103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2786

 

Introduced 2/16/2023, by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/1-102  from Ch. 111 2/3, par. 1-102
220 ILCS 5/4-304  from Ch. 111 2/3, par. 4-304
220 ILCS 5/4-605
220 ILCS 5/13-102  from Ch. 111 2/3, par. 13-102
220 ILCS 5/13-103  from Ch. 111 2/3, par. 13-103
220 ILCS 5/13-900
220 ILCS 5/16-101A
220 ILCS 5/16-111.2
220 ILCS 5/16-128

    Amends the Public Utilities Act. Changes references from "citizens" to "consumers" throughout the Act.


LRB103 30267 AMQ 56695 b

 

 

A BILL FOR

 

HB2786LRB103 30267 AMQ 56695 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 1-102, 4-304, 4-605, 13-102, 13-103, 13-900, 16-101A,
616-111.2, and 16-128 as follows:
 
7    (220 ILCS 5/1-102)  (from Ch. 111 2/3, par. 1-102)
8    Sec. 1-102. Findings and Intent. The General Assembly
9finds that the health, welfare and prosperity of all Illinois
10consumers citizens require the provision of adequate,
11efficient, reliable, environmentally safe and least-cost
12public utility services at prices which accurately reflect the
13long-term cost of such services and which are equitable to all
14consumers citizens. It is therefore declared to be the policy
15of the State that public utilities shall continue to be
16regulated effectively and comprehensively. It is further
17declared that the goals and objectives of such regulation
18shall be to ensure
19        (a) Efficiency: the provision of reliable energy
20    services at the least possible cost to the consumers
21    citizens of the State; in such manner that:
22            (i) physical, human and financial resources are
23        allocated efficiently;

 

 

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1            (ii) all supply and demand options are considered
2        and evaluated using comparable terms and methods in
3        order to determine how utilities shall meet their
4        customers' demands for public utility services at the
5        least cost;
6            (iii) utilities are allowed a sufficient return on
7        investment so as to enable them to attract capital in
8        financial markets at competitive rates;
9            (iv) tariff rates for the sale of various public
10        utility services are authorized such that they
11        accurately reflect the cost of delivering those
12        services and allow utilities to recover the total
13        costs prudently and reasonably incurred;
14            (v) variation in costs by customer class and time
15        of use is taken into consideration in authorizing
16        rates for each class.
17        (b) Environmental Quality: the protection of the
18    environment from the adverse external costs of public
19    utility services so that
20            (i) environmental costs of proposed actions having
21        a significant impact on the environment and the
22        environmental impact of the alternatives are
23        identified, documented and considered in the
24        regulatory process;
25            (ii) the prudently and reasonably incurred costs
26        of environmental controls are recovered.

 

 

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1        (c) Reliability: the ability of utilities to provide
2    consumers with public utility services under varying
3    demand conditions in such manner that suppliers of public
4    utility services are able to provide service at varying
5    levels of economic reliability giving appropriate
6    consideration to the costs likely to be incurred as a
7    result of service interruptions, and to the costs of
8    increasing or maintaining current levels of reliability
9    consistent with commitments to consumers.
10        (d) Equity: the fair treatment of consumers and
11    investors in order that
12            (i) the public health, safety and welfare shall be
13        protected;
14            (ii) the application of rates is based on public
15        understandability and acceptance of the reasonableness
16        of the rate structure and level;
17            (iii) the cost of supplying public utility
18        services is allocated to those who cause the costs to
19        be incurred;
20            (iv) if factors other than cost of service are
21        considered in regulatory decisions, the rationale for
22        these actions is set forth;
23            (v) regulation allows for orderly transition
24        periods to accommodate changes in public utility
25        service markets;
26            (vi) regulation does not result in undue or

 

 

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1        sustained adverse impact on utility earnings;
2            (vii) the impacts of regulatory actions on all
3        sectors of the State are carefully weighed;
4            (viii) the rates for utility services are
5        affordable and therefore preserve the availability of
6        such services to all consumers citizens.
7    It is further declared to be the policy of the State that
8this Act shall not apply in relation to motor carriers and rail
9carriers as defined in the Illinois Commercial Transportation
10Law, or to the Commission in the regulation of such carriers.
11    Nothing in this Act shall be construed to limit, restrict,
12or mitigate in any way the power and authority of the State's
13Attorneys or the Attorney General under the Consumer Fraud and
14Deceptive Business Practices Act.
15(Source: P.A. 92-22, eff. 6-30-01.)
 
