Bill Amendment: IL HB4803 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTRIC TRANSMISSION SITING

Status: 2026-04-17 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4803 Detail]

Download: Illinois-2025-HB4803-House_Amendment_002.html

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Rep. Dave Vella

Filed: 4/15/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4803
AMENDMENT NO. ______. Amend House Bill 4803, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the
Electric Transmission Highway Colocation Act.
Section 5. Definitions. As used in this Section:
"Agency" means the Department of Transportation or the
Illinois State Toll Highway Authority, depending on which
entity a public utility is seeking a right-of-way from.
"Authority" means the Illinois State Toll Highway
Authority.
"Department" means the Illinois Department of
Transportation.
"Highway" has the meaning given to that term in Section
2-202 of the Illinois Highway Code.

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"High-voltage electric service line" has the meaning given
to that term in Section 8-406 of the Public Utilities Act.
"High-voltage transmission infrastructure" means poles,
wires, cable, or any physical infrastructure associated with a
high-voltage electric service line.
"Public utility" has the meaning given to that term in
Section 3-105 of the Public Utilities Act.
"Secretary" means the Secretary of Transportation.
Section 10. High-voltage transmission line colocation
requests.
(a) A public utility may construct, place, or maintain a
high-voltage electric service line on a public right-of-way or
along a highway if (i) the public utility submits to the
Secretary or the Authority a colocation request for the
high-voltage electric service line, (ii) the Secretary or the
Authority reviews and approves the colocation request, and
(iii) the Federal Highway Administration does not express
objection to the request.
(b) The Secretary or the Authority may deny a colocation
request under this Section if the Secretary or the Authority
determines that the construction, placement, or maintenance of
a high-voltage electric service line on a public right-of-way
or along a highway would endanger public safety, would
decrease the efficacy or efficiency of the State's
transportation network, would prevent possible system

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expansion, would interfere with other public assets, would
interfere with the optimal function of the highway, or would
interfere with any current or future Agency project.
(c) If the Secretary or the Authority denies a colocation
request under this Section, the Secretary or the Authority
shall submit the reasons for the denial to the Director of the
Environmental Protection Agency, the Executive Director of the
Commission, and the Director of Commerce and Economic
Opportunity within 90 days after the issuance of the denial.
Section 15. Consultation and constructability report.
(a) A public utility may submit a written request, signed
by a professional engineer who is qualified to perform
engineering design with the Agency, to the Department or the
Authority for an evaluation of corridors for possible
locations for a high-voltage electric service line. The Agency
shall evaluate each request and respond to the applicable
public utility.
(b) The Department or the Authority shall inform a public
utility about any of the Department's or the Authority's
current plans or projects that could impact the public
utility's potential construction or placement of a
high-voltage electric service line within a corridor.
(c) After an evaluation under subsection (a) identifies an
acceptable location within a corridor, a public utility, in
consultation with the Department or the Authority, shall

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develop a constructability report. The public utility shall be
assisted by a professional engineer who is qualified to
perform engineering design with the Agency. The
constructability report shall include (i) the terms and
conditions for the siting of the high-voltage electric service
line to account for the safety, operability, and maintenance
of highways operated by the Department and the Authority, (ii)
a plan for addressing and mitigating the impacts of induced
voltage, and (iii) a plan for the maintenance of the
high-voltage transmission infrastructure, including access,
traffic control, vegetation control, and restoration of the
right-of-way. The Department or the Authority shall issue a
permit to the public utility for the use of a public
right-of-way within the corridor for the siting of a
high-voltage electric service line only after a
constructability report is approved by the Department or the
Authority and the public utility.
(d) A public utility and the Agency shall follow the terms
and conditions of the approved constructability report during
the planning and approval process for the siting of a
high-voltage electric service line.
Section 20. Relocation and removal. If at any point the
Agency finds that a public utility is not meeting prescribed
standards set out in a constructability report, the public
utility must take corrective action within a timely manner, as

