Bill Text: IL HB4366 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Provides that a large public utility, in its application to acquire a water or sewer utility or any other application requesting approval of an acquisition of a water or sewer utility, may request that the Illinois Commerce Commission expedite its review and issue an order within an expedited timeframe. Provides that, if, in its application, a large public utility requests an expedited review, the administrative law judge shall issue a ruling approving or denying expedited review within 30 days of the filing of the application. Provides that the large public utility, in its application, shall establish evidence that the expedited review is necessary based upon specified factors. Provides that, if, after hearing, the administrative law judge grants expedited review, and subject to the Commission's rules on interlocutory review, the Commission shall issue its final order no later than 5 months after the date of the administrative law judge's ruling. Provides that the Commission may adopt rules to implement the provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-12 - Added Co-Sponsor Rep. Edgar Gonzalez, Jr. [HB4366 Detail]

Download: Illinois-2023-HB4366-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4366 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
220 ILCS 5/9-210.7 new
Amends the Public Utilities Act. Provides that a large public utility, in its application to acquire a water or sewer utility or any other application requesting approval of an acquisition of a water or sewer utility, may request that the Illinois Commerce Commission expedite its review and issue an order within an expedited timeframe. Provides that, if, in its application, a large public utility requests an expedited review, the administrative law judge shall issue a ruling approving or denying expedited review within 30 days of the filing of the application. Provides that the large public utility, in its application, shall establish evidence that the expedited review is necessary based upon specified factors. Provides that, if, after hearing, the administrative law judge grants expedited review, and subject to the Commission's rules on interlocutory review, the Commission shall issue its final order no later than 5 months after the date of the administrative law judge's ruling. Provides that the Commission may adopt rules to implement the provisions. Effective immediately.
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A BILL FOR
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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 adding
Section 9-210.7 as follows:
(220 ILCS 5/9-210.7 new)
Sec. 9-210.7. Expedited review of a water or sewer utility
acquisition.
(a) As used in this Section, "large public utility" and
"water or sewer utility" have the meaning set forth in Section
9-210.5.
(b) A large public utility, in its application to acquire
a water or sewer utility as described in Section 9-210.5 or any
other application requesting approval of an acquisition of a
water or sewer utility, may request that the Commission
expedite its review and issue an order within an expedited
timeframe set forth in subsection (c). If, in its application,
a large public utility requests an expedited review, the
administrative law judge shall issue a ruling approving or
denying expedited review within 30 days of the filing of the
application. In support of its request for expedited review,
the large public utility, in its application, shall present
evidence, which the administrative law judge shall consider,

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that the expedited review is necessary based upon factors that
include, but are not limited to, the following:
(1) the subject water or sewer utility infrastructure
is in need of immediate improvements for the health and
safety of the customers or residents;
(2) the subject water or sewer utility has pending
violations with the Illinois Environmental Protection
Agency or any other environmental regulatory agency;
(3) the number of customers or residents served by the
subject water or sewer utility;
(4) whether the subject water or sewer utility has
made an affirmation to the Commission included in the
large public utility's application that the subject water
or sewer utility can no longer operate efficiently in
order to provide safe and reliable water or sewer service
to its customers or residents; and
(5) any other evidence in support of the applicant's
position that the customers or residents of the subject
water or sewer utility are not being provided safe and
reliable water or sewer service.
(c) If, after hearing, the administrative law judge grants
expedited review as requested under subsection (b), and
subject to the Commission's rules on interlocutory review, the
Commission shall issue its final order no later than 5 months
after the date of the administrative law judge's ruling.
(d) The Commission may adopt rules to implement this

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Section.