16    (220 ILCS 5/4-304)  (from Ch. 111 2/3, par. 4-304)
17    Sec. 4-304. Beginning in 1986, the Commission shall
18prepare an annual report which shall be filed by January 31 of
19each year with the Joint Committee on Legislative Support
20Services of the General Assembly and the Governor and which
21shall be publicly available. Such report shall include:
22        (1) A general review of agency activities and changes,
23    including:
24            (a) a review of significant decisions and other
25        regulatory actions for the preceding year, and pending

 

 

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1        cases, and an analysis of the impact of such decisions
2        and actions, and potential impact of any significant
3        pending cases;
4            (b) for each significant decision, regulatory
5        action and pending case, a description of the
6        positions advocated by major parties, including
7        Commission staff, and for each such decision rendered
8        or action taken, the position adopted by the
9        Commission and reason therefor;
10            (c) a description of the Commission's budget,
11        caseload, and staff levels, including specifically:
12                (i) a breakdown by type of case of the cases
13            resolved and filed during the year and of pending
14            cases;
15                (ii) a description of the allocation of the
16            Commission's budget, identifying amounts budgeted
17            for each significant regulatory function or
18            activity and for each department, bureau, section,
19            division or office of the Commission and its
20            employees;
21                (iii) a description of current employee
22            levels, identifying any change occurring during
23            the year in the number of employees, personnel
24            policies and practices or compensation levels; and
25            identifying the number and type of employees
26            assigned to each Commission regulatory function

 

 

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1            and to each department, bureau, section, division
2            or office of the Commission;
3            (d) a description of any significant changes in
4        Commission policies, programs or practices with
5        respect to agency organization and administration,
6        hearings and procedures or substantive regulatory
7        activity.
8        (2) A discussion and analysis of the state of each
9    utility industry regulated by the Commission and
10    significant changes, trends and developments therein,
11    including the number and types of firms offering each
12    utility service, existing, new and prospective
13    technologies, variations in the quality, availability and
14    price for utility services in different geographic areas
15    of the State, and any other industry factors or
16    circumstances which may affect the public interest or the
17    regulation of such industries.
18        (3) A specific discussion of the energy planning
19    responsibilities and activities of the Commission and
20    energy utilities, including:
21            (a) the extent to which conservation,
22        cogeneration, renewable energy technologies and
23        improvements in energy efficiency are being utilized
24        by energy consumers, the extent to which additional
25        potential exists for the economical utilization of
26        such supplies, and a description of existing and

 

 

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1        proposed programs and policies designed to promote and
2        encourage such utilization;
3            (b) a description of each energy plan filed with
4        the Commission pursuant to the provisions of this Act,
5        and a copy, or detailed summary of the most recent
6        energy plans adopted by the Commission;
7            (c) a discussion of the powers by which the
8        Commission is implementing the planning
9        responsibilities of Article VIII, including a
10        description of the staff and budget assigned to such
11        function, the procedures by which Commission staff
12        reviews and analyzes energy plans submitted by the
13        utilities, the Department of Natural Resources, and
14        any other person or party; and
15            (d) a summary of the adoption of solar
16        photovoltaic systems by residential and small business
17        consumers in Illinois and a description of any and all
18        barriers to residential and small business consumers'
19        financing, installation, and valuation of energy
20        produced by solar photovoltaic systems; electric
21        utilities, alternative retail electric suppliers, and
22        installers of distributed generation shall provide all
23        information requested by the Commission or its staff
24        necessary to complete the analysis required by this
25        paragraph (d).
26        (4) A discussion of the extent to which utility

 

 

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1    services are available to all Illinois consumers citizens
2    including:
3            (a) the percentage and number of persons or
4        households requiring each such service who are not
5        receiving such service, and the reasons therefor,
6        including specifically the number of such persons or
7        households who are unable to afford such service;
8            (b) a critical analysis of existing programs
9        designed to promote and preserve the availability and
10        affordability of utility services; and
11            (c) an analysis of the financial impact on
12        utilities and other ratepayers of the inability of
13        some customers or potential customers to afford
14        utility service, including the number of service
15        disconnections and reconnections, and cost thereof and
16        the dollar amount of uncollectible accounts recovered
17        through rates.
18        (5) A detailed description of the means by which the
19    Commission is implementing its new statutory
20    responsibilities under this Act, and the status of such
21    implementation, including specifically:
22            (a) Commission reorganization resulting from the
23        addition of an Executive Director and administrative
24        law judge qualifications and review;
25            (b) Commission responsibilities for construction
26        and rate supervision, including construction cost

