Bill Text: IL SB1726 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Public Utilities Act. Provides that 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 Illinois Commerce Commission. Provides that a public utility seeking to construct a Project shall include with the application for a certificate of public convenience and necessity to the Commission a list containing the name and address of each owner of record of the land included in the primary or alternate rights-of way for the Project as disclosed by the records of the tax collector of the county in which the land is located, as of not more than 30 days prior to the filing of the application. Provides that a public utility seeking to construct a Project may not ask for an easement for more ground than what it has filed with the Commission. Provides that a public utility that has been granted a certificate of public convenience and necessity for the purpose of making land surveys and land use studies shall provide a second notice to the owner of the property, identifying the date and time when land surveys and land use studies will begin on the property and informing the landowner of his or her right to be present when the land surveys or land use studies occur. Provides that the second notice shall also indicate whether the certificate of public convenience and necessity has been granted, whether it has been stayed by a court at the time of surveying, and indicate that, should the certificate of public convenience and necessity not be granted or is stayed by a court, the public utility has no right to enter the property. Provides that the notice shall also clearly indicate the property the public utility wishes to survey, and where the landowner can call to deny permission if the certificate of public convenience and necessity has not been granted or has been stayed by a court. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2015-08-18 - Public Act . . . . . . . . . 99-0399 [SB1726 Detail]

Download: Illinois-2015-SB1726-Enrolled.html

---

SB1726 Enrolled LRB099 07484 HAF 27606 b
AN ACT concerning utilities.
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
Sections 8-406, 8-406.1, and 8-510 as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
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
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 this amendatory Act of 1985
goes into effect, 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.
(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

SB1726 Enrolled - 2 - LRB099 07484 HAF 27606 b
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
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.
(c) After the effective date of this amendatory Act of
1987, no construction shall commence on any new nuclear power
plant to be located within this State, and no certificate of

SB1726 Enrolled - 3 - LRB099 07484 HAF 27606 b
public convenience and necessity or other authorization shall
be issued therefor by the Commission, until the Director of the
Illinois Environmental Protection Agency 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.
As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the
concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
(d) In making its determination, 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

SB1726 Enrolled - 4 - LRB099 07484 HAF 27606 b
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.
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

SB1726 Enrolled - 5 - LRB099 07484 HAF 27606 b
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
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

SB1726 Enrolled - 6 - LRB099 07484 HAF 27606 b
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 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.
(i) For applications filed after the effective date of this
amendatory Act of the 99th General Assembly, the Commission

SB1726 Enrolled - 7 - LRB099 07484 HAF 27606 b
shall by registered 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. 95-700, eff. 11-9-07; 96-1348, eff. 7-28-10.)
(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:
(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:

SB1726 Enrolled - 8 - LRB099 07484 HAF 27606 b
(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
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

SB1726 Enrolled - 9 - LRB099 07484 HAF 27606 b
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
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;

SB1726 Enrolled - 10 - LRB099 07484 HAF 27606 b
(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
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

SB1726 Enrolled - 11 - LRB099 07484 HAF 27606 b
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 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 registered mail notify each owner of record of the

SB1726 Enrolled - 12 - LRB099 07484 HAF 27606 b
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
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

SB1726 Enrolled - 13 - LRB099 07484 HAF 27606 b
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 the
proposed construction without significant adverse
financial consequences for the utility or its customers.
(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

SB1726 Enrolled - 14 - LRB099 07484 HAF 27606 b
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
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.
(Source: P.A. 96-1348, eff. 7-28-10.)
(220 ILCS 5/8-510) (from Ch. 111 2/3, par. 8-510)
Sec. 8-510. Land surveys and land use studies. For the
purpose of making land surveys and land use studies, any public
utility that has been granted a certificate of public
convenience and necessity by, or received an order under

SB1726 Enrolled - 15 - LRB099 07484 HAF 27606 b
Section 8-503 or 8-406.1 of this Act from, the Commission may,
30 days after providing written notice to the owner thereof by
registered mail and after providing a second notice to the
owner of record, as identified in the records of the relevant
county tax assessor, by telephone or electronic mail or by
registered mail in the event the property owner has not been
notified by other means, at least 3 days, but not more than 15
days, prior to the stated date in the notice, identifying the
date when land surveys and land use studies will first begin on
their property and informing the landowner that they or their
agent may be present when the land surveys or land use studies
occur, enter upon the property of any owner who has refused
permission for entrance upon that property, but subject to
responsibility for all damages which may be inflicted thereby.
(Source: P.A. 96-1348, eff. 7-28-10.)