Public Act 90-0416 of the 90th General Assembly
Public Act 90-0416
SB703 Enrolled LRB9003162MWpc
AN ACT to amend the Illinois Municipal Code by changing
Section 11-119.1-10.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-119.1-10 as follows:
(65 ILCS 5/11-119.1-10) (from Ch. 24, par. 11-119.1-10)
Sec. 11-119.1-10. Exercise of powers. A municipal power
agency may exercise any and all of the powers enumerated in
this Division, except the power of eminent domain, without
the consent and approval of the Illinois Commerce Commission.
The exercise of the power of eminent domain by a municipal
power agency shall be subject to the consent and approval of
the Illinois Commerce Commission in the same manner and to
the same extent as public utilities under the Public
Utilities Act, including the issuance of a certificate of
public convenience and necessity as provided for in Section
8-406 of that Act. During the consideration of any petition
for authority to exercise the power of eminent domain the
Illinois Commerce Commission shall evaluate and give due
consideration to the impact of the acquisition on farmlands
in the State with the goal of preserving the land to the
fullest extent reasonably possible. Except as otherwise
provided in this Division, a municipal power agency may
exercise any and all of the powers enumerated in this
Division subject to the consent and approval of the Illinois
Commerce Commission, in the same manner and to the
same extent as other public utilities regulated by the
Illinois Commerce Commission under "An Act concerning
public utilities", approved June 29, 1921, as now or
hereafter amended, and the "Electric Supplier Act", as
now or hereafter amended; provided however, the
contracts between a municipal power agency and its
wholesale customers, the rates to be charged by a municipal
power agency to its wholesale customers, and the
issuance of bonds by a municipal power agency shall not
require the consent and approval of the Illinois
Commerce Commission or any other regulatory agency of
this State; and provided, further, nothing in this
Division shall prevent a municipal power agency from
selling the products and services of a municipal power
agency to the members of the municipal power agency. In
granting any certificate, permission, consent or order
permitting the construction of any project and the
acquisition of appurtenant land or rights therein, the
Illinois Commerce Commission shall evaluate and give due
consideration to the impact of such acquisition and
construction on farmlands in the State with the goal of
preserving such land to the fullest extent reasonably
possible.
(Source: P.A. 83-997.)