 

 

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1        audits, management audits, excess capacity
2        adjustments, phase-ins of new plant and the means and
3        capability for monitoring and reevaluating existing or
4        future construction projects;
5            (c) promulgation and application of rules
6        concerning ex parte communications, circulation of
7        recommended orders and transcription of closed
8        meetings.
9        (6) A description of all appeals taken from Commission
10    orders, findings or decisions and the status and outcome
11    of such appeals.
12        (7) A description of the status of all studies and
13    investigations required by this Act, including those
14    ordered pursuant to Sections 9-244 and 13-301 and all such
15    subsequently ordered studies or investigations.
16        (8) A discussion of new or potential developments in
17    federal legislation, and federal agency and judicial
18    decisions relevant to State regulation of utility
19    services.
20        (9) All recommendations for appropriate legislative
21    action by the General Assembly.
22    The Commission may include such other information as it
23deems to be necessary or beneficial in describing or
24explaining its activities or regulatory responsibilities. The
25report required by this Section shall be adopted by a vote of
26the full Commission prior to filing.

 

 

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1(Source: P.A. 100-840, eff. 8-13-18; 101-81, eff. 7-12-19.)
 
2    (220 ILCS 5/4-605)
3    Sec. 4-605. Reliability mitigation plan findings. The
4General Assembly finds that reducing carbon dioxide and
5copollutant emissions in a manner that does not threaten
6electric reliability and resource adequacy is essential to the
7health and safety of all Illinois consumers citizens.
8Therefore, the Commission shall review reliability mitigation
9plans filed pursuant to Section 9.15 of the Environmental
10Protection Act to ensure adequate, reliable, affordable,
11efficient, and environmentally sustainable electric service is
12available to ratepayers by approving reliability mitigation
13plans that permit the Illinois Pollution Control Board to
14enforce emission reductions in a manner that preserves
15reliability and resource adequacy in wholesale and retail
16electricity markets.
17(Source: P.A. 102-662, eff. 9-15-21.)
 
18    (220 ILCS 5/13-102)  (from Ch. 111 2/3, par. 13-102)
19    (Section scheduled to be repealed on December 31, 2026)
20    Sec. 13-102. Findings. With respect to telecommunications
21services, as herein defined, the General Assembly finds that:
22        (a) universally available and widely affordable
23    telecommunications services are essential to the health,
24    welfare and prosperity of all Illinois consumers citizens;

 

 

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1        (b) federal regulatory and judicial rulings in the
2    1980s caused a restructuring of the telecommunications
3    industry and opened some aspects of the industry to
4    competitive entry, thereby necessitating revision of State
5    telecommunications regulatory policies and practices;
6        (c) revisions in telecommunications regulatory
7    policies and practices in Illinois beginning in the
8    mid-1980s brought the benefits of competition to consumers
9    in many telecommunications markets, but not in local
10    exchange telecommunications service markets;
11        (d) the federal Telecommunications Act of 1996
12    established the goal of opening all telecommunications
13    service markets to competition and accords to the states
14    the responsibility to establish and enforce policies
15    necessary to attain that goal;
16        (e) it is in the immediate interest of the People of
17    the State of Illinois for the State to exercise its rights
18    within the new framework of federal telecommunications
19    policy to ensure that the economic benefits of competition
20    in all telecommunications service markets are realized as
21    effectively as possible;
22        (f) the competitive offering of all telecommunications
23    services will increase innovation and efficiency in the
24    provision of telecommunications services and may lead to
25    reduced prices for consumers, increased investment in
26    communications infrastructure, the creation of new jobs,

 

 

