Bill Text: IL HB3207 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Modifies the requirements for an application for a certificate of public convenience and necessity for the construction of new high voltage electric service lines and related facilities (Project). Provides that an applicant must provide and identify a proposed primary right-of-way and one or more alternate rights-of-way for the Project at the first public meeting held in each county. Requires that the public be provided the opportunity to comment on the proposed primary and alternate rights-of-way. Requires notice of the time and place scheduled for the public meeting to be provided by registered mail to each owner of record of land included in the proposed primary and alternate rights-of-way over which the utility seeks to construct a high-voltage electric line. Provides that for applications filed after the effective date of this amendatory Act, certificates granted for Projects that will impact agricultural land shall be conditioned on the applicant adhering to an agricultural impact mitigation agreement that he or she has entered into with the Department of Agriculture that outlines the mitigative actions the applicant will take to preserve the integrity of agricultural land impacted by the Project. Provides that if a public utility seeks relief to exercise eminent domain power to make necessary alterations, additions, extensions, or improvements ordered or authorized under certain specified Sections after the Commission enters its order in a proceeding for a certificate of public convenience and necessity for a Project, the Commission shall issue its order within 180 (rather than 45) days after the utility files its petition seeking relief. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3207 Detail]

Download: Illinois-2017-HB3207-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3207 Introduced , by Rep. Lindsay Parkhurst SYNOPSIS AS INTRODUCED:
220 ILCS 5/8-406.1
220 ILCS 5/8-509 from Ch. 111 2/3, par. 8-509
Amends the Public Utilities Act. Modifies the requirements for an application for a certificate of public convenience and necessity for the construction of new high voltage electric service lines and related facilities (Project). Provides that an applicant must provide and identify a proposed primary right-of-way and one or more alternate rights-of-way for the Project at the first public meeting held in each county. Requires that the public be provided the opportunity to comment on the proposed primary and alternate rights-of-way. Requires notice of the time and place scheduled for the public meeting to be provided by registered mail to each owner of record of land included in the proposed primary and alternate rights-of-way over which the utility seeks to construct a high-voltage electric line. Provides that for applications filed after the effective date of this amendatory Act, certificates granted for Projects that will impact agricultural land shall be conditioned on the applicant adhering to an agricultural impact mitigation agreement that he or she has entered into with the Department of Agriculture that outlines the mitigative actions the applicant will take to preserve the integrity of agricultural land impacted by the Project. Provides that if a public utility seeks relief to exercise eminent domain power to make necessary alterations, additions, extensions, or improvements ordered or authorized under certain specified Sections after the Commission enters its order in a proceeding for a certificate of public convenience and necessity for a Project, the Commission shall issue its order within 180 (rather than 45) days after the utility files its petition seeking relief. Effective immediately.
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A BILL FOR
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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 changing
Sections 8-406.1 and 8-509 as follows:
(220 ILCS 5/8-406.1)
Sec. 8-406.1. Certificate of public convenience and
necessity; expedited procedure.
(a) A public utility may apply for a certificate of public
convenience and necessity pursuant to this Section for the
construction of any new high voltage electric service line and
related facilities (Project). To facilitate the expedited
review process of an application filed pursuant to this
Section, an application shall include all of the following:
(1) Information in support of the application that
shall include the following:
(A) A detailed description of the Project,
including location maps and plot plans to scale showing
all major components.
(B) The following engineering data:
(i) a detailed Project description including:
(I) name and destination of the Project;
(II) design voltage rating (kV);

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(III) operating voltage rating (kV); and
(IV) normal peak operating current rating;
(ii) a conductor, structures, and substations
description including:
(I) conductor size and type;
(II) type of structures;
(III) height of typical structures;
(IV) an explanation why these structures
were selected;
(V) dimensional drawings of the typical
structures to be used in the Project; and
(VI) a list of the names of all new (and
existing if applicable) substations or
switching stations that will be associated
with the proposed new high voltage electric
service line;
(iii) the location of the site and
right-of-way including:
(I) miles of right-of-way;
(II) miles of circuit;
(III) width of the right-of-way; and
(IV) a brief description of the area
traversed by the proposed high voltage
electric service line, including a description
of the general land uses in the area and the
type of terrain crossed by the proposed line;

