Bill Amendment: IL HB3445 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IL POWER AG-PUBLIC SCHOOL
Status: 2023-11-08 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB3445 Detail]
Download: Illinois-2023-HB3445-Senate_Amendment_004.html
Bill Title: IL POWER AG-PUBLIC SCHOOL
Status: 2023-11-08 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB3445 Detail]
Download: Illinois-2023-HB3445-Senate_Amendment_004.html
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1 | AMENDMENT TO HOUSE BILL 3445
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2 | AMENDMENT NO. ______. Amend House Bill 3445, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment | ||||||
4 | No. 3, on page 217, line 15, after "Section 4-610", by | ||||||
5 | inserting "and Article XXIII"; and
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6 | on page 220, immediately below line 25, by inserting the | ||||||
7 | following:
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8 | "(220 ILCS 5/Art. XXIII heading new) | ||||||
9 | ARTICLE XXIII. TRANSMISSION EFFICIENCY AND COOPERATION LAW | ||||||
10 | (220 ILCS 5/23-100 new) | ||||||
11 | Sec. 23-100. Short title. This Article may be cited as the | ||||||
12 | Transmission Efficiency and Cooperation Law.
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13 | (220 ILCS 5/23-105 new) | ||||||
14 | Sec. 23-105. Incumbent transmission line owner rights. |
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1 | (a) As used in this Section: | ||||||
2 | "Electric transmission line" means a transmission line | ||||||
3 | that is designed and constructed with the capability of being | ||||||
4 | safely and reliably energized at 100 kilovolts or more and its | ||||||
5 | associated transmission facilities, including transmission | ||||||
6 | substations. "Electric transmission line" does not include | ||||||
7 | electric transmission lines located on an electric generating | ||||||
8 | facility's side of the facility's point of interconnection | ||||||
9 | with an incumbent electric transmission line owner. | ||||||
10 | "Incumbent electric transmission owner" means any public | ||||||
11 | utility, municipal corporation, or electric cooperative that | ||||||
12 | owns, operates, and maintains at least one electric | ||||||
13 | transmission line in this State. | ||||||
14 | "Regional transmission operator" means a regional | ||||||
15 | transmission organization, independent system operator, or | ||||||
16 | equivalent entity approved by the Federal Energy Regulatory | ||||||
17 | Commission, or its successor agency, that exercises functional | ||||||
18 | control over electric transmission lines located in this | ||||||
19 | State. | ||||||
20 | "Transmission affiliate" means any company that has been | ||||||
21 | issued a certificate of public convenience and necessity in | ||||||
22 | Illinois authorizing it to own and operate an electric | ||||||
23 | transmission line, and is an Illinois electric utility as | ||||||
24 | defined in Section 16-102 or an affiliate thereof through a | ||||||
25 | common ownership structure. | ||||||
26 | "Transmission plan" means a transmission plan adopted by |
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1 | the Midcontinent Independent System Operator between January | ||||||
2 | 1, 2022 and December 31, 2024. | ||||||
3 | (b) An incumbent electric transmission owner has the right | ||||||
4 | to construct, own, and maintain an electric transmission line | ||||||
5 | that has been approved for construction in a transmission plan | ||||||
6 | and that will connect to facilities that are owned by that | ||||||
7 | incumbent electric transmission owner and are or will be under | ||||||
8 | the functional control of the Midcontinent Independent System | ||||||
9 | Operator. The right to construct, own, and maintain any such | ||||||
10 | electric transmission line that will connect to facilities | ||||||
11 | located in the Midcontinent Independent System Operator region | ||||||
12 | of the State and owned by 2 or more incumbent electric | ||||||
13 | transmission owners belongs individually and proportionally to | ||||||
14 | each incumbent electric transmission owner, unless otherwise | ||||||
15 | agreed upon in writing. An incumbent electric transmission | ||||||
16 | owner shall be permitted to assign its right to construct, | ||||||
17 | own, and maintain an electric transmission line to a | ||||||
18 | transmission affiliate. | ||||||
19 | (c) Nothing in this Section limits the right of any | ||||||
20 | incumbent electric transmission owner to construct, own, and | ||||||
21 | maintain any transmission equipment or facilities that have a | ||||||
22 | capacity of less than 100 kilovolts or of any entity otherwise | ||||||
23 | qualified under this Act to own, operate, and maintain | ||||||
24 | electric transmission facilities that are not approved for | ||||||
25 | construction in a transmission plan or that will not connect | ||||||
26 | to facilities under the functional control of a regional |
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1 | transmission operator. | ||||||
2 | (d) Nothing in this Section shall be construed to impair, | ||||||
3 | abridge, or diminish in any way the powers, rights, and | ||||||
4 | privileges of municipal corporations that are not incumbent | ||||||
5 | electric transmission owners to partner with an incumbent | ||||||
6 | electric transmission owner on the development and ownership | ||||||
7 | of an electric transmission line included in a transmission | ||||||
8 | plan or to develop, construct, own, operate, maintain, | ||||||
9 | upgrade, and renew facilities that are not included in a | ||||||
10 | transmission plan but that are necessary or convenient in the | ||||||
11 | provision of electric service, directly or indirectly, to | ||||||
12 | citizens and businesses located in the service areas of | ||||||
13 | municipal systems as that term is defined in Section 17-100, | ||||||
14 | including the rights of such municipal systems and of | ||||||
15 | municipal power agencies as defined in Section 11-119.1-3 of | ||||||
16 | the Illinois Municipal Code to develop, construct, own, | ||||||
17 | operate, maintain, upgrade, and renew such electric | ||||||
18 | transmission lines and related facilities. | ||||||
19 | (e) Nothing in this Section shall relieve an incumbent | ||||||
20 | electric transmission owner asserting its right to construct | ||||||
21 | an electric transmission line, or its transmission affiliate | ||||||
22 | as applicable, of the requirement to file an application for a | ||||||
23 | certificate of convenience and necessity to the extent | ||||||
24 | otherwise required by this Act. | ||||||
25 | (f) Within 90 days after the later of the effective date of | ||||||
26 | this amendatory Act of the 103rd General Assembly or approval |
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1 | of the construction of an electric transmission line by a | ||||||
2 | regional transmission operator, an incumbent electric | ||||||
3 | transmission owner otherwise authorized to engage in the | ||||||
4 | construction under this Section may provide notice to the | ||||||
5 | Commission and the applicable regional transmission operator | ||||||
6 | indicating it will not construct any or all of the electric | ||||||
7 | transmission line so approved, or it will assign any or all of | ||||||
8 | the construction to a transmission affiliate. If the notice is | ||||||
9 | given and indicates the notifying incumbent electric | ||||||
10 | transmission owner or its transmission affiliate will not | ||||||
11 | construct any or all of the electric transmission line so | ||||||
12 | approved, the incumbent electric transmission owner shall | ||||||
13 | indicate the reason for that election, and the Commission may | ||||||
14 | grant permission and approval for such construction to another | ||||||
15 | entity otherwise qualified to own and operate the electric | ||||||
16 | transmission line pursuant to this Act. ".
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