093_SB1409enr

 
SB1409 Enrolled                      LRB093 07751 BDD 07939 b

 1        AN ACT concerning municipalities.

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

 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing Section 11-21.5-5 as follows:

 6        (65 ILCS 5/11-21.5-5)
 7        Sec. 11-21.5-5. Local emergency energy plans.
 8        (a)  Any   municipality,   including    a    home    rule
 9    municipality, may, by ordinance, require any electric utility
10    (i) that serves more than 1,000,000 customers in Illinois and
11    (ii)  that  is  operating  within the corporate limits of the
12    municipality to adopt and to provide the municipality with  a
13    local  emergency  energy  plan.   For  the  purposes  of this
14    Section, (i) "local emergency energy plan" or "plan" means  a
15    planned  course  of  action developed by the electric utility
16    that is implemented when the demand for electricity  exceeds,
17    or  is  at  significant  risk  of  exceeding,  the  supply of
18    electricity available to the electric utility and (ii) "local
19    emergency energy plan ordinance" means an  ordinance  adopted
20    by  the  corporate authorities of the municipality under this
21    Section that requires local emergency energy plans.
22        (b)  A local  emergency  energy  plan  must  include  the
23    following information:
24             (1)  the   circumstances   that  would  require  the
25        implementation of the plan;
26             (2)  the levels or stages of the plan;
27             (3)  the  approximate  geographic  limits  of   each
28        outage area provided for in the plan;
29             (4)  the approximate number of customers within each
30        outage area provided for in the plan;
31             (5)  any    police    facilities,   fire   stations,
 
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 1        hospitals, nursing  homes,  schools,  day  care  centers,
 2        senior  citizens centers, community health centers, blood
 3        banks, dialysis centers, community mental health centers,
 4        correctional  facilities,   stormwater   and   wastewater
 5        treatment  or pumping facilities, water-pumping stations,
 6        buildings in excess of 80 feet in height that  have  been
 7        identified  by  the  municipality,  and  persons  on life
 8        support systems that are known to  the  electric  utility
 9        that   could   be   affected   by   controlled   rotating
10        interruptions of electric service under the plan; and
11             (6)  the   anticipated   sequence  and  duration  of
12        intentional interruptions of  electric  service  to  each
13        outage area under the plan.
14        (c)  A  local emergency energy plan ordinance may require
15    that,  when an electric utility determines it is necessary to
16    implement a  controlled  rotating  interruption  of  electric
17    service  because the demand for electricity exceeds, or is at
18    significant risk of  exceeding,  the  supply  of  electricity
19    available  to  the  electric  utility,  the  electric utility
20    notify a  designated  municipal  officer  that  the  electric
21    utility will be implementing its local emergency energy plan.
22    The  notification  shall  be  made  pursuant  to  a procedure
23    approved by the  municipality  after  consultation  with  the
24    electric utility.
25        (d)  After  providing  the  notice required in subsection
26    (c), an electric  utility  shall  reasonably  and  separately
27    advise  designated  municipal  officials before it implements
28    each level or stage of the plan, which shall  include  (i)  a
29    request for emergency help from neighboring utilities, (ii) a
30    declaration  of  a control area emergency, and (iii) a public
31    appeal for voluntary curtailment of electricity use.
32        (e)  The electric utility must give a separate notice  to
33    a   designated   municipal   official  immediately  after  it
34    determines  that  there  will  be   a   controlled   rotating
 
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 1    interruption  of  electric  service under the local emergency
 2    energy plan.  The notification must include (i) the areas  in
 3    which  service  will  be  interrupted,  (ii) the sequence and
 4    estimated duration of the service outage for each area, (iii)
 5    the  affected  feeders,  and  (iv)  the  number  of  affected
 6    customers in each area.  Whenever practical, the notification
 7    shall be made at  least  2  hours  before  the  time  of  the
 8    outages.   If  the  electric utility is aware that controlled
 9    rotating interruptions may be required, the notification  may
10    not be made less than 30 minutes before the outages.
11        (f)  A  local emergency energy plan ordinance may provide
12    civil  penalties  for  violations  of  its  provisions.   The
13    penalties must be  permitted  under  the  Illinois  Municipal
14    Code.
15        (g)  The  notifications  required  by this Section are in
16    addition to the notification requirements of  any  applicable
17    franchise  agreement  or  ordinance  and  to the notification
18    requirements of any applicable federal or  State  law,  rule,
19    and regulation.
20        (h)  Except  for  any  penalties  or remedies that may be
21    provided in a local emergency energy plan ordinance, in  this
22    Act, or in rules adopted by the Illinois Commerce Commission,
23    nothing   in  this  Section  shall  be  construed  to  impose
24    liability for  or prevent a utility from taking  any  actions
25    that  are  necessary  at  any time, in any order, and with or
26    without notice that are required to preserve the integrity of
27    the electric utility's electrical system  and  interconnected
28    network.
29        (i)  Nothing  in  this  Section, a local emergency energy
30    plan ordinance, or a local emergency energy plan creates  any
31    duty   of  a  municipality  to  any  person  or  entity.   No
32    municipality may be subject to any claim or cause  of  action
33    arising,  directly  or indirectly, from its decision to adopt
34    or to refrain from adopting a  local  emergency  energy  plan
 
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 1    ordinance.   No  municipality  may be subject to any claim or
 2    cause of action arising, directly or indirectly, from any act
 3    or omission under the terms of or information provided  in  a
 4    local  emergency  energy  plan  filed under a local emergency
 5    energy plan ordinance.
 6    (Source: P.A. 91-137, eff. 7-16-99; 92-651, eff. 7-11-02.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.