HB4366 103RD GENERAL ASSEMBLY

LRB103 36142 SPS 66234 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4366

Introduced 1/16/2024, 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.

A BILL FOR

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, 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 Section.

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