HB4383 Engrossed LRB102 22689 SPS 31835 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Public Utilities Act is amended by changing
5		Sections 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
8		necessity.
9		(a) No public utility not owning any city or village
10		franchise nor engaged in performing any public service or in
11		furnishing any product or commodity within this State as of
12		July 1, 1921 and not possessing a certificate of public
13		convenience and necessity from the Illinois Commerce
14		Commission, the State Public Utilities Commission, or the
15		Public Utilities Commission, at the time Public Act 84-617
16		this amendatory Act of 1985 goes into effect (January 1,
17		1986), shall transact any business in this State until it
18		shall have obtained a certificate from the Commission that
19		public convenience and necessity require the transaction of
20		such business. A certificate of public convenience and
21		necessity requiring the transaction of public utility business
22		in any area of this State shall include authorization to the
23		public utility receiving the certificate of public convenience

HB4383 Engrossed - 2 - LRB102 22689 SPS 31835 b
1		and necessity to construct such plant, equipment, property, or
2		facility as is provided for under the terms and conditions of
3		its tariff and as is necessary to provide utility service and
4		carry out the transaction of public utility business by the
5		public utility in the designated area.
6		(b) No public utility shall begin the construction of any
7		new plant, equipment, property, or facility which is not in
8		substitution of any existing plant, equipment, property, or
9		facility, or any extension or alteration thereof or in
10		addition thereto, unless and until it shall have obtained from
11		the Commission a certificate that public convenience and
12		necessity require such construction. Whenever after a hearing
13		the Commission determines that any new construction or the
14		transaction of any business by a public utility will promote
15		the public convenience and is necessary thereto, it shall have
16		the power to issue certificates of public convenience and
17		necessity. The Commission shall determine that proposed
18		construction will promote the public convenience and necessity
19		only if the utility demonstrates: (1) that the proposed
20		construction is necessary to provide adequate, reliable, and
21		efficient service to its customers and is the least-cost means
22		of satisfying the service needs of its customers or that the
23		proposed construction will promote the development of an
24		effectively competitive electricity market that operates
25		efficiently, is equitable to all customers, and is the least
26		cost means of satisfying those objectives; (2) that the

HB4383 Engrossed - 3 - LRB102 22689 SPS 31835 b
1		utility is capable of efficiently managing and supervising the
2		construction process and has taken sufficient action to ensure
3		adequate and efficient construction and supervision thereof;
4		and (3) that the utility is capable of financing the proposed
5		construction without significant adverse financial
6		consequences 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
9		seeks to provide direct current bulk transmission service for
10		the purpose of transporting electric energy in interstate
11		commerce.
12		"Qualifying direct current project" means a high voltage
13		direct current electric service line that crosses at least one
14		Illinois border, the Illinois portion of which is physically
15		located within the region of the Midcontinent Independent
16		System Operator, Inc., or its successor organization, and runs
17		through the counties of Pike, Scott, Greene, Macoupin,
18		Montgomery, Christian, Shelby, Cumberland, and Clark, is
19		capable of transmitting electricity at voltages of 345
20		kilovolts 345kv or above, and may also include associated
21		interconnected alternating current interconnection facilities
22		in this State that are part of the proposed project and
23		reasonably necessary to connect the project with other
24		portions of the grid.
25		Notwithstanding any other provision of this Act, a
26		qualifying direct current applicant that does not own,

HB4383 Engrossed - 4 - LRB102 22689 SPS 31835 b
1		control, operate, or manage, within this State, any plant,
2		equipment, or property used or to be used for the transmission
3		of electricity at the time of its application or of the
4		Commission's order may file an application on or before
5		December 31, 2023 with the Commission pursuant to this Section
6		or Section 8-406.1 for, and the Commission may grant, a
7		certificate of public convenience and necessity to construct,
8		operate, and maintain a qualifying direct current project. The
9		qualifying direct current applicant may also include in the
10		application requests for authority under Section 8-503. The
11		Commission shall grant the application for a certificate of
12		public convenience and necessity and requests for authority
13		under Section 8-503 if it finds that the qualifying direct
14		current applicant and the proposed qualifying direct current
15		project satisfy the requirements of this subsection and
16		otherwise satisfy the criteria of this Section or Section
17		8-406.1 and the criteria of Section 8-503, as applicable to
18		the application and to the extent such criteria are not
19		superseded by the provisions of this subsection. The
20		Commission's order on the application for the certificate of
21		public convenience and necessity shall also include the
22		Commission's findings and determinations on the request or
23		requests for authority pursuant to Section 8-503. Prior to
24		filing its application under either this Section or Section
25		8-406.1, the qualifying direct current applicant shall conduct
26		3 public meetings in accordance with subsection (h) of this

