Bill Text: IL HB3113 | 2021-2022 | 102nd General Assembly | Enrolled

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-Enrolled.html

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5Section 8-508 as follows:
6 (220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
7 Sec. 8-508. No public utility shall abandon or discontinue
8any service or, in the case of an electric utility, make any
9modification as herein defined, without first having secured
10the approval of the Commission, except in case of assignment,
11transfer, lease or sale of the whole or any part of its
12franchises, licenses, permits, plant, equipment, business, or
13other property to any political subdivision or municipal
14corporation of this State. In the case of the assignment,
15transfer, lease or sale, in whole or in part, of any franchise,
16license, permit, plant, equipment, business or other property
17to any political subdivision or municipal corporation of this
18State, the public utility shall notify the Commission of such
19transaction. "Modification" as used in this Section means any
20change of fuel type which would result in an annual net
21systemwide decreased use of 10% or more of coal mined in
22Illinois. The Commission shall conduct public hearings on any
23request by a public utility to make such modification and

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1shall accept testimony from interested parties qualified to
2provide evidence regarding the cost or cost savings of the
3proposed modification as compared with the cost or cost
4savings of alternative actions by the utility and shall
5consider the impact on employment related to the production of
6coal in Illinois. Such hearings shall be commenced no later
7than 30 days after the filing of the request by the public
8utility and shall be concluded within 120 days from the date of
9filing. The Commission must issue its final determination
10within 60 days of the conclusion of the hearing. In making its
11determination the Commission shall attach primary weight to
12the cost or cost savings to the customers of the utility. In
13granting its approval, the Commission may impose such terms,
14conditions or requirements as in its judgment are necessary to
15protect the public interest. Provided, however, that any
16public utility abandoning or discontinuing service in
17pursuance of authority granted by the Commission shall be
18deemed to have waived any and all objections to the terms,
19conditions or requirements imposed by the Commission in that
20regard. Provided, further, that nothing in this Section shall
21be construed to limit the right of a public utility to
22discontinue service to individual patrons in accordance with
23the effective rules, regulations, and practices of such public
25 The Commission, after a hearing upon its own motion or
26upon petition of any public utility, shall have power by order

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1to authorize or require any public utility to curtail or
2discontinue service to individual customers or classes
3thereof, or for specific purposes or uses, and otherwise to
4regulate the furnishing of service, provided that preference
5for service shall be given to those customers serving
6essential human needs and governmental agencies performing law
7enforcement functions, whenever and to the extent such action
8is required by the convenience and necessity of the public
9during time of war, invasion, insurrection or martial law, or
10by reason of a catastrophe, emergency, or shortage of fuel,
11supplies or equipment employed or service furnished by such
12public utility; provided, however, that an interim order,
13effective for a period not exceeding 45 15 days, may be made
14without a hearing if the circumstances do not reasonably
15permit the holding of a hearing. Orders for the curtailment or
16discontinuance of service pursuant to this paragraph shall not
17be continued in effect for any period beyond that which is
18reasonably necessary, shall be vacated by the Commission as
19soon as public convenience and necessity permit, and shall
20include such arrangements for substitute service in the
21interim as the Commission in its judgment may impose. Every
22such order, during the period it is in effect and for such
23further period, if any, as the Commission may provide, shall
24have the effect of suspending the operation of all prior
25orders or parts of orders of the Commission inconsistent
26therewith. No public utility shall be held liable for any

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1damage resulting from any action taken, or any omission to
2act, pursuant to or in compliance with any order under this
3paragraph for the curtailment or discontinuance of service
4unless such order was procured by the fraud of the public
6(Source: P.A. 100-840, eff. 8-13-18.)