Illinois General Assembly - Full Text of HB4383
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Full Text of HB4383  102nd General Assembly

HB4383eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4383 EngrossedLRB102 22689 SPS 31835 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 8-406 and 8-406.1 as follows:
 
6    (220 ILCS 5/8-406)  (from Ch. 111 2/3, par. 8-406)
7    Sec. 8-406. Certificate of public convenience and
8necessity.
9    (a) No public utility not owning any city or village
10franchise nor engaged in performing any public service or in
11furnishing any product or commodity within this State as of
12July 1, 1921 and not possessing a certificate of public
13convenience and necessity from the Illinois Commerce
14Commission, the State Public Utilities Commission, or the
15Public Utilities Commission, at the time Public Act 84-617
16this amendatory Act of 1985 goes into effect (January 1,
171986), shall transact any business in this State until it
18shall have obtained a certificate from the Commission that
19public convenience and necessity require the transaction of
20such business. A certificate of public convenience and
21necessity requiring the transaction of public utility business
22in any area of this State shall include authorization to the
23public utility receiving the certificate of public convenience

 

 

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1and necessity to construct such plant, equipment, property, or
2facility as is provided for under the terms and conditions of
3its tariff and as is necessary to provide utility service and
4carry out the transaction of public utility business by the
5public utility in the designated area.
6    (b) No public utility shall begin the construction of any
7new plant, equipment, property, or facility which is not in
8substitution of any existing plant, equipment, property, or
9facility, or any extension or alteration thereof or in
10addition thereto, unless and until it shall have obtained from
11the Commission a certificate that public convenience and
12necessity require such construction. Whenever after a hearing
13the Commission determines that any new construction or the
14transaction of any business by a public utility will promote
15the public convenience and is necessary thereto, it shall have
16the power to issue certificates of public convenience and
17necessity. The Commission shall determine that proposed
18construction will promote the public convenience and necessity
19only if the utility demonstrates: (1) that the proposed
20construction is necessary to provide adequate, reliable, and
21efficient service to its customers and is the least-cost means
22of satisfying the service needs of its customers or that the
23proposed construction will promote the development of an
24effectively competitive electricity market that operates
25efficiently, is equitable to all customers, and is the least
26cost means of satisfying those objectives; (2) that the

 

 

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1utility is capable of efficiently managing and supervising the
2construction process and has taken sufficient action to ensure
3adequate and efficient construction and supervision thereof;
4and (3) that the utility is capable of financing the proposed
5construction without significant adverse financial
6consequences for the utility or its customers.
7    (b-5) As used in this subsection (b-5):
8    "Qualifying direct current applicant" means an entity that
9seeks to provide direct current bulk transmission service for
10the purpose of transporting electric energy in interstate
11commerce.
12    "Qualifying direct current project" means a high voltage
13direct current electric service line that crosses at least one
14Illinois border, the Illinois portion of which is physically
15located within the region of the Midcontinent Independent
16System Operator, Inc., or its successor organization, and runs
17through the counties of Pike, Scott, Greene, Macoupin,
18Montgomery, Christian, Shelby, Cumberland, and Clark, is
19capable of transmitting electricity at voltages of 345
20kilovolts 345kv or above, and may also include associated
21interconnected alternating current interconnection facilities
22in this State that are part of the proposed project and
23reasonably necessary to connect the project with other
24portions of the grid.
25    Notwithstanding any other provision of this Act, a
26qualifying direct current applicant that does not own,

 

 

