IL
Illinois House Bill HB1079

Illinois 2023-2024 Regular Session

Illinois House Bill HB1079 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1079 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Effective immediately. LRB103 05251 AMQ 50269 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1079 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Effective immediately. LRB103 05251 AMQ 50269 b LRB103 05251 AMQ 50269 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1079 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
33 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
44 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
55 Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Effective immediately.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Public Utilities Act is amended by changing
1515 5 Section 8-406 as follows:
1616 6 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
1717 7 Sec. 8-406. Certificate of public convenience and
1818 8 necessity.
1919 9 (a) No public utility not owning any city or village
2020 10 franchise nor engaged in performing any public service or in
2121 11 furnishing any product or commodity within this State as of
2222 12 July 1, 1921 and not possessing a certificate of public
2323 13 convenience and necessity from the Illinois Commerce
2424 14 Commission, the State Public Utilities Commission, or the
2525 15 Public Utilities Commission, at the time Public Act 84-617
2626 16 goes into effect (January 1, 1986), shall transact any
2727 17 business in this State until it shall have obtained a
2828 18 certificate from the Commission that public convenience and
2929 19 necessity require the transaction of such business. A
3030 20 certificate of public convenience and necessity requiring the
3131 21 transaction of public utility business in any area of this
3232 22 State shall include authorization to the public utility
3333 23 receiving the certificate of public convenience and necessity
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1079 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
3838 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
3939 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
4040 Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Effective immediately.
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6868 1 to construct such plant, equipment, property, or facility as
6969 2 is provided for under the terms and conditions of its tariff
7070 3 and as is necessary to provide utility service and carry out
7171 4 the transaction of public utility business by the public
7272 5 utility in the designated area.
7373 6 (b) No public utility shall begin the construction of any
7474 7 new plant, equipment, property, or facility which is not in
7575 8 substitution of any existing plant, equipment, property, or
7676 9 facility, or any extension or alteration thereof or in
7777 10 addition thereto, unless and until it shall have obtained from
7878 11 the Commission a certificate that public convenience and
7979 12 necessity require such construction. Whenever after a hearing
8080 13 the Commission determines that any new construction or the
8181 14 transaction of any business by a public utility will promote
8282 15 the public convenience and is necessary thereto, it shall have
8383 16 the power to issue certificates of public convenience and
8484 17 necessity. The Commission shall determine that proposed
8585 18 construction will promote the public convenience and necessity
8686 19 only if the utility demonstrates: (1) that the proposed
8787 20 construction is necessary to provide adequate, reliable, and
8888 21 efficient service to its customers and is the least-cost means
8989 22 of satisfying the service needs of its customers or that the
9090 23 proposed construction will promote the development of an
9191 24 effectively competitive electricity market that operates
9292 25 efficiently, is equitable to all customers, and is the least
9393 26 cost means of satisfying those objectives; (2) that the
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104104 1 utility is capable of efficiently managing and supervising the
105105 2 construction process and has taken sufficient action to ensure
106106 3 adequate and efficient construction and supervision thereof;
107107 4 and (3) that the utility is capable of financing the proposed
108108 5 construction without significant adverse financial
109109 6 consequences for the utility or its customers.
110110 7 (b-5) As used in this subsection (b-5):
111111 8 "Qualifying direct current applicant" means an entity that
112112 9 seeks to provide direct current bulk transmission service for
113113 10 the purpose of transporting electric energy in interstate
114114 11 commerce.
115115 12 "Qualifying direct current project" means a high voltage
116116 13 direct current electric service line that crosses at least one
117117 14 Illinois border, the Illinois portion of which is physically
118118 15 located within the region of the Midcontinent Independent
119119 16 System Operator, Inc., or its successor organization, and runs
120120 17 through the counties of Pike, Scott, Greene, Macoupin,
121121 18 Montgomery, Christian, Shelby, Cumberland, and Clark, is
122122 19 capable of transmitting electricity at voltages of 345
123123 20 kilovolts or above, and may also include associated
124124 21 interconnected alternating current interconnection facilities
125125 22 in this State that are part of the proposed project and
126126 23 reasonably necessary to connect the project with other
127127 24 portions of the grid.
