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

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-Chaptered.html

Public Act 102-0457
HB3113 EnrolledLRB102 13773 SPS 19123 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 8-508 as follows:
(220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
Sec. 8-508. No public utility shall abandon or discontinue
any service or, in the case of an electric utility, make any
modification as herein defined, without first having secured
the approval of the Commission, except in case of assignment,
transfer, lease or sale of the whole or any part of its
franchises, licenses, permits, plant, equipment, business, or
other property to any political subdivision or municipal
corporation of this State. In the case of the assignment,
transfer, lease or sale, in whole or in part, of any franchise,
license, permit, plant, equipment, business or other property
to any political subdivision or municipal corporation of this
State, the public utility shall notify the Commission of such
transaction. "Modification" as used in this Section means any
change of fuel type which would result in an annual net
systemwide decreased use of 10% or more of coal mined in
Illinois. The Commission shall conduct public hearings on any
request by a public utility to make such modification and
shall accept testimony from interested parties qualified to
provide evidence regarding the cost or cost savings of the
proposed modification as compared with the cost or cost
savings of alternative actions by the utility and shall
consider the impact on employment related to the production of
coal in Illinois. Such hearings shall be commenced no later
than 30 days after the filing of the request by the public
utility and shall be concluded within 120 days from the date of
filing. The Commission must issue its final determination
within 60 days of the conclusion of the hearing. In making its
determination the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. In
granting its approval, the Commission may impose such terms,
conditions or requirements as in its judgment are necessary to
protect the public interest. Provided, however, that any
public utility abandoning or discontinuing service in
pursuance of authority granted by the Commission shall be
deemed to have waived any and all objections to the terms,
conditions or requirements imposed by the Commission in that
regard. Provided, further, that nothing in this Section shall
be construed to limit the right of a public utility to
discontinue service to individual patrons in accordance with
the effective rules, regulations, and practices of such public
The Commission, after a hearing upon its own motion or
upon petition of any public utility, shall have power by order
to authorize or require any public utility to curtail or
discontinue service to individual customers or classes
thereof, or for specific purposes or uses, and otherwise to
regulate the furnishing of service, provided that preference
for service shall be given to those customers serving
essential human needs and governmental agencies performing law
enforcement functions, whenever and to the extent such action
is required by the convenience and necessity of the public
during time of war, invasion, insurrection or martial law, or
by reason of a catastrophe, emergency, or shortage of fuel,
supplies or equipment employed or service furnished by such
public utility; provided, however, that an interim order,
effective for a period not exceeding 45 15 days, may be made
without a hearing if the circumstances do not reasonably
permit the holding of a hearing. Orders for the curtailment or
discontinuance of service pursuant to this paragraph shall not
be continued in effect for any period beyond that which is
reasonably necessary, shall be vacated by the Commission as
soon as public convenience and necessity permit, and shall
include such arrangements for substitute service in the
interim as the Commission in its judgment may impose. Every
such order, during the period it is in effect and for such
further period, if any, as the Commission may provide, shall
have the effect of suspending the operation of all prior
orders or parts of orders of the Commission inconsistent
therewith. No public utility shall be held liable for any
damage resulting from any action taken, or any omission to
act, pursuant to or in compliance with any order under this
paragraph for the curtailment or discontinuance of service
unless such order was procured by the fraud of the public
(Source: P.A. 100-840, eff. 8-13-18.)