Bill Text: IL SB0321 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Intergovernmental Cooperation Act. Makes a technical change in a Section defining terms under the Act.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0733 [SB0321 Detail]
Download: Illinois-2015-SB0321-Chaptered.html
| ||||
| Public Act 099-0733 | ||||
| ||||
| ||||
AN ACT concerning government.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The River Edge Redevelopment Zone Act is amended | ||||
by changing Section 10-10.1 as follows:
| ||||
(65 ILCS 115/10-10.1) | ||||
(Section scheduled to be repealed on July 29, 2017) | ||||
Sec. 10-10.1. Utility facilities. | ||||
(a) It is in the public interest that costs for | ||||
redevelopment in a River Edge Redevelopment Zone impacting a | ||||
public utility, as defined by Section 3-105 of the Public | ||||
Utilities Act, or a public utility's property, as described in | ||||
subsection (b) of this Section, should not be allocated solely | ||||
to the entity engaging in economic redevelopment because this | ||||
economic redevelopment benefits the utility service territory | ||||
as a whole and not just the particular area where the | ||||
redevelopment occurs. | ||||
(b) A public utility that has facilities or land affected | ||||
by the clean-up, remediation, and redevelopment of a River Edge | ||||
Redevelopment Zone and that incurs costs related to the | ||||
remediation or the removing or relocating of utility facilities | ||||
in the River Edge Redevelopment Zone may recover these costs | ||||
pursuant to subsections (c) and (d) of this Section. | ||||
(c) The reasonable and prudent costs incurred by a public | ||
utility for facility removal or relocation described in | ||
subsection (b) of this Section shall be shared equally among | ||
the public utility, the municipality in which the facility is | ||
located, and any landowner that is located within 100 feet of | ||
the utility facility and that directly benefits from the | ||
removal or relocation of the utility facility or the | ||
redevelopment of the public utility's land. In no event shall | ||
the costs incurred by each municipality or landowner for a | ||
given project exceed an equal percentage of the total direct, | ||
indirect, and overhead project costs, or $3,667,000 each, | ||
whichever amount is less. The reasonable and prudent costs | ||
incurred by the public utility for facility removal or | ||
relocation that are not the responsibility of the municipality | ||
or landowner under this subsection (c) shall be recovered by | ||
the public utility from all retail customers located in the | ||
municipality or municipalities in which the removal or | ||
relocation occurs through an appropriate tariff mechanism, and | ||
the public utility may record and defer such costs as a | ||
regulatory asset until they are so recovered. | ||
(d) The Illinois Commerce Commission shall allow a public | ||
utility described in subsection (b) to fully recover from all | ||
retail customers in its service territory all reasonable and | ||
prudent costs that it incurs in conducting environmental | ||
remediation in the River Edge Redevelopment Zone related to the | ||
removal or relocation of utility facilities in the River Edge | ||
Redevelopment Zone, including, but not limited to, | ||
transmission and distribution lines, transformers, and poles. | ||
These environmental remediation costs also include, but are not | ||
limited to, direct, indirect, and overhead costs calculated by | ||
the public utility for taxes or other charges, cost adjustments | ||
made after the project has begun, and any other environmental | ||
remediation-related charges. The public utility shall record | ||
and defer such costs as a regulatory asset to be included in | ||
the public utility's total rate base and amortized in the | ||
public utility's next filing for a general increase in rates | ||
over a reasonable period that is shorter than the life of the | ||
affected facility or facilities. Such regulatory assets shall | ||
be collected from all residential and commercial ratepayers | ||
system-wide, and not only from ratepayers in the municipality's | ||
corporate limits. In the event the River Edge Redevelopment | ||
Zone is decertified, the public utility shall be permitted to | ||
recover all reasonable and prudent costs incurred as of the | ||
date of the decertification, as well as all reasonable and | ||
prudent costs incurred subsequent to decertification that are | ||
necessary to complete any projects commenced while the River | ||
Edge Redevelopment Zone was certified, consistent with this | ||
Section. | ||
(e) This Section is repealed on August 1, 2020 7 years | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly.
| ||
(Source: P.A. 96-1404, eff. 7-29-10.)
| ||