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1control, operate, or manage, within this State, any plant,
2equipment, or property used or to be used for the transmission
3of electricity at the time of its application or of the
4Commission's order may file an application on or before
5December 31, 2023 with the Commission pursuant to this Section
6or Section 8-406.1 for, and the Commission may grant, a
7certificate of public convenience and necessity to construct,
8operate, and maintain a qualifying direct current project. The
9qualifying direct current applicant may also include in the
10application requests for authority under Section 8-503. The
11Commission shall grant the application for a certificate of
12public convenience and necessity and requests for authority
13under Section 8-503 if it finds that the qualifying direct
14current applicant and the proposed qualifying direct current
15project satisfy the requirements of this subsection and
16otherwise satisfy the criteria of this Section or Section
178-406.1 and the criteria of Section 8-503, as applicable to
18the application and to the extent such criteria are not
19superseded by the provisions of this subsection. The
20Commission's order on the application for the certificate of
21public convenience and necessity shall also include the
22Commission's findings and determinations on the request or
23requests for authority pursuant to Section 8-503. Prior to
24filing its application under either this Section or Section
258-406.1, the qualifying direct current applicant shall conduct
263 public meetings in accordance with subsection (h) of this

 

 

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1Section. If the qualifying direct current applicant
2demonstrates in its application that the proposed qualifying
3direct current project is designed to deliver electricity to a
4point or points on the electric transmission grid in either or
5both the PJM Interconnection, LLC or the Midcontinent
6Independent System Operator, Inc., or their respective
7successor organizations, the proposed qualifying direct
8current project shall be deemed to be, and the Commission
9shall find it to be, for public use. If the qualifying direct
10current applicant further demonstrates in its application that
11the proposed transmission project has a capacity of 1,000
12megawatts or larger and a voltage level of 345 kilovolts or
13greater, the proposed transmission project shall be deemed to
14satisfy, and the Commission shall find that it satisfies, the
15criteria stated in item (1) of subsection (b) of this Section
16or in paragraph (1) of subsection (f) of Section 8-406.1, as
17applicable to the application, without the taking of
18additional evidence on these criteria. Prior to the transfer
19of functional control of any transmission assets to a regional
20transmission organization, a qualifying direct current
21applicant shall request Commission approval to join a regional
22transmission organization in an application filed pursuant to
23this subsection (b-5) or separately pursuant to Section 7-102
24of this Act. The Commission may grant permission to a
25qualifying direct current applicant to join a regional
26transmission organization if it finds that the membership, and

 

 

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1associated transfer of functional control of transmission
2assets, benefits Illinois customers in light of the attendant
3costs and is otherwise in the public interest. Nothing in this
4subsection (b-5) requires a qualifying direct current
5applicant to join a regional transmission organization.
6Nothing in this subsection (b-5) requires the owner or
7operator of a high voltage direct current transmission line
8that is not a qualifying direct current project to obtain a
9certificate of public convenience and necessity to the extent
10it is not otherwise required by this Section 8-406 or any other
11provision of this Act.
12    (c) After September 11, 1987 (the effective date of Public
13Act 85-377) this amendatory Act of 1987, no construction shall
14commence on any new nuclear power plant to be located within
15this State, and no certificate of public convenience and
16necessity or other authorization shall be issued therefor by
17the Commission, until the Director of the Illinois
18Environmental Protection Agency finds that the United States
19Government, through its authorized agency, has identified and
20approved a demonstrable technology or means for the disposal
21of high level nuclear waste, or until such construction has
22been specifically approved by a statute enacted by the General
23Assembly.
24    As used in this Section, "high level nuclear waste" means
25those aqueous wastes resulting from the operation of the first
26cycle of the solvent extraction system or equivalent and the

 

 

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1concentrated wastes of the subsequent extraction cycles or
2equivalent in a facility for reprocessing irradiated reactor
3fuel and shall include spent fuel assemblies prior to fuel
4reprocessing.
5    (d) In making its determination under subsection (b) of
6this Section, the Commission shall attach primary weight to
7the cost or cost savings to the customers of the utility. The
8Commission may consider any or all factors which will or may
9affect such cost or cost savings, including the public
10utility's engineering judgment regarding the materials used
11for construction.
12    (e) The Commission may issue a temporary certificate which
13shall remain in force not to exceed one year in cases of
14emergency, to assure maintenance of adequate service or to
15serve particular customers, without notice or hearing, pending
16the determination of an application for a certificate, and may
17by regulation exempt from the requirements of this Section
18temporary acts or operations for which the issuance of a
19certificate will not be required in the public interest.
20    A public utility shall not be required to obtain but may
21apply for and obtain a certificate of public convenience and
22necessity pursuant to this Section with respect to any matter
23as to which it has received the authorization or order of the
24Commission under the Electric Supplier Act, and any such
25authorization or order granted a public utility by the
26Commission under that Act shall as between public utilities be