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(iv) assumptions, bases, formulae, and methods
used in the development and preparation of the
diagrams and accompanying data, and a technical
description providing the following information:
(I) number of circuits, with
identification as to whether the circuit is
overhead or underground;
(II) the operating voltage and frequency;
and
(III) conductor size and type and number
of conductors per phase;
(v) if the proposed interconnection is an
overhead line, the following additional
information also must be provided:
(I) the wind and ice loading design
parameters;
(II) a full description and drawing of a
typical supporting structure, including
strength specifications;
(III) structure spacing with typical
ruling and maximum spans;
(IV) conductor (phase) spacing; and
(V) the designed line-to-ground and
conductor-side clearances;
(vi) if an underground or underwater
interconnection is proposed, the following

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additional information also must be provided:
(I) burial depth;
(II) type of cable and a description of any
required supporting equipment, such as
insulation medium pressurizing or forced
cooling;
(III) cathodic protection scheme; and
(IV) type of dielectric fluid and
safeguards used to limit potential spills in
waterways;
(vii) technical diagrams that provide
clarification of any item under this item (1)
should be included; and
(viii) applicant shall provide and identify a
primary right-of-way and one or more alternate
rights-of-way for the Project as part of the
filing. To the extent applicable, for each
right-of-way, an applicant shall provide the
information described in this subsection (a). Upon
a showing of good cause in its filing, an applicant
may be excused from providing and identifying
alternate rights-of-way.
(2) An application fee of $100,000, which shall be paid
into the Public Utility Fund at the time the Chief Clerk of
the Commission deems it complete and accepts the filing.
(3) A complete record of Information showing that the

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utility has held a minimum of 3 pre-filing public meetings
to receive public comment concerning the Project in each
county where the Project is to be located, no earlier than
6 months prior to the filing of the application. The
applicant must provide and identify a proposed primary
right-of-way and one or more alternate rights-of-way for
the Project at the first public meeting held in each
county. The public shall be provided the opportunity to
comment on the proposed primary and alternate
rights-of-way. Notice of the public meeting shall be
published in a newspaper of general circulation within the
affected county once a week for 3 consecutive weeks,
beginning no earlier than one month prior to the first
public meeting. Notice of the time and place scheduled for
the public meeting must also be provided by registered mail
to each owner of record of land, as identified in the
records of the relevant county tax assessor, included in
the proposed primary and alternate rights-of-way over
which the utility seeks to construct a high-voltage
electric line. If the Project traverses 2 contiguous
counties and where in one county the transmission line
mileage and number of landowners over whose property the
proposed route traverses is 1/5 or less of the transmission
line mileage and number of such landowners of the other
county, then the utility may combine the 3 pre-filing
meetings in the county with the greater transmission line

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mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both
counties. Notice of the public meeting, including a
description of the Project, must be provided in writing to
the clerk of each county where the Project is to be
located. A representative of the Commission shall be
invited to each pre-filing public meeting.
For applications filed after the effective date of this
amendatory Act of the 99th General Assembly, the Commission
shall by registered mail notify each owner of record of the
land, as identified in the records of the relevant county tax
assessor, included in the primary or alternate rights-of-way
identified in the utility's application of the time and place
scheduled for the initial hearing upon the public utility's
application. The utility shall reimburse the Commission for the
cost of the postage and supplies incurred for mailing the
notice.
(b) At the first status hearing the administrative law
judge shall set a schedule for discovery that shall take into
consideration the expedited nature of the proceeding.
(c) Nothing in this Section prohibits a utility from
requesting, or the Commission from approving, protection of
confidential or proprietary information under applicable law.
The public utility may seek confidential protection of any of
the information provided pursuant to this Section, subject to
Commission approval.

