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| As used in this Section, "high level nuclear waste" means | 19 |
| those aqueous
wastes resulting from the operation of the first | 20 |
| cycle of the solvent
extraction system or equivalent and the | 21 |
| concentrated wastes of the
subsequent extraction cycles or | 22 |
| equivalent in a facility for reprocessing
irradiated reactor | 23 |
| fuel and shall include spent fuel assemblies prior to
fuel | 24 |
| reprocessing.
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| (c-5) The Village of Woodridge shall not begin the | 26 |
| construction of, or contract for the construction of, any |
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| waterworks or sewerage system outside of its corporate | 2 |
| boundaries
or planned boundaries unless and until it shall have | 3 |
| obtained from the
Commission a certificate that public | 4 |
| convenience and necessity require such
construction. | 5 |
| (d) In making its determination, the Commission shall | 6 |
| attach primary
weight to the cost or cost savings to the | 7 |
| customers of the utility. The
Commission may consider any or | 8 |
| all factors which will or may affect such
cost or cost savings.
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| (e) The Commission may issue a temporary certificate which | 10 |
| shall remain
in force not to exceed one year in cases of | 11 |
| emergency, to assure maintenance
of adequate service or to | 12 |
| serve particular customers, without notice or
hearing, pending | 13 |
| the determination of an application for a certificate, and
may | 14 |
| by regulation exempt from the requirements of this Section | 15 |
| temporary
acts or operations for which the issuance of a | 16 |
| certificate will not be
required in the public interest.
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| A public utility shall not be required to obtain but may | 18 |
| apply for and
obtain a certificate of public convenience and | 19 |
| necessity pursuant to this
Section with respect to any matter | 20 |
| as to which it has received the
authorization or order of the | 21 |
| Commission under the Electric Supplier Act,
and any such | 22 |
| authorization or order granted a public utility by the
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| Commission under that Act shall as between public utilities be | 24 |
| deemed to
be, and shall have except as provided in that Act the | 25 |
| same force and effect
as, a certificate of public convenience | 26 |
| and necessity issued pursuant to this
Section.
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| No electric cooperative shall be made or shall become a | 2 |
| party to or shall
be entitled to be heard or to otherwise | 3 |
| appear or participate in any
proceeding initiated under this | 4 |
| Section for authorization of power plant
construction and as to | 5 |
| matters as to which a remedy is available under The
Electric | 6 |
| Supplier Act.
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| (f) Such certificates may be altered or modified by the | 8 |
| Commission, upon
its own motion or upon application by the | 9 |
| person or corporation affected.
Unless exercised within a | 10 |
| period of 2 years from the grant thereof
authority conferred by | 11 |
| a certificate of convenience and necessity issued by
the | 12 |
| Commission shall be null and void.
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| No certificate of public convenience and necessity shall be | 14 |
| construed as
granting a monopoly or an exclusive privilege, | 15 |
| immunity or franchise.
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| (Source: P.A. 95-700, eff. 11-9-07.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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