 

 

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1deemed to be, and shall have except as provided in that Act the
2same force and effect as, a certificate of public convenience
3and necessity issued pursuant to this Section.
4    No electric cooperative shall be made or shall become a
5party to or shall be entitled to be heard or to otherwise
6appear or participate in any proceeding initiated under this
7Section for authorization of power plant construction and as
8to matters as to which a remedy is available under the Electric
9Supplier Act.
10    (f) Such certificates may be altered or modified by the
11Commission, upon its own motion or upon application by the
12person or corporation affected. Unless exercised within a
13period of 2 years from the grant thereof, authority conferred
14by a certificate of convenience and necessity issued by the
15Commission shall be null and void.
16    No certificate of public convenience and necessity shall
17be construed as granting a monopoly or an exclusive privilege,
18immunity or franchise.
19    (g) A public utility that undertakes any of the actions
20described in items (1) through (3) of this subsection (g) or
21that has obtained approval pursuant to Section 8-406.1 of this
22Act shall not be required to comply with the requirements of
23this Section to the extent such requirements otherwise would
24apply. For purposes of this Section and Section 8-406.1 of
25this Act, "high voltage electric service line" means an
26electric line having a design voltage of 100,000 or more. For

 

 

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1purposes of this subsection (g), a public utility may do any of
2the following:
3        (1) replace or upgrade any existing high voltage
4    electric service line and related facilities,
5    notwithstanding its length;
6        (2) relocate any existing high voltage electric
7    service line and related facilities, notwithstanding its
8    length, to accommodate construction or expansion of a
9    roadway or other transportation infrastructure; or
10        (3) construct a high voltage electric service line and
11    related facilities that is constructed solely to serve a
12    single customer's premises or to provide a generator
13    interconnection to the public utility's transmission
14    system and that will pass under or over the premises owned
15    by the customer or generator to be served or under or over
16    premises for which the customer or generator has secured
17    the necessary right of way.
18    (h) A public utility seeking to construct a high-voltage
19electric service line and related facilities (Project) must
20show that the utility has held a minimum of 2 pre-filing public
21meetings to receive public comment concerning the Project in
22each county where the Project is to be located, no earlier than
236 months prior to filing an application for a certificate of
24public convenience and necessity from the Commission. Notice
25of the public meeting shall be published in a newspaper of
26general circulation within the affected county once a week for

 

 

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13 consecutive weeks, beginning no earlier than one month prior
2to the first public meeting. If the Project traverses 2
3contiguous counties and where in one county the transmission
4line mileage and number of landowners over whose property the
5proposed route traverses is one-fifth or less of the
6transmission line mileage and number of such landowners of the
7other county, then the utility may combine the 2 pre-filing
8meetings in the county with the greater transmission line
9mileage and affected landowners. All other requirements
10regarding pre-filing meetings shall apply in both counties.
11Notice of the public meeting, including a description of the
12Project, must be provided in writing to the clerk of each
13county where the Project is to be located. A representative of
14the Commission shall be invited to each pre-filing public
15meeting.
16    (i) For applications filed after August 18, 2015 (the
17effective date of Public Act 99-399) this amendatory Act of
18the 99th General Assembly, the Commission shall, by certified
19mail, registered mail notify each owner of record of land, as
20identified in the records of the relevant county tax assessor,
21included in the right-of-way over which the utility seeks in
22its application to construct a high-voltage electric line of
23the time and place scheduled for the initial hearing on the
24public utility's application. The utility shall reimburse the
25Commission for the cost of the postage and supplies incurred
26for mailing the notice.

 

 

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1(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
2revised 10-21-21.)
 