128128 25 Notwithstanding any other provision of this Act, a
129129 26 qualifying direct current applicant that does not own,
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140140 1 control, operate, or manage, within this State, any plant,
141141 2 equipment, or property used or to be used for the transmission
142142 3 of electricity at the time of its application or of the
143143 4 Commission's order may file an application on or before
144144 5 December 31, 2023 with the Commission pursuant to this Section
145145 6 or Section 8-406.1 for, and the Commission may grant, a
146146 7 certificate of public convenience and necessity to construct,
147147 8 operate, and maintain a qualifying direct current project. The
148148 9 qualifying direct current applicant may also include in the
149149 10 application requests for authority under Section 8-503. The
150150 11 Commission shall grant the application for a certificate of
151151 12 public convenience and necessity and requests for authority
152152 13 under Section 8-503 if it finds that the qualifying direct
153153 14 current applicant and the proposed qualifying direct current
154154 15 project satisfy the requirements of this subsection and
155155 16 otherwise satisfy the criteria of this Section or Section
156156 17 8-406.1 and the criteria of Section 8-503, as applicable to
157157 18 the application and to the extent such criteria are not
158158 19 superseded by the provisions of this subsection. The
159159 20 Commission's order on the application for the certificate of
160160 21 public convenience and necessity shall also include the
161161 22 Commission's findings and determinations on the request or
162162 23 requests for authority pursuant to Section 8-503. Prior to
163163 24 filing its application under either this Section or Section
164164 25 8-406.1, the qualifying direct current applicant shall conduct
165165 26 3 public meetings in accordance with subsection (h) of this
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176176 1 Section. If the qualifying direct current applicant
177177 2 demonstrates in its application that the proposed qualifying
178178 3 direct current project is designed to deliver electricity to a
179179 4 point or points on the electric transmission grid in either or
180180 5 both the PJM Interconnection, LLC or the Midcontinent
181181 6 Independent System Operator, Inc., or their respective
182182 7 successor organizations, the proposed qualifying direct
183183 8 current project shall be deemed to be, and the Commission
184184 9 shall find it to be, for public use. If the qualifying direct
185185 10 current applicant further demonstrates in its application that
186186 11 the proposed transmission project has a capacity of 1,000
187187 12 megawatts or larger and a voltage level of 345 kilovolts or
188188 13 greater, the proposed transmission project shall be deemed to
189189 14 satisfy, and the Commission shall find that it satisfies, the
190190 15 criteria stated in item (1) of subsection (b) of this Section
191191 16 or in paragraph (1) of subsection (f) of Section 8-406.1, as
192192 17 applicable to the application, without the taking of
193193 18 additional evidence on these criteria. Prior to the transfer
194194 19 of functional control of any transmission assets to a regional
195195 20 transmission organization, a qualifying direct current
196196 21 applicant shall request Commission approval to join a regional
197197 22 transmission organization in an application filed pursuant to
198198 23 this subsection (b-5) or separately pursuant to Section 7-102
199199 24 of this Act. The Commission may grant permission to a
200200 25 qualifying direct current applicant to join a regional
201201 26 transmission organization if it finds that the membership, and
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212212 1 associated transfer of functional control of transmission
213213 2 assets, benefits Illinois customers in light of the attendant
214214 3 costs and is otherwise in the public interest. Nothing in this
215215 4 subsection (b-5) requires a qualifying direct current
216216 5 applicant to join a regional transmission organization.
217217 6 Nothing in this subsection (b-5) requires the owner or
218218 7 operator of a high voltage direct current transmission line
219219 8 that is not a qualifying direct current project to obtain a
220220 9 certificate of public convenience and necessity to the extent
221221 10 it is not otherwise required by this Section 8-406 or any other
222222 11 provision of this Act.
223223 12 (c) (Blank). After September 11, 1987 (the effective date
224224 13 of Public Act 85-377), no construction shall commence on any
225225 14 new nuclear power plant to be located within this State, and no
226226 15 certificate of public convenience and necessity or other
227227 16 authorization shall be issued therefor by the Commission,
228228 17 until the Director of the Illinois Environmental Protection
229229 18 Agency finds that the United States Government, through its
230230 19 authorized agency, has identified and approved a demonstrable
231231 20 technology or means for the disposal of high level nuclear
232232 21 waste, or until such construction has been specifically
233233 22 approved by a statute enacted by the General Assembly.
234234 23 As used in this Section, "high level nuclear waste" means
235235 24 those aqueous wastes resulting from the operation of the first
236236 25 cycle of the solvent extraction system or equivalent and the
237237 26 concentrated wastes of the subsequent extraction cycles or
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248248 1 equivalent in a facility for reprocessing irradiated reactor
249249 2 fuel and shall include spent fuel assemblies prior to fuel
250250 3 reprocessing.
251251 4 (d) In making its determination under subsection (b) of
252252 5 this Section, the Commission shall attach primary weight to
253253 6 the cost or cost savings to the customers of the utility. The
254254 7 Commission may consider any or all factors which will or may
255255 8 affect such cost or cost savings, including the public
256256 9 utility's engineering judgment regarding the materials used
257257 10 for construction.
258258 11 (e) The Commission may issue a temporary certificate which
259259 12 shall remain in force not to exceed one year in cases of
260260 13 emergency, to assure maintenance of adequate service or to
261261 14 serve particular customers, without notice or hearing, pending
262262 15 the determination of an application for a certificate, and may
263263 16 by regulation exempt from the requirements of this Section
264264 17 temporary acts or operations for which the issuance of a
265265 18 certificate will not be required in the public interest.