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set out in the constructability report. If the Agency is not
satisfied with the public utility's corrective action and
progress, the Agency may revoke the permit provided to the
public utility and any operation of the high-voltage
transmission infrastructure must cease.
Section 25. Project labor agreements. High-voltage
electric service lines and related facilities constructed or
placed on a public right-of-way or along a highway in
accordance with this Act shall be built by general contractors
who have entered into a project labor agreement prior to
construction.
Section 30. Rules. The Department and the Authority may
adopt rules for the implementation of this Act.
Section 35. The Public Utilities Act is amended by
changing Sections 8-406 and 8-406.1 as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
(Text of Section before amendment by P.A. 104-458)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of

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July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission, or the
Public Utilities Commission, at the time Public Act 84-617
goes into effect (January 1, 1986), shall transact any
business in this State until it shall have obtained a
certificate from the Commission that public convenience and
necessity require the transaction of such business. A
certificate of public convenience and necessity requiring the
transaction of public utility business in any area of this
State shall include authorization to the public utility
receiving the certificate of public convenience and necessity
to construct such plant, equipment, property, or facility as
is provided for under the terms and conditions of its tariff
and as is necessary to provide utility service and carry out
the transaction of public utility business by the public
utility in the designated area.
(b) No public utility shall begin the construction of any
new plant, equipment, property, or facility which is not in
substitution of any existing plant, equipment, property, or
facility, or any extension or alteration thereof or in
addition thereto, unless and until it shall have obtained from
the Commission a certificate that public convenience and
necessity require such construction. Whenever after a hearing
the Commission determines that any new construction or the
transaction of any business by a public utility will promote

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the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the least
cost means of satisfying those objectives; (2) that the
utility is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed
construction without significant adverse financial
consequences for the utility or its customers.
(b-5) As used in this subsection (b-5):
"Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
"Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one
Illinois border, the Illinois portion of which is physically

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located within the region of the Midcontinent Independent
System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345
kilovolts or above, and may also include associated
interconnected alternating current interconnection facilities
in this State that are part of the proposed project and
reasonably necessary to connect the project with other
portions of the grid.
Notwithstanding any other provision of this Act, a
qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before
December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct
current applicant and the proposed qualifying direct current

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project satisfy the requirements of this subsection and
otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct
3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or
both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to
satisfy, and the Commission shall find that it satisfies, the

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criteria stated in item (1) of subsection (b) of this Section
or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional
transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current
applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
(c) As used in this subsection (c):
"Decommissioning" has the meaning given to that term in
subsection (a) of Section 8-508.1.

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"Nuclear power reactor" has the meaning given to that term
in Section 8 of the Nuclear Safety Law of 2004.
After the effective date of this amendatory Act of the
103rd General Assembly, no construction shall commence on any
new nuclear power reactor with a nameplate capacity of more
than 300 megawatts of electricity to be located within this
State, and no certificate of public convenience and necessity
or other authorization shall be issued therefor by the
Commission, until the Illinois Emergency Management Agency and
Office of Homeland Security, in consultation with the Illinois
Environmental Protection Agency and the Illinois Department of
Natural Resources, 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. Beginning January 1, 2026, construction may commence
on a new nuclear power reactor with a nameplate capacity of 300
megawatts of electricity or less within this State if the
entity constructing the new nuclear power reactor has obtained
all permits, licenses, permissions, or approvals governing the
construction, operation, and funding of decommissioning of
such nuclear power reactors required by: (1) this Act; (2) any
rules adopted by the Illinois Emergency Management Agency and
Office of Homeland Security under the authority of this Act;
(3) any applicable federal statutes, including, but not

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limited to, the Atomic Energy Act of 1954, the Energy
Reorganization Act of 1974, the Low-Level Radioactive Waste
Policy Amendments Act of 1985, and the Energy Policy Act of
1992; (4) any regulations promulgated or enforced by the U.S.
Nuclear Regulatory Commission, including, but not limited to,
those codified at Title X, Parts 20, 30, 40, 50, 70, and 72 of
the Code of Federal Regulations, as from time to time amended;
and (5) any other federal or State statute, rule, or
regulation governing the permitting, licensing, operation, or
decommissioning of such nuclear power reactors. None of the
rules developed by the Illinois Emergency Management Agency
and Office of Homeland Security or any other State agency,
board, or commission pursuant to this Act shall be construed
to supersede the authority of the U.S. Nuclear Regulatory
Commission. The changes made by this amendatory Act of the
103rd General Assembly shall not apply to the uprate, renewal,
or subsequent renewal of any license for an existing nuclear
power reactor that began operation prior to the effective date
of this amendatory Act of the 103rd General Assembly.
None of the changes made in this amendatory Act of the
103rd General Assembly are intended to authorize the
construction of nuclear power plants powered by nuclear power
reactors that are not either: (1) small modular nuclear
reactors; or (2) nuclear power reactors licensed by the U.S.
Nuclear Regulatory Commission to operate in this State prior
to the effective date of this amendatory Act of the 103rd

