IL
Illinois Senate Bill SB1874

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1874 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1874 Introduced 2/5/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 Amends the Public Utilities Act. In provisions regarding a certificate of public convenience and necessity, makes changes to the limitations on the construction of a nuclear power reactor. Provides that, beginning January 1, 2026, construction may commence on an advanced nuclear reactor (rather than a new nuclear power reactor with a nameplate capacity of 300 megawatts of electricity or less) within the State under specified conditions. Defines "advanced nuclear reactor". Makes other changes. LRB104 07081 AAS 17118 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1874 Introduced 2/5/2025, by Sen. Patrick J. Joyce 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. In provisions regarding a certificate of public convenience and necessity, makes changes to the limitations on the construction of a nuclear power reactor. Provides that, beginning January 1, 2026, construction may commence on an advanced nuclear reactor (rather than a new nuclear power reactor with a nameplate capacity of 300 megawatts of electricity or less) within the State under specified conditions. Defines "advanced nuclear reactor". Makes other changes. LRB104 07081 AAS 17118 b LRB104 07081 AAS 17118 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1874 Introduced 2/5/2025, by Sen. Patrick J. Joyce 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. In provisions regarding a certificate of public convenience and necessity, makes changes to the limitations on the construction of a nuclear power reactor. Provides that, beginning January 1, 2026, construction may commence on an advanced nuclear reactor (rather than a new nuclear power reactor with a nameplate capacity of 300 megawatts of electricity or less) within the State under specified conditions. Defines "advanced nuclear reactor". Makes other changes.
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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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1874 Introduced 2/5/2025, by Sen. Patrick J. Joyce 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. In provisions regarding a certificate of public convenience and necessity, makes changes to the limitations on the construction of a nuclear power reactor. Provides that, beginning January 1, 2026, construction may commence on an advanced nuclear reactor (rather than a new nuclear power reactor with a nameplate capacity of 300 megawatts of electricity or less) within the State under specified conditions. Defines "advanced nuclear reactor". Makes other changes.
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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) As used in this subsection (c):
224224 13 "Advanced nuclear reactor" means a nuclear fission reactor
225225 14 with significant improvements, including additional inherent
226226 15 safety features, compared to reactors operating prior to
227227 16 December 27, 2020 in the United States.
228228 17 "Decommissioning" has the meaning given to that term in
229229 18 subsection (a) of Section 8-508.1.
230230 19 "Nuclear power reactor" has the meaning given to that term
231231 20 in Section 8 of the Nuclear Safety Law of 2004.
232232 21 No After the effective date of this amendatory Act of the
233233 22 103rd General Assembly, no construction shall commence on any
234234 23 new nuclear power reactor with a nameplate capacity of more
235235 24 than 300 megawatts of electricity to be located within this
236236 25 State, and no certificate of public convenience and necessity
237237 26 or other authorization shall be issued therefor by the
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248248 1 Commission, unless (i) the new nuclear power reactor is an
249249 2 advanced nuclear reactor, (ii) until the Illinois Emergency
250250 3 Management Agency and Office of Homeland Security, in
251251 4 consultation with the Illinois Environmental Protection Agency
252252 5 and the Illinois Department of Natural Resources, finds that
253253 6 the United States Government, through its authorized agency,
254254 7 has identified and approved a demonstrable technology or means
255255 8 for the disposal of high level nuclear waste, or (iii) until
256256 9 such construction has been specifically approved by a statute
257257 10 enacted by the General Assembly. Beginning January 1, 2026,
258258 11 construction may commence on an advanced nuclear reactor a new
259259 12 nuclear power reactor with a nameplate capacity of 300
260260 13 megawatts of electricity or less within this State if the
261261 14 entity constructing the advanced nuclear reactor new nuclear
262262 15 power reactor has obtained all permits, licenses, permissions,
263263 16 or approvals governing the construction, operation, and can
264264 17 demonstrate adequate funding of decommissioning funding
265265 18 assurance of such nuclear power reactors required by: (1) this
266266 19 Act; (2) any rules adopted by the Illinois Emergency
267267 20 Management Agency and Office of Homeland Security under the
268268 21 authority of this Act; (3) any applicable federal statutes,
269269 22 including, but not limited to, the Atomic Energy Act of 1954,
270270 23 the Energy Reorganization Act of 1974, the Low-Level
271271 24 Radioactive Waste Policy Amendments Act of 1985, and the
272272 25 Energy Policy Act of 1992; (4) any regulations promulgated or
273273 26 enforced by the U.S. Nuclear Regulatory Commission, including,
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284284 1 but not limited to, those codified at Title X, Parts 20, 30,
285285 2 40, 50, 70, and 72 of the Code of Federal Regulations, as from
286286 3 time to time amended; and (5) any other federal or State
287287 4 statute, rule, or regulation governing the permitting,
288288 5 licensing, operation, or decommissioning of such nuclear power
289289 6 reactors. None of the rules developed by the Illinois
290290 7 Emergency Management Agency and Office of Homeland Security or
291291 8 any other State agency, board, or commission pursuant to this
292292 9 Act shall be construed to supersede the authority of the U.S.