266266 19 A public utility shall not be required to obtain but may
267267 20 apply for and obtain a certificate of public convenience and
268268 21 necessity pursuant to this Section with respect to any matter
269269 22 as to which it has received the authorization or order of the
270270 23 Commission under the Electric Supplier Act, and any such
271271 24 authorization or order granted a public utility by the
272272 25 Commission under that Act shall as between public utilities be
273273 26 deemed to be, and shall have except as provided in that Act the
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284284 1 same force and effect as, a certificate of public convenience
285285 2 and necessity issued pursuant to this Section.
286286 3 No electric cooperative shall be made or shall become a
287287 4 party to or shall be entitled to be heard or to otherwise
288288 5 appear or participate in any proceeding initiated under this
289289 6 Section for authorization of power plant construction and as
290290 7 to matters as to which a remedy is available under the Electric
291291 8 Supplier Act.
292292 9 (f) Such certificates may be altered or modified by the
293293 10 Commission, upon its own motion or upon application by the
294294 11 person or corporation affected. Unless exercised within a
295295 12 period of 2 years from the grant thereof, authority conferred
296296 13 by a certificate of convenience and necessity issued by the
297297 14 Commission shall be null and void.
298298 15 No certificate of public convenience and necessity shall
299299 16 be construed as granting a monopoly or an exclusive privilege,
300300 17 immunity or franchise.
301301 18 (g) A public utility that undertakes any of the actions
302302 19 described in items (1) through (3) of this subsection (g) or
303303 20 that has obtained approval pursuant to Section 8-406.1 of this
304304 21 Act shall not be required to comply with the requirements of
305305 22 this Section to the extent such requirements otherwise would
306306 23 apply. For purposes of this Section and Section 8-406.1 of
307307 24 this Act, "high voltage electric service line" means an
308308 25 electric line having a design voltage of 100,000 or more. For
309309 26 purposes of this subsection (g), a public utility may do any of
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320320 1 the following:
321321 2 (1) replace or upgrade any existing high voltage
322322 3 electric service line and related facilities,
323323 4 notwithstanding its length;
324324 5 (2) relocate any existing high voltage electric
325325 6 service line and related facilities, notwithstanding its
326326 7 length, to accommodate construction or expansion of a
327327 8 roadway or other transportation infrastructure; or
328328 9 (3) construct a high voltage electric service line and
329329 10 related facilities that is constructed solely to serve a
330330 11 single customer's premises or to provide a generator
331331 12 interconnection to the public utility's transmission
332332 13 system and that will pass under or over the premises owned
333333 14 by the customer or generator to be served or under or over
334334 15 premises for which the customer or generator has secured
335335 16 the necessary right of way.
336336 17 (h) A public utility seeking to construct a high-voltage
337337 18 electric service line and related facilities (Project) must
338338 19 show that the utility has held a minimum of 2 pre-filing public
339339 20 meetings to receive public comment concerning the Project in
340340 21 each county where the Project is to be located, no earlier than
341341 22 6 months prior to filing an application for a certificate of
342342 23 public convenience and necessity from the Commission. Notice
343343 24 of the public meeting shall be published in a newspaper of
344344 25 general circulation within the affected county once a week for
345345 26 3 consecutive weeks, beginning no earlier than one month prior
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356356 1 to the first public meeting. If the Project traverses 2
357357 2 contiguous counties and where in one county the transmission
358358 3 line mileage and number of landowners over whose property the
359359 4 proposed route traverses is one-fifth or less of the
360360 5 transmission line mileage and number of such landowners of the
361361 6 other county, then the utility may combine the 2 pre-filing
362362 7 meetings in the county with the greater transmission line
363363 8 mileage and affected landowners. All other requirements
364364 9 regarding pre-filing meetings shall apply in both counties.
365365 10 Notice of the public meeting, including a description of the
366366 11 Project, must be provided in writing to the clerk of each
367367 12 county where the Project is to be located. A representative of
368368 13 the Commission shall be invited to each pre-filing public
369369 14 meeting.
370370 15 (i) For applications filed after August 18, 2015 (the
371371 16 effective date of Public Act 99-399), the Commission shall, by
372372 17 certified mail, notify each owner of record of land, as
373373 18 identified in the records of the relevant county tax assessor,
374374 19 included in the right-of-way over which the utility seeks in
375375 20 its application to construct a high-voltage electric line of
376376 21 the time and place scheduled for the initial hearing on the
377377 22 public utility's application. The utility shall reimburse the
378378 23 Commission for the cost of the postage and supplies incurred
379379 24 for mailing the notice.
380380 25 (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
381381 26 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
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