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General Assembly.
(d) In making its determination under subsection (b) of
this Section, the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may
affect such cost or cost savings, including the public
utility's engineering judgment regarding the materials used
for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending
the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.

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No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under the Electric
Supplier Act.
(f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof, authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.
No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 100,000 or more. For
purposes of this subsection (g), a public utility may do any of
the following:
(1) replace or upgrade any existing high voltage

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electric service line and related facilities,
notwithstanding its length;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and
related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will pass under or over the premises owned
by the customer or generator to be served or under or over
premises for which the customer or generator has secured
the necessary right of way.
(h) A public utility seeking to construct a high-voltage
electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for
3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission

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line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.
Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.
(h-5) A public utility seeking to construct a high-voltage
electric service line and related facilities must also show
that the Project has complied with training and competence
requirements under subsection (b) of Section 15 of the
Electric Transmission Systems Construction Standards Act.
(h-10) A public utility may be permitted to use highway
corridors for the purposes of constructing a high-voltage
electric service line and related facilities.
(h-15) A public utility seeking to construct a
high-voltage electric service line and related facilities must
consider corridors of development in the following order of
priority:
(1) existing utility corridors, where adding new lines
or making improvements to existing lines can achieve

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expanded electric capacity at the lowest possible cost;
(2) highway corridors; and
(3) new utility corridors.
Consideration of corridors shall be done, to the greatest
extent possible, in a manner that accounts for economic and
engineering considerations, the reliability of the electric
system, and the protection of the environment.
(i) For applications filed after August 18, 2015 (the
effective date of Public Act 99-399), the Commission shall, by
certified mail, notify each owner of record of land, as
identified in the records of the relevant county tax assessor,
included in the right-of-way over which the utility seeks in
its application to construct a high-voltage electric line of
the time and place scheduled for the initial hearing on the
public utility's application. The utility shall reimburse the
Commission for the cost of the postage and supplies incurred
for mailing the notice.
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
102-813, eff. 5-13-22; 102-931, eff. 5-27-22; 103-569, eff.
6-1-24; 103-1066, eff. 2-20-25.)
(Text of Section after amendment by P.A. 104-458)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in

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furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission, or the
Public Utilities Commission, at the time Public Act 84-617
goes into effect (January 1, 1986), shall transact any
business in this State until it shall have obtained a
certificate from the Commission that public convenience and
necessity require the transaction of such business. A
certificate of public convenience and necessity requiring the
transaction of public utility business in any area of this
State shall include authorization to the public utility
receiving the certificate of public convenience and necessity
to construct such plant, equipment, property, or facility as
is provided for under the terms and conditions of its tariff
and as is necessary to provide utility service and carry out
the transaction of public utility business by the public
utility in the designated area.
(b) No public utility shall begin the construction of any
new plant, equipment, property, or facility which is not in
substitution of any existing plant, equipment, property, or
facility, or any extension or alteration thereof or in
addition thereto, unless and until it shall have obtained from
the Commission a certificate that public convenience and
necessity require such construction. Whenever after a hearing
the Commission determines that any new construction or the

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transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the
least-cost means of satisfying those objectives; (2) that the
utility is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed
construction without significant adverse financial
consequences for the utility or its customers.
(b-5) As used in this subsection (b-5):
"Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
"Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one

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Illinois border, the Illinois portion of which is physically
located within the region of the Midcontinent Independent
System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345
kilovolts or above, and may also include associated
interconnected alternating current interconnection facilities
in this State that are part of the proposed project and
reasonably necessary to connect the project with other
portions of the grid.
Notwithstanding any other provision of this Act, a
qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before
December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct

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current applicant and the proposed qualifying direct current
project satisfy the requirements of this subsection and
otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct
3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or
both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to