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1    and the attraction of new businesses to Illinois;
2        (g) protection of the public interest requires changes
3    in the regulation of telecommunications carriers and
4    services to ensure, to the maximum feasible extent, the
5    reasonable and timely development of effective competition
6    in all telecommunications service markets;
7        (h) Illinois residents rely on today's modern wired
8    and wireless Internet Protocol (IP) networks and services
9    to improve their lives by connecting them to school and
10    college degrees, work and job opportunities, family and
11    friends, information, and entertainment, as well as
12    emergency responders and public safety officials; Illinois
13    businesses rely on these modern IP networks and services
14    to compete in a global marketplace by expanding their
15    customer base, managing inventory and operations more
16    efficiently, and offering customers specialized and
17    personalized products and services; without question,
18    Illinois residents and our State's economy rely profoundly
19    on the modern wired and wireless IP networks and services
20    in our State;
21        (i) the transition from 20th century traditional
22    circuit switched and other legacy telephone services to
23    modern 21st century next generation Internet Protocol (IP)
24    services is taking place at an extraordinary pace as
25    Illinois consumers are upgrading to home communications
26    service using IP technology, including high speed

 

 

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1    Internet, Voice over Internet Protocol, and wireless
2    service;
3        (j) this rapid transition to IP-based communications
4    has dramatically transformed the way people communicate
5    and has provided significant benefits to consumers in the
6    form of innovative functionalities resulting from the
7    seamless convergence of voice, video, and text, benefits
8    realized by the General Assembly when it chose to
9    transition its own telecommunications system to an all IP
10    communications network in 2016;
11        (k) the benefits of the transition to IP-based
12    networks and services were also recognized by the General
13    Assembly in 2015 through the enactment of legislation
14    requiring that every 9-1-1 emergency system in Illinois
15    provide Next Generation 9-1-1 service by July 1, 2020, and
16    requiring that the Next Generation 9-1-1 network must be
17    an IP-based platform; and
18        (l) completing the transition to all IP-based networks
19    and technologies is in the public interest because it will
20    promote continued innovation, consumer benefits, increased
21    efficiencies, and increased investment in IP-based
22    networks and services.
23(Source: P.A. 100-20, eff. 7-1-17.)
 
24    (220 ILCS 5/13-103)  (from Ch. 111 2/3, par. 13-103)
25    (Section scheduled to be repealed on December 31, 2026)

 

 

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1    Sec. 13-103. Policy. Consistent with its findings, the
2General Assembly declares that it is the policy of the State of
3Illinois that:
4        (a) telecommunications services should be available to
5    all Illinois consumers citizens at just, reasonable, and
6    affordable rates and that such services should be provided
7    as widely and economically as possible in sufficient
8    variety, quality, quantity and reliability to satisfy the
9    public interest;
10        (b) consistent with the protection of consumers of
11    telecommunications services and the furtherance of other
12    public interest goals, competition in all
13    telecommunications service markets should be pursued as a
14    substitute for regulation in determining the variety,
15    quality and price of telecommunications services and that
16    the economic burdens of regulation should be reduced to
17    the extent possible consistent with the furtherance of
18    market competition and protection of the public interest;
19        (c) all necessary and appropriate modifications to
20    State regulation of telecommunications carriers and
21    services should be implemented without unnecessary
22    disruption to the telecommunications infrastructure system
23    or to consumers of telecommunications services and that it
24    is necessary and appropriate to establish rules to
25    encourage and ensure orderly transitions in the
26    development of markets for all telecommunications

 

 

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1    services;
2        (d) the consumers of telecommunications services and
3    facilities provided by persons or companies subject to
4    regulation pursuant to this Act and Article should be
5    required to pay only reasonable and non-discriminatory
6    rates or charges and that in no case should rates or
7    charges for non-competitive telecommunications services
8    include any portion of the cost of providing competitive
9    telecommunications services, as defined in Section 13-209,
10    or the cost of any nonregulated activities;
11        (e) the regulatory policies and procedures provided in
12    this Article are established in recognition of the
13    changing nature of the telecommunications industry and
14    therefore should be subject to systematic legislative
15    review to ensure that the public benefits intended to
16    result from such policies and procedures are fully
17    realized;
18        (f) development of and prudent investment in advanced
19    telecommunications services and networks that foster
20    economic development of the State should be encouraged
21    through the implementation and enforcement of policies
22    that promote effective and sustained competition in all
23    telecommunications service markets; and
24        (g) completion of the transition to modern IP-based
25    networks should be encouraged through relief from the
26    outdated regulations that require continued investment in

 

 

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1    legacy circuit switched networks from which Illinois
2    consumers have largely transitioned, while at the same
3    time ensuring that consumers have access to available
4    alternative services that provide quality voice service
5    and access to emergency communications.
6(Source: P.A. 100-20, eff. 7-1-17.)
 
