Bill Text: IL SB0321 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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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(Section scheduled to be repealed on July 29, 2017)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.

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(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

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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.)