3    (220 ILCS 5/8-406.1)
4    Sec. 8-406.1. Certificate of public convenience and
5necessity; expedited procedure.
6    (a) A public utility may apply for a certificate of public
7convenience and necessity pursuant to this Section for the
8construction of any new high voltage electric service line and
9related facilities (Project). To facilitate the expedited
10review process of an application filed pursuant to this
11Section, an application shall include all of the following:
12        (1) Information in support of the application that
13    shall include the following:
14            (A) A detailed description of the Project,
15        including location maps and plot plans to scale
16        showing all major components.
17            (B) The following engineering data:
18                (i) a detailed Project description including:
19                    (I) name and destination of the Project;
20                    (II) design voltage rating (kV);
21                    (III) operating voltage rating (kV); and
22                    (IV) normal peak operating current rating;
23                (ii) a conductor, structures, and substations
24            description including:
25                    (I) conductor size and type;

 

 

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1                    (II) type of structures;
2                    (III) height of typical structures;
3                    (IV) an explanation why these structures
4                were selected;
5                    (V) dimensional drawings of the typical
6                structures to be used in the Project; and
7                    (VI) a list of the names of all new (and
8                existing if applicable) substations or
9                switching stations that will be associated
10                with the proposed new high voltage electric
11                service line;
12                (iii) the location of the site and
13            right-of-way including:
14                    (I) miles of right-of-way;
15                    (II) miles of circuit;
16                    (III) width of the right-of-way; and
17                    (IV) a brief description of the area
18                traversed by the proposed high voltage
19                electric service line, including a description
20                of the general land uses in the area and the
21                type of terrain crossed by the proposed line;
22                (iv) assumptions, bases, formulae, and methods
23            used in the development and preparation of the
24            diagrams and accompanying data, and a technical
25            description providing the following information:
26                    (I) number of circuits, with

 

 

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1                identification as to whether the circuit is
2                overhead or underground;
3                    (II) the operating voltage and frequency;
4                and
5                    (III) conductor size and type and number
6                of conductors per phase;
7                (v) if the proposed interconnection is an
8            overhead line, the following additional
9            information also must be provided:
10                    (I) the wind and ice loading design
11                parameters;
12                    (II) a full description and drawing of a
13                typical supporting structure, including
14                strength specifications;
15                    (III) structure spacing with typical
16                ruling and maximum spans;
17                    (IV) conductor (phase) spacing; and
18                    (V) the designed line-to-ground and
19                conductor-side clearances;
20                (vi) if an underground or underwater
21            interconnection is proposed, the following
22            additional information also must be provided:
23                    (I) burial depth;
24                    (II) type of cable and a description of
25                any required supporting equipment, such as
26                insulation medium pressurizing or forced

 

 

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1                cooling;
2                    (III) cathodic protection scheme; and
3                    (IV) type of dielectric fluid and
4                safeguards used to limit potential spills in
5                waterways;
6                (vii) technical diagrams that provide
7            clarification of any item under this item (1)
8            should be included; and
9                (viii) applicant shall provide and identify a
10            primary right-of-way and one or more alternate
11            rights-of-way for the Project as part of the
12            filing. To the extent applicable, for each
13            right-of-way, an applicant shall provide the
14            information described in this subsection (a). Upon
15            a showing of good cause in its filing, an
16            applicant may be excused from providing and
17            identifying alternate rights-of-way.
18        (2) An application fee of $100,000, which shall be
19    paid into the Public Utility Fund at the time the Chief
20    Clerk of the Commission deems it complete and accepts the
21    filing.
22        (3) Information showing that the utility has held a
23    minimum of 3 pre-filing public meetings to receive public
24    comment concerning the Project in each county where the
25    Project is to be located, no earlier than 6 months prior to
26    the filing of the application. Notice of the public

 

 