7    (220 ILCS 5/13-900)
8    (Section scheduled to be repealed on December 31, 2026)
9    Sec. 13-900. Authority to serve as 9-1-1 system provider;
10rules.
11    (a) The General Assembly finds that it is necessary to
12require the certification of 9-1-1 system providers to ensure
13the safety of the lives and property of Illinoisans and
14Illinois businesses, and to otherwise protect and promote the
15public safety, health, and welfare of the consumers citizens
16of this State and their property.
17    (b) For purposes of this Section:
18        "9-1-1 system" has the same meaning as that term is
19    defined in Section 2.19 of the Emergency Telephone System
20    Act.
21        "9-1-1 system provider" means any person, corporation,
22    limited liability company, partnership, sole
23    proprietorship, or entity of any description whatever that
24    acts as a system provider within the meaning of Section
25    2.18 of the Emergency Telephone System Act.

 

 

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1        "Emergency Telephone System Board" has the same
2    meaning as that term is defined in Sections 2.11 and 15.4
3    of the Emergency Telephone System Act.
4        "Public safety agency personnel" means personnel
5    employed by a public safety agency, as that term is
6    defined in Section 2.02 of the Emergency Telephone System
7    Act, whose responsibilities include responding to requests
8    for emergency services.
9    (c) Except as otherwise provided in this Section,
10beginning July 1, 2010, it is unlawful for any 9-1-1 system
11provider to offer or provide or seek to offer or provide to any
12emergency telephone system board or 9-1-1 system, or agent,
13representative, or designee thereof, any network and database
14service used or intended to be used by any emergency telephone
15system board or 9-1-1 system for the purpose of answering,
16transferring, or relaying requests for emergency services, or
17dispatching public safety agency personnel in response to
18requests for emergency services, unless the 9-1-1 system
19provider has applied for and received a Certificate of 9-1-1
20System Provider Authority from the Commission. The Commission
21shall approve an application for a Certificate of 9-1-1 System
22Provider Authority upon a showing by the applicant, and a
23finding by the Commission, after notice and hearing, that the
24applicant possesses sufficient technical, financial, and
25managerial resources and abilities to provide network service
26and database services that it seeks authority to provide in

 

 

HB2786- 18 -LRB103 30267 AMQ 56695 b

1its application for service authority, in a safe, continuous,
2and uninterrupted manner.
3    (d) No incumbent local exchange carrier that provides, as
4of the effective date of this amendatory Act of the 96th
5General Assembly, any 9-1-1 network and 9-1-1 database service
6used or intended to be used by any Emergency Telephone System
7Board or 9-1-1 system, shall be required to obtain a
8Certificate of 9-1-1 System Provider Authority under this
9Section. No entity that possesses, as of the effective date of
10this amendatory Act of the 96th General Assembly, a
11Certificate of Service Authority and provides 9-1-1 network
12and 9-1-1 database services to any incumbent local exchange
13carrier as of the effective date of this amendatory Act of the
1496th General Assembly shall be required to obtain a
15Certificate of 9-1-1 System Provider Authority under this
16Section.
17    (e) Any and all enforcement authority granted to the
18Commission under this Section shall apply exclusively to 9-1-1
19system providers granted a Certificate of Service Authority
20under this Section and shall not apply to incumbent local
21exchange carriers that are providing 9-1-1 service as of the
22effective date of this amendatory Act of the 96th General
23Assembly.
24(Source: P.A. 100-20, eff. 7-1-17.)
 
25    (220 ILCS 5/16-101A)

 

 

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1    Sec. 16-101A. Legislative findings.
2    (a) The consumers citizens and businesses of the State of
3Illinois have been well-served by a comprehensive electrical
4utility system which has provided safe, reliable, and
5affordable service. The electrical utility system in the State
6of Illinois has historically been subject to State and federal
7regulation, aimed at assuring the consumers citizens and
8businesses of the State of safe, reliable, and affordable
9service, while at the same time assuring the utility system of
10a return on its investment.
11    (b) Competitive forces are affecting the market for
12electricity as a result of recent federal regulatory and
13statutory changes and the activities of other states.
14Competition in the electric services market may create
15opportunities for new products and services for customers and
16lower costs for users of electricity. Long-standing regulatory
17relationships need to be altered to accommodate the
18competition that could fundamentally alter the structure of
19the electric services market.
20    (c) With the advent of increasing competition in this
21industry, the State has a continued interest in assuring that
22the safety, reliability, and affordability of electrical power
23is not sacrificed to competitive pressures, and to that end,
24intends to implement safeguards to assure that the industry
25continues to operate the electrical system in a manner that
26will serve the public's interest. Under the existing