293293 10 Nuclear Regulatory Commission. These rules The changes made by
294294 11 this amendatory Act of the 103rd General Assembly shall not
295295 12 apply to the uprate, renewal, or subsequent renewal of any
296296 13 license for an existing nuclear power reactor that began
297297 14 operation prior to June 1, 2024 (the effective date of Public
298298 15 Act 103-569) this amendatory Act of the 103rd General
299299 16 Assembly.
300300 17 None of the changes made in Public Act 103-569 this
301301 18 amendatory Act of the 103rd General Assembly are intended to
302302 19 authorize the construction of nuclear power plants powered by
303303 20 nuclear power reactors that are not either: (1) advanced
304304 21 nuclear reactors small modular nuclear reactors; or (2)
305305 22 nuclear power reactors licensed by the U.S. Nuclear Regulatory
306306 23 Commission to operate in this State prior to the effective
307307 24 date of this amendatory Act of the 104th General Assembly.
308308 25 this amendatory Act of the 103rd General Assembly.
309309 26 (d) In making its determination under subsection (b) of
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320320 1 this Section, the Commission shall attach primary weight to
321321 2 the cost or cost savings to the customers of the utility. The
322322 3 Commission may consider any or all factors which will or may
323323 4 affect such cost or cost savings, including the public
324324 5 utility's engineering judgment regarding the materials used
325325 6 for construction.
326326 7 (e) The Commission may issue a temporary certificate which
327327 8 shall remain in force not to exceed one year in cases of
328328 9 emergency, to assure maintenance of adequate service or to
329329 10 serve particular customers, without notice or hearing, pending
330330 11 the determination of an application for a certificate, and may
331331 12 by regulation exempt from the requirements of this Section
332332 13 temporary acts or operations for which the issuance of a
333333 14 certificate will not be required in the public interest.
334334 15 A public utility shall not be required to obtain but may
335335 16 apply for and obtain a certificate of public convenience and
336336 17 necessity pursuant to this Section with respect to any matter
337337 18 as to which it has received the authorization or order of the
338338 19 Commission under the Electric Supplier Act, and any such
339339 20 authorization or order granted a public utility by the
340340 21 Commission under that Act shall as between public utilities be
341341 22 deemed to be, and shall have except as provided in that Act the
342342 23 same force and effect as, a certificate of public convenience
343343 24 and necessity issued pursuant to this Section.
344344 25 No electric cooperative shall be made or shall become a
345345 26 party to or shall be entitled to be heard or to otherwise
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356356 1 appear or participate in any proceeding initiated under this
357357 2 Section for authorization of power plant construction and as
358358 3 to matters as to which a remedy is available under the Electric
359359 4 Supplier Act.
360360 5 (f) Such certificates may be altered or modified by the
361361 6 Commission, upon its own motion or upon application by the
362362 7 person or corporation affected. Unless exercised within a
363363 8 period of 2 years from the grant thereof, authority conferred
364364 9 by a certificate of convenience and necessity issued by the
365365 10 Commission shall be null and void.
366366 11 No certificate of public convenience and necessity shall
367367 12 be construed as granting a monopoly or an exclusive privilege,
368368 13 immunity or franchise.
369369 14 (g) A public utility that undertakes any of the actions
370370 15 described in items (1) through (3) of this subsection (g) or
371371 16 that has obtained approval pursuant to Section 8-406.1 of this
372372 17 Act shall not be required to comply with the requirements of
373373 18 this Section to the extent such requirements otherwise would
374374 19 apply. For purposes of this Section and Section 8-406.1 of
375375 20 this Act, "high voltage electric service line" means an
376376 21 electric line having a design voltage of 100,000 or more. For
377377 22 purposes of this subsection (g), a public utility may do any of
378378 23 the following:
379379 24 (1) replace or upgrade any existing high voltage
380380 25 electric service line and related facilities,
381381 26 notwithstanding its length;
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392392 1 (2) relocate any existing high voltage electric
393393 2 service line and related facilities, notwithstanding its
394394 3 length, to accommodate construction or expansion of a
395395 4 roadway or other transportation infrastructure; or
396396 5 (3) construct a high voltage electric service line and
397397 6 related facilities that is constructed solely to serve a
398398 7 single customer's premises or to provide a generator
399399 8 interconnection to the public utility's transmission
400400 9 system and that will pass under or over the premises owned
401401 10 by the customer or generator to be served or under or over
402402 11 premises for which the customer or generator has secured
403403 12 the necessary right of way.
404404 13 (h) A public utility seeking to construct a high-voltage
405405 14 electric service line and related facilities (Project) must
406406 15 show that the utility has held a minimum of 2 pre-filing public
407407 16 meetings to receive public comment concerning the Project in
408408 17 each county where the Project is to be located, no earlier than
409409 18 6 months prior to filing an application for a certificate of
410410 19 public convenience and necessity from the Commission. Notice
411411 20 of the public meeting shall be published in a newspaper of
412412 21 general circulation within the affected county once a week for
413413 22 3 consecutive weeks, beginning no earlier than one month prior
414414 23 to the first public meeting. If the Project traverses 2
415415 24 contiguous counties and where in one county the transmission
416416 25 line mileage and number of landowners over whose property the
417417 26 proposed route traverses is one-fifth or less of the
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