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1    meeting shall be published in a newspaper of general
2    circulation within the affected county once a week for 3
3    consecutive weeks, beginning no earlier than one month
4    prior to the first public meeting. If the Project
5    traverses 2 contiguous counties and where in one county
6    the transmission line mileage and number of landowners
7    over whose property the proposed route traverses is 1/5 or
8    less of the transmission line mileage and number of such
9    landowners of the other county, then the utility may
10    combine the 3 pre-filing meetings in the county with the
11    greater transmission line mileage and affected landowners.
12    All other requirements regarding pre-filing meetings shall
13    apply in both counties. Notice of the public meeting,
14    including a description of the Project, must be provided
15    in writing to the clerk of each county where the Project is
16    to be located. A representative of the Commission shall be
17    invited to each pre-filing public meeting.
18    For applications filed after the effective date of this
19amendatory Act of the 99th General Assembly, the Commission
20shall, by certified mail, registered mail notify each owner of
21record of the land, as identified in the records of the
22relevant county tax assessor, included in the primary or
23alternate rights-of-way identified in the utility's
24application of the time and place scheduled for the initial
25hearing upon the public utility's application. The utility
26shall reimburse the Commission for the cost of the postage and

 

 

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1supplies incurred for mailing the notice.
2    (b) At the first status hearing the administrative law
3judge shall set a schedule for discovery that shall take into
4consideration the expedited nature of the proceeding.
5    (c) Nothing in this Section prohibits a utility from
6requesting, or the Commission from approving, protection of
7confidential or proprietary information under applicable law.
8The public utility may seek confidential protection of any of
9the information provided pursuant to this Section, subject to
10Commission approval.
11    (d) The public utility shall publish notice of its
12application in the official State newspaper within 10 days
13following the date of the application's filing.
14    (e) The public utility shall establish a dedicated website
15for the Project 3 weeks prior to the first public meeting and
16maintain the website until construction of the Project is
17complete. The website address shall be included in all public
18notices.
19    (f) The Commission shall, after notice and hearing, grant
20a certificate of public convenience and necessity filed in
21accordance with the requirements of this Section if, based
22upon the application filed with the Commission and the
23evidentiary record, it finds the Project will promote the
24public convenience and necessity and that all of the following
25criteria are satisfied:
26        (1) That the Project is necessary to provide adequate,

 

 

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1    reliable, and efficient service to the public utility's
2    customers and is the least-cost means of satisfying the
3    service needs of the public utility's customers or that
4    the Project will promote the development of an effectively
5    competitive electricity market that operates efficiently,
6    is equitable to all customers, and is the least cost means
7    of satisfying those objectives.
8        (2) That the public utility is capable of efficiently
9    managing and supervising the construction process and has
10    taken sufficient action to ensure adequate and efficient
11    construction and supervision of the construction.
12        (3) That the public utility is capable of financing
13    the proposed construction without significant adverse
14    financial consequences for the utility or its customers.
15    (g) The Commission shall issue its decision with findings
16of fact and conclusions of law granting or denying the
17application no later than 150 days after the application is
18filed. The Commission may extend the 150-day deadline upon
19notice by an additional 75 days if, on or before the 30th day
20after the filing of the application, the Commission finds that
21good cause exists to extend the 150-day period.
22    (h) In the event the Commission grants a public utility's
23application for a certificate pursuant to this Section, the
24public utility shall pay a one-time construction fee to each
25county in which the Project is constructed within 30 days
26after the completion of construction. The construction fee

 

 

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1shall be $20,000 per mile of high voltage electric service
2line constructed in that county, or a proportionate fraction
3of that fee. The fee shall be in lieu of any permitting fees
4that otherwise would be imposed by a county. Counties
5receiving a payment under this subsection (h) may distribute
6all or portions of the fee to local taxing districts in that
7county.
8    (i) Notwithstanding any other provisions of this Act, a
9decision granting a certificate under this Section shall
10include an order pursuant to Section 8-503 of this Act
11authorizing or directing the construction of the high voltage
12electric service line and related facilities as approved by
13the Commission, in the manner and within the time specified in
14said order.
15(Source: P.A. 99-399, eff. 8-18-15.)