 

 

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1regulatory framework, the industry has been encouraged to
2undertake certain investments in its physical plant and
3personnel to enhance its efficient operation, the cost of
4which it has been permitted to pass on to consumers. The State
5has an interest in providing the existing utilities a
6reasonable opportunity to obtain a return on certain
7investments on which they depended in undertaking those
8commitments in the first instance while, at the same time, not
9permitting new entrants into the industry to take unreasonable
10advantage of the investments made by the formerly regulated
11industry.
12    (d) A competitive wholesale and retail market must benefit
13all Illinois consumers citizens. The Illinois Commerce
14Commission should act to promote the development of an
15effectively competitive electricity market that operates
16efficiently and is equitable to all consumers. Consumer
17protections must be in place to ensure that all customers
18continue to receive safe, reliable, affordable, and
19environmentally safe electric service.
20    (e) All consumers must benefit in an equitable and timely
21fashion from the lower costs for electricity that result from
22retail and wholesale competition and receive sufficient
23information to make informed choices among suppliers and
24services. The use of renewable resources and energy efficiency
25resources should be encouraged in competitive markets.
26    (f) The efficiency of electric markets depends both upon

 

 

HB2786- 21 -LRB103 30267 AMQ 56695 b

1the competitiveness of supply and upon the
2price-responsiveness of the demand for service. Therefore, to
3ensure the lowest total cost of service and to enhance the
4reliability of service, all classes of the electricity
5customers of electric utilities should have access to and be
6able to voluntarily use real-time pricing and other
7price-response and demand-response mechanisms.
8    (g) Including cost-effective renewable resources and
9demand-response resources in a diverse electricity supply
10portfolio will reduce long-term direct and indirect costs to
11consumers by decreasing environmental impacts and by avoiding
12or delaying the need for new generation, transmission, and
13distribution infrastructure. It serves the public interest to
14allow electric utilities to recover costs for reasonably and
15prudently incurred expenses for electricity generated by
16renewable resources and demand-response resources.
17    (h) Including electricity generated by clean coal
18facilities, as defined under Section 1-10 of the Illinois
19Power Agency Act, in a diverse electricity procurement
20portfolio will reduce the need to purchase, directly or
21indirectly, carbon dioxide emission credits and will decrease
22environmental impacts. It serves the public interest to allow
23electric utilities to recover costs for reasonably and
24prudently incurred expenses for sourcing electricity generated
25by clean coal facilities.
26(Source: P.A. 94-977, eff. 6-30-06; 95-481, eff. 8-28-07;

 

 

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195-1027, eff. 6-1-09.)
 
2    (220 ILCS 5/16-111.2)
3    Sec. 16-111.2. Provisions related to proposed utility
4transactions.
5    (a) The General Assembly finds:
6        (1) A transaction as described in paragraph (3) of
7    this subsection (a) will contribute to improved
8    reliability of the electric supply system in Illinois
9    which is one of the key purposes of the Illinois Electric
10    Service Customer Choice and Rate Relief Law of 1997.
11        (2) A transaction as described in paragraph (3) of
12    this subsection (a) is likely to promote additional
13    investment in the existing generating assets and in the
14    development of additional generation capacity in Illinois,
15    and such change in ownership is in the public interest,
16    consistent with the intent of the Illinois Electric
17    Service Customer Choice and Rate Relief Law of 1997 and
18    beneficial for the consumers citizens of this State.
19        (3) As of the date on which this amendatory Act of 1999
20    becomes law, an electric utility providing service to more
21    than 1,000,000 customers in this State has proposed to
22    sell or transfer to a single buyer 5 or more generating
23    plants with a total net dependable capacity of 5000
24    megawatts or more pursuant to subsection (g) of Section
25    16-111.

