Illinois General Assembly - Full Text of HB3445
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3445  103rd General Assembly


Sen. Steve Stadelman

Filed: 5/25/2023





10300HB3445sam004LRB103 29599 RPS 62494 a


2    AMENDMENT NO. ______. Amend House Bill 3445, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 3, on page 217, line 15, after "Section 4-610", by
5inserting "and Article XXIII"; and
6on page 220, immediately below line 25, by inserting the
8    "(220 ILCS 5/Art. XXIII heading new)

10    (220 ILCS 5/23-100 new)
11    Sec. 23-100. Short title. This Article may be cited as the
12Transmission Efficiency and Cooperation Law.
13    (220 ILCS 5/23-105 new)
14    Sec. 23-105. Incumbent transmission line owner rights.



10300HB3445sam004- 2 -LRB103 29599 RPS 62494 a

1    (a) As used in this Section:
2    "Electric transmission line" means a transmission line
3that is designed and constructed with the capability of being
4safely and reliably energized at 100 kilovolts or more and its
5associated transmission facilities, including transmission
6substations. "Electric transmission line" does not include
7electric transmission lines located on an electric generating
8facility's side of the facility's point of interconnection
9with an incumbent electric transmission line owner.
10    "Incumbent electric transmission owner" means any public
11utility, municipal corporation, or electric cooperative that
12owns, operates, and maintains at least one electric
13transmission line in this State.
14    "Regional transmission operator" means a regional
15transmission organization, independent system operator, or
16equivalent entity approved by the Federal Energy Regulatory
17Commission, or its successor agency, that exercises functional
18control over electric transmission lines located in this
20    "Transmission affiliate" means any company that has been
21issued a certificate of public convenience and necessity in
22Illinois authorizing it to own and operate an electric
23transmission line, and is an Illinois electric utility as
24defined in Section 16-102 or an affiliate thereof through a
25common ownership structure.
26    "Transmission plan" means a transmission plan adopted by



10300HB3445sam004- 3 -LRB103 29599 RPS 62494 a

1the Midcontinent Independent System Operator between January
21, 2022 and December 31, 2024.
3    (b) An incumbent electric transmission owner has the right
4to construct, own, and maintain an electric transmission line
5that has been approved for construction in a transmission plan
6and that will connect to facilities that are owned by that
7incumbent electric transmission owner and are or will be under
8the functional control of the Midcontinent Independent System
9Operator. The right to construct, own, and maintain any such
10electric transmission line that will connect to facilities
11located in the Midcontinent Independent System Operator region
12of the State and owned by 2 or more incumbent electric
13transmission owners belongs individually and proportionally to
14each incumbent electric transmission owner, unless otherwise
15agreed upon in writing. An incumbent electric transmission
16owner shall be permitted to assign its right to construct,
17own, and maintain an electric transmission line to a
18transmission affiliate.
19    (c) Nothing in this Section limits the right of any
20incumbent electric transmission owner to construct, own, and
21maintain any transmission equipment or facilities that have a
22capacity of less than 100 kilovolts or of any entity otherwise
23qualified under this Act to own, operate, and maintain
24electric transmission facilities that are not approved for
25construction in a transmission plan or that will not connect
26to facilities under the functional control of a regional



10300HB3445sam004- 4 -LRB103 29599 RPS 62494 a

1transmission operator.
2    (d) Nothing in this Section shall be construed to impair,
3abridge, or diminish in any way the powers, rights, and
4privileges of municipal corporations that are not incumbent
5electric transmission owners to partner with an incumbent
6electric transmission owner on the development and ownership
7of an electric transmission line included in a transmission
8plan or to develop, construct, own, operate, maintain,
9upgrade, and renew facilities that are not included in a
10transmission plan but that are necessary or convenient in the
11provision of electric service, directly or indirectly, to
12citizens and businesses located in the service areas of
13municipal systems as that term is defined in Section 17-100,
14including the rights of such municipal systems and of
15municipal power agencies as defined in Section 11-119.1-3 of
16the Illinois Municipal Code to develop, construct, own,
17operate, maintain, upgrade, and renew such electric
18transmission lines and related facilities.
19    (e) Nothing in this Section shall relieve an incumbent
20electric transmission owner asserting its right to construct
21an electric transmission line, or its transmission affiliate
22as applicable, of the requirement to file an application for a
23certificate of convenience and necessity to the extent
24otherwise required by this Act.
25    (f) Within 90 days after the later of the effective date of
26this amendatory Act of the 103rd General Assembly or approval



10300HB3445sam004- 5 -LRB103 29599 RPS 62494 a

1of the construction of an electric transmission line by a
2regional transmission operator, an incumbent electric
3transmission owner otherwise authorized to engage in the
4construction under this Section may provide notice to the
5Commission and the applicable regional transmission operator
6indicating it will not construct any or all of the electric
7transmission line so approved, or it will assign any or all of
8the construction to a transmission affiliate. If the notice is
9given and indicates the notifying incumbent electric
10transmission owner or its transmission affiliate will not
11construct any or all of the electric transmission line so
12approved, the incumbent electric transmission owner shall
13indicate the reason for that election, and the Commission may
14grant permission and approval for such construction to another
15entity otherwise qualified to own and operate the electric
16transmission line pursuant to this Act.".