Bill Text: IL HB3113 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may issue an interim order to authorize or require any public utility to curtail or discontinue service and otherwise regulate the furnishing of service in specified emergency circumstances, effective for a period not exceeding 45 days (rather than 15 days), if the circumstances do not reasonably permit the holding of a hearing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0457 [HB3113 Detail]
Download: Illinois-2021-HB3113-Introduced.html
Bill Title: Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may issue an interim order to authorize or require any public utility to curtail or discontinue service and otherwise regulate the furnishing of service in specified emergency circumstances, effective for a period not exceeding 45 days (rather than 15 days), if the circumstances do not reasonably permit the holding of a hearing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0457 [HB3113 Detail]
Download: Illinois-2021-HB3113-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 8-508 as follows:
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6 | (220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
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7 | Sec. 8-508.
No public utility shall
abandon or discontinue | |||||||||||||||||||
8 | any service or, in the case of an electric utility,
make any | |||||||||||||||||||
9 | modification as herein defined, without first having secured | |||||||||||||||||||
10 | the
approval of the Commission, except in case of assignment, | |||||||||||||||||||
11 | transfer,
lease or sale of the whole or any part of its | |||||||||||||||||||
12 | franchises, licenses,
permits, plant, equipment, business, or | |||||||||||||||||||
13 | other property to any political
subdivision or municipal | |||||||||||||||||||
14 | corporation of this State. In the case of the
assignment, | |||||||||||||||||||
15 | transfer, lease or sale, in whole or in part, of any franchise,
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16 | license, permit, plant, equipment, business or other property | |||||||||||||||||||
17 | to any
political subdivision or municipal corporation of this | |||||||||||||||||||
18 | State, the public
utility shall notify the Commission of such | |||||||||||||||||||
19 | transaction. "Modification" as
used in this Section means any | |||||||||||||||||||
20 | change of fuel type which would result in an
annual net | |||||||||||||||||||
21 | systemwide decreased use of 10% or more of coal mined in | |||||||||||||||||||
22 | Illinois.
The Commission shall conduct public hearings on any | |||||||||||||||||||
23 | request by a public
utility to make such modification and |
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1 | shall accept testimony from interested
parties qualified to | ||||||
2 | provide evidence regarding the cost or cost savings
of the | ||||||
3 | proposed modification as compared with the cost or cost | ||||||
4 | savings of
alternative actions by the utility and shall | ||||||
5 | consider the impact on employment
related to the production of | ||||||
6 | coal in Illinois. Such hearings shall be commenced
no later | ||||||
7 | than 30 days after the filing of the request by the public | ||||||
8 | utility
and shall be concluded within 120 days from the date of | ||||||
9 | filing. The Commission
must issue its final determination | ||||||
10 | within 60 days of the conclusion of the
hearing. In making its | ||||||
11 | determination the Commission shall attach primary
weight to | ||||||
12 | the cost or cost savings to the customers of the utility. In
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13 | granting its approval, the Commission may impose such terms, | ||||||
14 | conditions
or requirements as in its judgment are necessary to | ||||||
15 | protect the public
interest. Provided, however, that any | ||||||
16 | public utility abandoning or
discontinuing service in | ||||||
17 | pursuance of authority granted by the
Commission shall be | ||||||
18 | deemed to have waived any and all objections to the
terms, | ||||||
19 | conditions or requirements imposed by the Commission in that
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20 | regard. Provided, further, that nothing in this Section shall | ||||||
21 | be
construed to limit the right of a public utility to | ||||||
22 | discontinue service
to individual patrons in accordance with | ||||||
23 | the effective rules,
regulations, and practices of such public | ||||||
24 | utility.
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25 | The Commission, after a hearing upon its own motion or | ||||||
26 | upon petition
of any public utility, shall have power by order |
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1 | to authorize or require
any public utility to curtail or | ||||||
2 | discontinue service to individual
customers or classes | ||||||
3 | thereof, or for specific purposes or uses, and
otherwise to | ||||||
4 | regulate the furnishing of service, provided that preference
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5 | for service shall be given to those customers serving | ||||||
6 | essential human needs and
governmental agencies performing law | ||||||
7 | enforcement functions, whenever and to the
extent such action | ||||||
8 | is required by the convenience and necessity of the
public | ||||||
9 | during time of war, invasion, insurrection or martial law, or | ||||||
10 | by
reason of a catastrophe, emergency, or shortage of fuel, | ||||||
11 | supplies or
equipment employed or service furnished by such | ||||||
12 | public utility;
provided, however, that an interim order, | ||||||
13 | effective for a period not
exceeding 45 15 days, may be made | ||||||
14 | without a hearing if the circumstances do
not reasonably | ||||||
15 | permit the holding of a hearing. Orders for the
curtailment or | ||||||
16 | discontinuance of service pursuant to this paragraph
shall not | ||||||
17 | be continued in effect for any period beyond that which is
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18 | reasonably necessary, shall be vacated by the Commission as | ||||||
19 | soon as
public convenience and necessity permit, and shall | ||||||
20 | include such
arrangements for substitute service in the | ||||||
21 | interim as the Commission in its
judgment may impose. Every | ||||||
22 | such order, during the
period it is in effect and for such | ||||||
23 | further period, if any, as the
Commission may provide, shall | ||||||
24 | have the effect of suspending the
operation of all prior | ||||||
25 | orders or parts of orders of the Commission
inconsistent | ||||||
26 | therewith. No public utility shall be held liable for any
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1 | damage resulting from any action taken, or any omission to | ||||||
2 | act, pursuant
to or in compliance with any order under this | ||||||
3 | paragraph for the
curtailment or discontinuance of service | ||||||
4 | unless such order was procured
by the fraud of the public | ||||||
5 | utility.
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6 | (Source: P.A. 100-840, eff. 8-13-18.)
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