 

 

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1        (4) Such electric utility anticipates receiving a sale
2    price or consideration as a result of such transaction
3    exceeding 200% of the book value of these plants.
4        (5) Such electric utility has presented to the
5    Governor and the leaders of the General Assembly a written
6    commitment in which such electric utility agrees to expend
7    $2,000,000,000 outside the corporate limits of any
8    municipality with 1,000,000 or more inhabitants within
9    such electric utility's service area, over a 6-year period
10    beginning with this calendar year on projects, programs
11    and improvements within its service area relating to
12    transmission and distribution including, without
13    limitation, infrastructure expansion, repair and
14    replacement, capital investments, operations and
15    maintenance, and vegetation management.
16        (6) Such electric utility has committed that, if the
17    sale or transfer contemplated by paragraph (3) of this
18    subsection is consummated on or before December 31, 1999,
19    the electric utility shall make contributions totaling
20    $250,000,000 to entities within this State for, among
21    other purposes, environmental and clean coal initiatives
22    pursuant to Section 16-111.1, which commitment includes a
23    contribution of $25,000,000 to the Board of Trustees of
24    Southern Illinois University for the purpose of funding
25    programs or projects related to clean coal.
26    (b) That, in light of the findings in paragraphs (1) and

 

 

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1(2) of subsection (a) and, in this instance, the circumstances
2described in paragraphs (3) through (6) of subsection (a) and
3otherwise, the General Assembly hereby finds that allowing the
4generating facilities being acquired to be eligible facilities
5under the provisions of the National Energy Policy Act of 1992
6that apply to exempt wholesale generators (A) will benefit
7consumers; (B) is in the public interest; and (C) does not
8violate the law of this State.
9    (c) Nothing in this Section shall have any effect on the
10authority of the Commission under subsection (g) of Section
1116-111 of this Act.
12(Source: P.A. 91-50, eff. 6-30-99.)
 
13    (220 ILCS 5/16-128)
14    Sec. 16-128. Provisions related to utility employees.
15    (a) The General Assembly finds:
16        (1) The reliability and safety of the electric system
17    has depended and depends on a workforce of skilled and
18    dedicated employees, equipped with technical training and
19    experience.
20        (2) The integrity and reliability of the system also
21    requires the industry's commitment to invest in regular
22    inspection and maintenance, to assure that it can
23    withstand the demands of heavy service requirements and
24    emergency situations.
25        (3) It is in the State's interest to protect the

 

 

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1    interests of utility employees who have and continue to
2    dedicate themselves to assuring reliable service to the
3    consumers citizens of this State, and who might otherwise
4    be economically displaced in a restructured industry.
5    The General Assembly further finds that it is necessary to
6assure that employees of electric utilities and employees of
7contractors or subcontractors performing work on behalf of an
8electric utility operating in the deregulated industry have
9the requisite skills, knowledge, training, experience, and
10competence to provide reliable and safe electrical service
11under this Act.
12    The General Assembly also finds that it is necessary to
13assure that employees of alternative retail electric suppliers
14and employees of contractors or subcontractors performing work
15on behalf of an alternative retail electric supplier operating
16in the deregulated industry have the requisite skills,
17knowledge, training, experience, and competence to provide
18reliable and safe electrical service under this Act.
19    To ensure that these findings and prerequisites for
20reliable and safe electrical service continue to prevail, each
21alternative retail electric supplier, electric utility, and
22contractors and subcontractors performing work on behalf of an
23electric utility or alternative retail electric supplier must
24demonstrate the competence of their respective employees to
25work on the distribution system.
26    The knowledge, skill, training, experience, and competence

 

 

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1levels to be demonstrated shall be consistent with those
2required of or by the electric utilities in this State as of
3January 1, 2007, with respect to their employees and employees
4of contractors or subcontractors performing work on their
5behalf. Nothing in this Section shall prohibit an electric
6utility from establishing knowledge, skill, training,
7experience, and competence levels greater than those required
8as of January 1, 2007.
9    An adequate demonstration of requisite knowledge, skill,
10training, experience, and competence shall include, at a
11minimum, completion or current participation and ultimate
12completion by the employee of an accredited or otherwise
13recognized apprenticeship program for the particular craft,
14trade or skill, or specified and several years of employment
15performing a particular work function that is utilized by an
16electric utility.
17    Notwithstanding any law, tariff, Commission rule, order,
18or decision to the contrary, the Commission shall have an
19affirmative statutory obligation to ensure that an electric
20utility is employing employees, contractors, and
21subcontractors with employees who meet the requirements of
22subsection (a) of this Section when installing, constructing,
23operating, and maintaining generation, transmission, or
24distribution facilities and equipment within this State
25pursuant to any provision in this Act or any Commission order,
26rule, or decision.