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satisfy, and the Commission shall find that it satisfies, the
criteria stated in item (1) of subsection (b) of this Section
or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional
transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current
applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
(c) As used in this subsection (c):
"Decommissioning" has the meaning given to that term in

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subsection (a) of Section 8-508.1.
"Nuclear power reactor" has the meaning given to that term
in Section 8 of the Nuclear Safety Law of 2004.
Beginning January 1, 2026, construction may commence on a
new nuclear power reactor within this State if the entity
constructing the new nuclear power reactor has obtained all
permits, licenses, permissions, or approvals governing the
construction, operation, and funding of decommissioning of
such nuclear power reactors required by: (1) this Act; (2) any
rules adopted by the Illinois Emergency Management Agency and
Office of Homeland Security under the authority of this Act;
(3) any applicable federal statutes, including, but not
limited to, the Atomic Energy Act of 1954, the Energy
Reorganization Act of 1974, the Low-Level Radioactive Waste
Policy Amendments Act of 1985, and the Energy Policy Act of
1992; (4) any regulations promulgated or enforced by the U.S.
Nuclear Regulatory Commission, including, but not limited to,
those codified at Title X, Parts 20, 30, 40, 50, 70, and 72 of
the Code of Federal Regulations, as from time to time amended;
and (5) any other federal or State statute, rule, or
regulation governing the permitting, licensing, operation, or
decommissioning of such nuclear power reactors. None of the
rules developed by the Illinois Emergency Management Agency
and Office of Homeland Security or any other State agency,
board, or commission pursuant to this Act shall be construed
to supersede the authority of the U.S. Nuclear Regulatory

10400HB4803ham002 - 24 - LRB104 16923 AAS 36827 a
Commission. The changes made by this amendatory Act of the
103rd General Assembly shall not apply to the uprate, renewal,
or subsequent renewal of any license for an existing nuclear
power reactor that began operation prior to the effective date
of this amendatory Act of the 103rd General Assembly.
None of the changes made in this amendatory Act of the
104th General Assembly are intended to authorize the
construction of nuclear power plants powered by nuclear power
reactors that are not nuclear power reactors licensed by the
U.S. Nuclear Regulatory Commission to operate in this State.
(d) In making its determination under subsection (b) of
this Section, the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may
affect such cost or cost savings, including the public
utility's engineering judgment regarding the materials used
for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending
the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may

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apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under the Electric
Supplier Act.
(f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof, authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.
No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or

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that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 69,000 or more. For
purposes of this subsection (g), a public utility may do any of
the following:
(1) replace or upgrade any existing high voltage
electric service line and related facilities,
notwithstanding its length or, subject to applicable
Article VII requirements, ownership;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and
related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will (i) pass under or over the premises
owned by the customer or generator to be served; (ii) pass
under or over premises for which the customer or generator
has secured the necessary right-of-way; or (iii) be
multi-circuited with the facilities of the public utility.
(h) A public utility seeking to construct a high-voltage

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electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for
3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission
line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.
Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.
(h-5) A public utility seeking to construct a high-voltage
electric service line and related facilities must also show
that the Project has complied with training and competence

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requirements under subsection (b) of Section 15 of the
Electric Transmission Systems Construction Standards Act.
(h-10) A public utility may be permitted to use highway
corridors for the purposes of constructing a high-voltage
electric service line and related facilities.
(h-15) A public utility seeking to construct a
high-voltage electric service line and related facilities must
consider corridors of development in the following order of
priority:
(1) existing utility corridors, where adding new lines
or making improvements to existing lines can achieve
expanded electric capacity at the lowest possible cost;
(2) highway corridors; and
(3) new utility corridors.
Consideration of corridors shall be done, to the greatest
extent possible, in a manner that accounts for economic and
engineering considerations, the reliability of the electric
system, and the protection of the environment.
(i) For applications filed after August 18, 2015 (the
effective date of Public Act 99-399), the Commission shall, by
certified mail, notify each owner of record of land, as
identified in the records of the relevant county tax assessor,
included in the right-of-way over which the utility seeks in
its application to construct a high-voltage electric line of
the time and place scheduled for the initial hearing on the
public utility's application. The utility shall reimburse the

