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91_SB1165
LRB9102911JSpc
1 AN ACT to amend the Public Utilities Act by adding
2 Section 16-125B.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by adding
6 Section 16-125B as follows:
7 (220 ILCS 5/16-125B new)
8 Sec. 16-125B. Local emergency energy plans.
9 (a) In furtherance of its police powers to protect the
10 public health, welfare, and safety, a municipality may by
11 ordinance require any electricity utility operating within
12 its corporate limits to provide the municipality with a local
13 emergency energy plan and to comply with any requirements
14 concerning the form, content, review, approval, and
15 implementation of the local emergency energy plan as may be
16 contained in the ordinance. For purposes of this Section,
17 "local emergency energy plan" means a planned course of
18 action developed by an electric utility to be implemented
19 when the demand for electricity exceeds, or is at significant
20 risk of exceeding, the available supply of electricity, and
21 "local emergency energy plan ordinance" means an ordinance
22 adopted by the corporate authorities of a municipality in
23 compliance with the provisions of this Section to provide for
24 local emergency energy plans.
25 (b) A municipality that adopts a local emergency energy
26 plan ordinance shall serve a copy of the ordinance by
27 certified mail on each electric utility operating within the
28 municipality. The local emergency energy plan ordinance
29 shall require every electric utility operating within the
30 municipality to adopt an emergency energy plan within a
31 period of time no less than 60 days after the effective date
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1 of the local emergency energy plan ordinance, or in the case
2 of a new electric utility that commences operations within
3 the municipality after the effective date of the ordinance,
4 no less than 30 days after the commencement of operations
5 within the municipality. The local emergency energy plan
6 ordinance may provide that the municipality, or a designated
7 official or employee thereof, may extend this time period for
8 an additional 30 days upon written request by the electric
9 utility and for good cause shown.
10 (c) The local emergency energy plan ordinance may
11 require that every electric utility operating within that
12 municipality shall submit to the municipality any emergency
13 energy plan adopted by the electric utility no more than 2
14 calendar days after the plan is adopted and may further
15 provide for the manner of submission and identify the office
16 to which the submission shall be made. A local emergency
17 energy plan ordinance may also require each electric utility
18 to notify the municipality within one calendar day of any
19 material revisions to a local emergency energy plan and
20 require that the notice shall be in writing and set forth the
21 reasons for the revisions.
22 (d) A local emergency energy plan ordinance may provide
23 that a local emergency energy plan shall be in writing and
24 shall include, at a minimum, information detailing each of
25 the following:
26 (1) The circumstances that would require the
27 implementation of the local emergency energy plan.
28 (2) The levels or stages of the local emergency
29 energy plan.
30 (3) The potential impact of the local emergency
31 energy plan on public health and safety, and on the
32 duties of municipal police, fire, public works, water,
33 public health and safety agencies, and regional fire
34 protection districts.
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1 (4) What steps the electric utility has taken to
2 mitigate the potential health or safety impact described
3 in item (3).
4 (5) The geographic limits of each outage area under
5 the local emergency energy plan.
6 (6) The number of customers within each outage area
7 under the local emergency energy plan.
8 (7) Identification of customers and facilities
9 within each outage area under the local emergency energy
10 plan for which a service interruption would pose
11 increased risk to health and safety including, but not
12 limited to, hospitals, nursing homes, dialysis centers,
13 schools, buildings in excess of 80 feet in height, day
14 care centers, persons on life support systems, radio and
15 communication facilities for police, fire, and public
16 works personnel, sewer and storm water pumping facilities
17 and treatment facilities, and fresh water pumping
18 stations and treatment facilities.
19 (8) The anticipated sequence and duration of
20 service interruptions under the local emergency energy
21 plan.
22 (e) A local emergency energy plan ordinance may provide
23 that, upon submission of a local emergency energy plan to the
24 municipality, the municipality shall review the local
25 emergency energy plan and that, in order to assure
26 appropriate coordination with public health and safety
27 agencies, the municipality shall have the right to accept or
28 reject one or more of the following elements of the local
29 emergency energy plan:
30 (1) The potential impact of the emergency energy
31 plan on public health and safety.