 

 

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1    For purposes of this Section, "distribution facilities and
2equipment" means any and all of the facilities and equipment,
3including, but not limited to, substations, distribution
4feeder circuits, switches, meters, protective equipment,
5primary circuits, distribution transformers, line extensions
6and service extensions both above or below ground, conduit,
7risers, elbows, transformer pads, junction boxes, manholes,
8pedestals, conductors, and all associated fittings that
9connect the transmission or distribution system to either the
10weatherhead on the retail customer's building or other
11structure for above ground service or to the terminals on the
12meter base of the retail customer's building or other
13structure for below ground service.
14    To implement this requirement for alternative retail
15electric suppliers, the Commission, in determining that an
16applicant meets the standards for certification as an
17alternative retail electric supplier, shall require the
18applicant to demonstrate (i) that the applicant is licensed to
19do business, and bonded, in the State of Illinois; and (ii)
20that the employees of the applicant that will be installing,
21operating, and maintaining generation, transmission, or
22distribution facilities within this State, or any entity with
23which the applicant has contracted to perform those functions
24within this State, have the requisite knowledge, skills,
25training, experience, and competence to perform those
26functions in a safe and responsible manner in order to provide

 

 

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1safe and reliable service, in accordance with the criteria
2stated above.
3    (b) The General Assembly finds, based on experience in
4other industries that have undergone similar transitions, that
5the introduction of competition into the State's electric
6utility industry may result in workforce reductions by
7electric utilities which may adversely affect persons who have
8been employed by this State's electric utilities in functions
9important to the public convenience and welfare. The General
10Assembly further finds that the impacts on employees and their
11communities of any necessary reductions in the utility
12workforce directly caused by this restructuring of the
13electric industry shall be mitigated to the extent practicable
14through such means as offers of voluntary severance,
15retraining, early retirement, outplacement and related
16benefits. Therefore, before any such reduction in the
17workforce during the transition period, an electric utility
18shall present to its employees or their representatives a
19workforce reduction plan outlining the means by which the
20electric utility intends to mitigate the impact of such
21workforce reduction on its employees.
22    (c) In the event of a sale, purchase, or any other transfer
23of ownership during the mandatory transition period of one or
24more Illinois divisions or business units, and/or generating
25stations or generating units, of an electric utility, the
26electric utility's contract and/or agreements with the

 

 

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1acquiring entity or persons shall require that the entity or
2persons hire a sufficient number of non-supervisory employees
3to operate and maintain the station, division or unit by
4initially making offers of employment to the non-supervisory
5workforce of the electric utility's division, business unit,
6generating station and/or generating unit at no less than the
7wage rates, and substantially equivalent fringe benefits and
8terms and conditions of employment that are in effect at the
9time of transfer of ownership of said division, business unit,
10generating station, and/or generating units; and said wage
11rates and substantially equivalent fringe benefits and terms
12and conditions of employment shall continue for at least 30
13months from the time of said transfer of ownership unless the
14parties mutually agree to different terms and conditions of
15employment within that 30-month period. The utility shall
16offer a transition plan to those employees who are not offered
17jobs by the acquiring entity because that entity has a need for
18fewer workers. If there is litigation concerning the sale, or
19other transfer of ownership of the electric utility's
20divisions, business units, generating station, or generating
21units, the 30-month period will begin on the date the
22acquiring entity or persons take control or management of the
23divisions, business units, generating station or generating
24units of the electric utility.
25    (d) If a utility transfers ownership during the mandatory
26transition period of one or more Illinois divisions, business

 

 

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1units, generating stations or generating units of an electric
2utility to a majority-owned subsidiary, that subsidiary shall
3continue to employ the utility's employees who were employed
4by the utility at such division, business unit or generating
5station at the time of the transfer under the same terms and
6conditions of employment as those employees enjoyed at the
7time of the transfer. If ownership of the subsidiary is
8subsequently sold or transferred to a third party during the
9transition period, the transition provisions outlined in
10subsection (c) shall apply.
11    (e) The plant transfer provisions set forth above shall
12not apply to any generating station which was the subject of a
13sales agreement entered into before January 1, 1997.
14(Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11.)