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Commission for the cost of the postage and supplies incurred
for mailing the notice.
(j) In determining whether to issue a certificate of
public convenience for a new electric generation facility to a
municipal power agency that is required to obtain such a
certificate to exercise its power of eminent domain pursuant
to Section 11-119.1-10 of the Illinois Municipal Code, the
Commission shall give due consideration to whether a
generation unit of similar size and type is part of the
municipal power agency's preferred portfolio or least-cost
plan for achieving renewable energy goals in its most recent
integrated resource plan, as described in subsection (d) of
Section 1-15 of the Municipal and Cooperative Electric Utility
Transparent Planning Act.
(Source: P.A. 103-569, eff. 6-1-24; 103-1066, eff. 2-20-25;
104-458, eff. 6-1-26.)
(220 ILCS 5/8-406.1)
Sec. 8-406.1. Certificate of public convenience and
necessity; expedited procedure.
(a) A public utility may apply for a certificate of public
convenience and necessity pursuant to this Section for the
construction of any new high voltage electric service line and
related facilities (Project). To facilitate the expedited
review process of an application filed pursuant to this
Section, an application shall include all of the following:

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(1) Information in support of the application that
shall include the following:
(A) A detailed description of the Project,
including location maps and plot plans to scale
showing all major components.
(B) The following engineering data:
(i) a detailed Project description including:
(I) name and destination of the Project;
(II) design voltage rating (kV);
(III) operating voltage rating (kV); and
(IV) normal peak operating current rating;
(ii) a conductor, structures, and substations
description including:
(I) conductor size and type;
(II) type of structures;
(III) height of typical structures;
(IV) an explanation why these structures
were selected;
(V) dimensional drawings of the typical
structures to be used in the Project; and
(VI) a list of the names of all new (and
existing if applicable) substations or
switching stations that will be associated
with the proposed new high voltage electric
service line;
(iii) the location of the site and

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right-of-way including:
(I) miles of right-of-way;
(II) miles of circuit;
(III) width of the right-of-way; and
(IV) a brief description of the area
traversed by the proposed high voltage
electric service line, including a description
of the general land uses in the area and the
type of terrain crossed by the proposed line;
(iv) assumptions, bases, formulae, and methods
used in the development and preparation of the
diagrams and accompanying data, and a technical
description providing the following information:
(I) number of circuits, with
identification as to whether the circuit is
overhead or underground;
(II) the operating voltage and frequency;
and
(III) conductor size and type and number
of conductors per phase;
(v) if the proposed interconnection is an
overhead line, the following additional
information also must be provided:
(I) the wind and ice loading design
parameters;
(II) a full description and drawing of a

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typical supporting structure, including
strength specifications;
(III) structure spacing with typical
ruling and maximum spans;
(IV) conductor (phase) spacing; and
(V) the designed line-to-ground and
conductor-side clearances;
(vi) if an underground or underwater
interconnection is proposed, the following
additional information also must be provided:
(I) burial depth;
(II) type of cable and a description of
any required supporting equipment, such as
insulation medium pressurizing or forced
cooling;
(III) cathodic protection scheme; and
(IV) type of dielectric fluid and
safeguards used to limit potential spills in
waterways;
(vii) technical diagrams that provide
clarification of any item under this item (1)
should be included; and
(viii) applicant shall provide and identify a
primary right-of-way and one or more alternate
rights-of-way for the Project as part of the
filing. To the extent applicable, for each

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right-of-way, an applicant shall provide the
information described in this subsection (a). Upon
a showing of good cause in its filing, an
applicant may be excused from providing and
identifying alternate rights-of-way.
(2) An application fee of $100,000, which shall be
paid into the Public Utility Fund at the time the Chief
Clerk of the Commission deems it complete and accepts the
filing.
(3) Information showing that the utility has held a
minimum of 3 pre-filing public meetings to receive public
comment concerning the Project in each county where the
Project is to be located, no earlier than 6 months prior to
the filing of the application. Notice of the public
meeting shall be published in a newspaper of general
circulation within the affected county once a week for 3
consecutive weeks, beginning no earlier than one month
prior to the first public meeting. If the Project
traverses 2 contiguous counties and where in one county
the transmission line mileage and number of landowners
over whose property the proposed route traverses is 1/5 or
less of the transmission line mileage and number of such
landowners of the other county, then the utility may
combine the 3 pre-filing meetings in the county with the
greater transmission line mileage and affected landowners.
All other requirements regarding pre-filing meetings shall