32 (2) The potential impact of the emergency energy
33 plan on the city's or the village's public health and
34 safety agencies.
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1 (3) What steps the electric utility has taken to
2 mitigate the potential health or safety impact of the
3 emergency energy plan.
4 A local emergency energy plan ordinance shall provide
5 that such acceptance or rejection of the local emergency
6 energy plan must be made by the municipality in writing and
7 no more than 30 days after date on which the plan was
8 submitted. If a local emergency energy plan is rejected, the
9 reasons therefor shall be stated in writing by the
10 municipality and shall be provided to the electric utility.
11 A local emergency energy plan ordinance shall provide that in
12 such case, a revised local emergency energy plan shall be
13 resubmitted by the electric utility within 30 days after the
14 notice of the rejection is given, and that the municipality
15 shall accept or reject the revised plan in writing within 30
16 days after the date on which it was resubmitted.
17 (f) A local emergency energy plan ordinance may provide
18 that whenever an electric utility determines that it is
19 necessary to implement a local emergency energy plan, the
20 electric utility shall notify the designated personnel or
21 officials of the municipality pursuant to a notification
22 procedure determined by the municipality. The local
23 emergency energy plan ordinance may provide that such
24 notification shall be made as soon as possible and shall be
25 made prior to implementation of the local emergency energy
26 plan. The local emergency energy plan ordinance may further
27 provide that notice of the implementation of each level or
28 stage of the local emergency energy plan shall be made
29 separately for each of the following actions:
30 (1) The use of operating reserves by the electric
31 utility, commonly known as "spinning".
32 (2) The curtailment of service by the electric
33 utility to customers who have agreed to interruption of
34 service under certain circumstances pursuant to their
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1 contract with the electrical utility.
2 (3) The declaration of a control area emergency by
3 the electric utility.
4 (4) A public appeal by the electric utility for
5 voluntary curtailment of electricity use, in which case
6 the notification shall include the specific wording of
7 the appeal.
8 (5) The determination by the electric utility of
9 the need for an intentional interruption of service
10 pursuant to the local emergency energy plan, in which
11 case the notification shall include the areas to be
12 interrupted, the sequence and estimated duration of
13 outage for each area, and the affected feeders and number
14 of affected customers in each area. A local emergency
15 energy plan ordinance may require that the required
16 notification of such intentional service interruptions
17 shall be made by the electric utility to the municipality
18 immediately upon the determination that such
19 interruptions are necessary, and that whenever possible,
20 such notification shall be made at least 2 hours prior to
21 the time of the interruption, but in no case shall the
22 notification be made less than 30 minutes prior to the
23 intentional interruption.
24 Notification authorized by this Section and provided for
25 in any local emergency energy plan ordinance shall be in
26 addition to any notification requirements set forth in any
27 franchise agreement or franchise ordinance concerning an
28 electric utility and in addition to any notification
29 requirements provided for under applicable federal or State
30 law or regulation.
31 (g) A local emergency energy plan ordinance may require
32 that whenever an electric utility implements an emergency
33 energy plan, the electric utility shall provide appropriate
34 personnel to staff the village's emergency management
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1 command center as may be provided in the municipality's
2 emergency management plan.
3 (h) A local emergency energy plan ordinance may provide
4 remedies and penalties for violation of its provisions. A
5 local emergency energy plan ordinance may further provide
6 that the electric utility shall reimburse the municipality,
7 or a regional fire protection district serving the
8 municipality, as the case may be, for all emergency and
9 contingency expenses incurred by the municipality or regional
10 fire protection district as a result of either an electrical
11 utility's violation of the local emergency energy plan
12 ordinance or the intentional interruption of power by an
13 electric utility, whether or not pursuant to an emergency
14 energy plan.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.