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(d) The public utility shall publish notice of its
application in the official State newspaper within 10 days
following the date of the application's filing.
(e) The public utility shall establish a dedicated website
for the Project 3 weeks prior to the first public meeting and
maintain the website until construction of the Project is
complete. The website address shall be included in all public
notices.
(f) The Commission shall, after notice and hearing, grant a
certificate of public convenience and necessity filed in
accordance with the requirements of this Section if, based upon
the application filed with the Commission and the evidentiary
record, it finds the Project will promote the public
convenience and necessity and that all of the following
criteria are satisfied:
(1) That the Project is necessary to provide adequate,
reliable, and efficient service to the public utility's
customers and is the least-cost means of satisfying the
service needs of the public utility's customers or that the
Project will promote the development of an effectively
competitive electricity market that operates efficiently,
is equitable to all customers, and is the least cost means
of satisfying those objectives.
(2) That the public utility is capable of efficiently
managing and supervising the construction process and has
taken sufficient action to ensure adequate and efficient

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construction and supervision of the construction.
(3) That the public utility is capable of financing the
proposed construction without significant adverse
financial consequences for the utility or its customers.
(g) The Commission shall issue its decision with findings
of fact and conclusions of law granting or denying the
application no later than 150 days after the application is
filed. The Commission may extend the 150-day deadline upon
notice by an additional 75 days if, on or before the 30th day
after the filing of the application, the Commission finds that
good cause exists to extend the 150-day period.
(h) In the event the Commission grants a public utility's
application for a certificate pursuant to this Section, the
public utility shall pay a one-time construction fee to each
county in which the Project is constructed within 30 days after
the completion of construction. The construction fee shall be
$20,000 per mile of high voltage electric service line
constructed in that county, or a proportionate fraction of that
fee. The fee shall be in lieu of any permitting fees that
otherwise would be imposed by a county. Counties receiving a
payment under this subsection (h) may distribute all or
portions of the fee to local taxing districts in that county.
(i) Notwithstanding any other provisions of this Act, a
decision granting a certificate under this Section shall
include an order pursuant to Section 8-503 of this Act
authorizing or directing the construction of the high voltage

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electric service line and related facilities as approved by the
Commission, in the manner and within the time specified in said
order.
(j) For applications filed after the effective date of this
amendatory Act of the 100th General Assembly, certificates
granted under this Section for Projects that will impact
agricultural land shall be conditioned on the applicant
adhering to an agricultural impact mitigation agreement that he
or she has entered into with the Department of Agriculture that
outlines the mitigative actions the applicant will take to
preserve the integrity of agricultural land impacted by the
Project.
(Source: P.A. 99-399, eff. 8-18-15.)
(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
Sec. 8-509. When necessary for the construction of any
alterations, additions, extensions or improvements ordered or
authorized under Section 8-406.1, 8-503, or 12-218 of this Act,
any public utility may enter upon, take or damage private
property in the manner provided for by the law of eminent
domain. If a public utility seeks relief under this Section in
the same proceeding in which it seeks a certificate of public
convenience and necessity under Section 8-406.1 of this Act,
the Commission shall enter its order under this Section either
as part of the Section 8-406.1 order or at the same time it
enters the Section 8-406.1 order. If a public utility seeks

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relief under this Section after the Commission enters its order
in the Section 8-406.1 proceeding, the Commission shall issue
its order under this Section within 180 45 days after the
utility files its petition under this Section.
This Section applies to the exercise of eminent domain
powers by telephone companies or telecommunications carriers
only when the facilities to be constructed are intended to be
used in whole or in part for providing one or more intrastate
telecommunications services classified as "noncompetitive"
under Section 13-502 in a tariff filed by the condemnor. The
exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be
governed solely by "An Act relating to the powers, duties and
property of telephone companies", approved May 16, 1903, as now
or hereafter amended.
(Source: P.A. 96-1348, eff. 7-28-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.