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apply in both counties. Notice of the public meeting,
including a description of the Project, must be provided
in writing to the clerk of each county where the Project is
to be located. A representative of the Commission shall be
invited to each pre-filing public meeting.
For applications filed after the effective date of this
amendatory Act of the 99th General Assembly, the Commission
shall, by certified mail, notify each owner of record of the
land, as identified in the records of the relevant county tax
assessor, included in the primary or alternate rights-of-way
identified in the utility's application of the time and place
scheduled for the initial hearing upon the public utility's
application. The utility shall reimburse the Commission for
the cost of the postage and supplies incurred for mailing the
notice.
(b) At the first status hearing the administrative law
judge shall set a schedule for discovery that shall take into
consideration the expedited nature of the proceeding.
(c) Nothing in this Section prohibits a utility from
requesting, or the Commission from approving, protection of
confidential or proprietary information under applicable law.
The public utility may seek confidential protection of any of
the information provided pursuant to this Section, subject to
Commission approval.
(d) The public utility shall publish notice of its
application in the official State newspaper within 10 days

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following the date of the application's filing.
(e) The public utility shall establish a dedicated website
for the Project 3 weeks prior to the first public meeting and
maintain the website until construction of the Project is
complete. The website address shall be included in all public
notices.
(f) The Commission shall, after notice and hearing, grant
a certificate of public convenience and necessity filed in
accordance with the requirements of this Section if, based
upon the application filed with the Commission and the
evidentiary record, it finds the Project will promote the
public convenience and necessity and that all of the following
criteria are satisfied:
(1) That the Project is necessary to provide adequate,
reliable, and efficient service to the public utility's
customers and is the least-cost means of satisfying the
service needs of the public utility's customers or that
the Project will promote the development of an effectively
competitive electricity market that operates efficiently,
is equitable to all customers, and is the least cost means
of satisfying those objectives.
(2) That the public utility is capable of efficiently
managing and supervising the construction process and has
taken sufficient action to ensure adequate and efficient
construction and supervision of the construction.
(3) That the public utility is capable of financing

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the proposed construction without significant adverse
financial consequences for the utility or its customers.
(4) That the Project has complied with training and
competence and Diversity Plan requirements under
subsections (b) and (d) of Section 15 of the Electric
Transmission Systems Construction Standards Act.
(g) The Commission shall issue its decision with findings
of fact and conclusions of law granting or denying the
application no later than 150 days after the application is
filed. The Commission may extend the 150-day deadline upon
notice by an additional 75 days if, on or before the 30th day
after the filing of the application, the Commission finds that
good cause exists to extend the 150-day period.
(h) In the event the Commission grants a public utility's
application for a certificate pursuant to this Section, the
public utility shall pay a one-time construction fee to each
county in which the Project is constructed within 30 days
after the completion of construction. The construction fee
shall be $20,000 per mile of high voltage electric service
line constructed in that county, or a proportionate fraction
of that fee. The fee shall be in lieu of any permitting fees
that otherwise would be imposed by a county. Counties
receiving a payment under this subsection (h) may distribute
all or portions of the fee to local taxing districts in that
county.
(i) Notwithstanding any other provisions of this Act, a

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decision granting a certificate under this Section shall
include an order pursuant to Section 8-503 of this Act
authorizing or directing the construction of the high voltage
electric service line and related facilities as approved by
the Commission, in the manner and within the time specified in
said order.
(j) A public utility may be permitted to use highway
corridors for the purposes of constructing a high-voltage
electric service line and related facilities for the purposes
of this Section.
(j-5) A public utility seeking to construct a high-voltage
electric service line and related facilities must consider
corridors of development in the following order of priority:
(1) existing utility corridors, where adding new lines
or making improvements to existing lines can achieve
expanded electric capacity at the lowest possible cost;
(2) highway corridors; and
(3) new utility corridors.
Consideration of corridors shall be done, to the greatest
extent possible, in a manner that accounts for economic and
engineering considerations, the reliability of the electric
system, and the protection of the environment.
(Source: P.A. 102-931, eff. 5-27-22; 103-1066, eff. 2-20-25.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text

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that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".