093_HB1299

 
                                     LRB093 03546 LRD 03575 b

 1        AN ACT in relation to utilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   This Act shall be known and may be cited as
 5    the Utility Consumer Impact Note Act.

 6        Section 5.  Applicability.
 7        (a)  Every bill that amends the Public Utilities Act, the
 8    purpose or  effect  of  which  is  to  directly  increase  or
 9    decrease  the  retail or wholesale prices of utility products
10    or services, impact the quality of the service of any  public
11    utility,  or  impact  jobs in the utility industry shall have
12    prepared for it,  before  second  reading  in  the  house  of
13    introduction,  a  brief  explanatory  statement  or note that
14    shall include a reliable estimate of the anticipated impact.
15        (b)  Every proposed rule of an  agency,  the  purpose  or
16    effect  of  which  is  to  directly  increase or decrease the
17    retail or wholesale prices of utility  products  or  service,
18    impact  the  quality of the service of any public utility, or
19    impact jobs in the utility industry, shall have prepared  for
20    it,  before approval by the Joint Committee on Administrative
21    Rules pursuant to the Illinois Administrative Procedure  Act,
22    a  brief  explanatory  statement or note that shall include a
23    reliable estimate of the anticipated impact.  As used in this
24    Act, "rule" and "agency" have the same  meanings  as  in  the
25    Illinois Administrative Procedure Act.
26        (c)  These  statements or notes shall be known as utility
27    consumer impact notes.

28        Section 10.  Preparation.  The sponsor of  each  bill  or
29    the  agency proposing a rule to which Section 5 applies shall
30    present a copy of the bill or proposed rule, with the request
 
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 1    for a utility consumer impact note, to the Illinois  Commerce
 2    Commission.   The  utility  consumer  impact  note  shall  be
 3    prepared by the Illinois Commerce Commission and submitted to
 4    the sponsor of the bill or the agency within 5 calendar days,
 5    except  that  whenever,  because  of  the  complexity  of the
 6    measure, additional time is required for the  preparation  of
 7    the  utility  consumer  impact  note,  the  Illinois Commerce
 8    Commission may inform the sponsor of the bill or the  agency,
 9    and  the  sponsor  or  agency may approve an extension of the
10    time within which the note is to be submitted, not to extend,
11    however, beyond May 15 following the  date  of  the  request.
12    The Illinois Commerce Commission may seek assistance from the
13    Lieutenant  Governor in the preparation of a utility consumer
14    impact note.  If neither the Illinois Commerce Commission nor
15    the Lieutenant Governor prepares a  utility  consumer  impact
16    note within 15 days of the sponsor's request, the sponsor may
17    draft  the  utility consumer impact note.  If, in the opinion
18    of the Illinois Commerce Commission,  there  is  insufficient
19    information to prepare a reliable estimate of the anticipated
20    impact,  a  statement  to  that effect can be filed and shall
21    meet the requirements of this Act.

22        Section 15.  Vote on necessity of utility consumer impact
23    notes. Whenever the sponsor of any bill  is  of  the  opinion
24    that  no utility consumer impact note is required, any member
25    of either house may request that a note be obtained,  and  in
26    that  case  the applicability of this Act shall be decided by
27    the majority of those present and  voting  in  the  house  of
28    which the sponsor is a member.

29        Section  20.  Requisites and contents.  The note shall be
30    factual in nature, as brief and concise as may be, and  shall
31    provide  a reliable estimate in dollars, and, in addition, it
32    shall include both the immediate effect and, if  determinable
 
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 1    or  reasonably  foreseeable,  the  long  range  effect of the
 2    measure.  If, after careful investigation, it  is  determined
 3    that no dollar estimate is possible, the note shall contain a
 4    statement  to  that  effect, setting forth the reasons why no
 5    dollar estimate can be given.  A brief summary or work  sheet
 6    of  computations  used in arriving at utility consumer impact
 7    note figures shall be included.

 8        Section 25.  Comment or opinion; technical or  mechanical
 9    defects.  No  comment  or  opinion  shall  be included in the
10    utility consumer impact note with regard to the merits of the
11    measure  for  which  the  utility  consumer  impact  note  is
12    prepared; however, technical or  mechanical  defects  may  be
13    noted.

14        Section  30.  Appearance of State officials and employees
15    in support of or opposition to measure.  The preparation of a
16    utility consumer impact note for any bill  or  proposed  rule
17    shall  not  preclude  or  restrict  the appearance before any
18    committee of  the  General  Assembly,  or  before  the  Joint
19    Committee   on  Administrative  Rules,  of  any  official  or
20    authorized employee of the Illinois Commerce  Commission  who
21    desires  to  be  heard  in support of or in opposition to the
22    measure.

23        Section 35.  Amendment of bill necessitating statement of
24    fiscal effect of proposed amendment.  Whenever any  committee
25    of  either house reports any bill with an amendment that will
26    substantially  affect  the  figures  stated  in  the  utility
27    consumer impact note attached to the measure at the  time  of
28    its  referral  to the committee, there shall be included with
29    the report of the committee a statement of the effect of  the
30    change  proposed  by  the  amendment reported if desired by a
31    majority of the committee.  Whenever any bill is  amended  on
 
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 1    the floor of either house to substantially affect the figures
 2    as stated in the utility consumer impact note attached to the
 3    bill  before the amendment, a majority of the members of that
 4    house may propose that  no  action  shall  be  taken  on  the
 5    amendment  until the sponsor of the amendment presents to the
 6    members a statement of the utility  consumer  impact  of  the
 7    proposed amendment.