HB4383 Engrossed - 5 - LRB102 22689 SPS 31835 b
1		Section. If the qualifying direct current applicant
2		demonstrates in its application that the proposed qualifying
3		direct current project is designed to deliver electricity to a
4		point or points on the electric transmission grid in either or
5		both the PJM Interconnection, LLC or the Midcontinent
6		Independent System Operator, Inc., or their respective
7		successor organizations, the proposed qualifying direct
8		current project shall be deemed to be, and the Commission
9		shall find it to be, for public use. If the qualifying direct
10		current applicant further demonstrates in its application that
11		the proposed transmission project has a capacity of 1,000
12		megawatts or larger and a voltage level of 345 kilovolts or
13		greater, the proposed transmission project shall be deemed to
14		satisfy, and the Commission shall find that it satisfies, the
15		criteria stated in item (1) of subsection (b) of this Section
16		or in paragraph (1) of subsection (f) of Section 8-406.1, as
17		applicable to the application, without the taking of
18		additional evidence on these criteria. Prior to the transfer
19		of functional control of any transmission assets to a regional
20		transmission organization, a qualifying direct current
21		applicant shall request Commission approval to join a regional
22		transmission organization in an application filed pursuant to
23		this subsection (b-5) or separately pursuant to Section 7-102
24		of this Act. The Commission may grant permission to a
25		qualifying direct current applicant to join a regional
26		transmission organization if it finds that the membership, and

HB4383 Engrossed - 6 - LRB102 22689 SPS 31835 b
1		associated transfer of functional control of transmission
2		assets, benefits Illinois customers in light of the attendant
3		costs and is otherwise in the public interest. Nothing in this
4		subsection (b-5) requires a qualifying direct current
5		applicant to join a regional transmission organization.
6		Nothing in this subsection (b-5) requires the owner or
7		operator of a high voltage direct current transmission line
8		that is not a qualifying direct current project to obtain a
9		certificate of public convenience and necessity to the extent
10		it is not otherwise required by this Section 8-406 or any other
11		provision of this Act.
12		(c) After September 11, 1987 (the effective date of Public
13		Act 85-377) this amendatory Act of 1987, no construction shall
14		commence on any new nuclear power plant to be located within
15		this State, and no certificate of public convenience and
16		necessity or other authorization shall be issued therefor by
17		the Commission, until the Director of the Illinois
18		Environmental Protection Agency finds that the United States
19		Government, through its authorized agency, has identified and
20		approved a demonstrable technology or means for the disposal
21		of high level nuclear waste, or until such construction has
22		been specifically approved by a statute enacted by the General
23		Assembly.
24		As used in this Section, "high level nuclear waste" means
25		those aqueous wastes resulting from the operation of the first
26		cycle of the solvent extraction system or equivalent and the

HB4383 Engrossed - 7 - LRB102 22689 SPS 31835 b
1		concentrated wastes of the subsequent extraction cycles or
2		equivalent in a facility for reprocessing irradiated reactor
3		fuel and shall include spent fuel assemblies prior to fuel
4		reprocessing.
5		(d) In making its determination under subsection (b) of
6		this Section, the Commission shall attach primary weight to
7		the cost or cost savings to the customers of the utility. The
8		Commission may consider any or all factors which will or may
9		affect such cost or cost savings, including the public
10		utility's engineering judgment regarding the materials used
11		for construction.
12		(e) The Commission may issue a temporary certificate which
13		shall remain in force not to exceed one year in cases of
14		emergency, to assure maintenance of adequate service or to
15		serve particular customers, without notice or hearing, pending
16		the determination of an application for a certificate, and may
17		by regulation exempt from the requirements of this Section
18		temporary acts or operations for which the issuance of a
19		certificate will not be required in the public interest.
20		A public utility shall not be required to obtain but may
21		apply for and obtain a certificate of public convenience and
22		necessity pursuant to this Section with respect to any matter
23		as to which it has received the authorization or order of the
24		Commission under the Electric Supplier Act, and any such
25		authorization or order granted a public utility by the
26		Commission under that Act shall as between public utilities be

HB4383 Engrossed - 8 - LRB102 22689 SPS 31835 b
1		deemed to be, and shall have except as provided in that Act the
2		same force and effect as, a certificate of public convenience
3		and necessity issued pursuant to this Section.
4		No electric cooperative shall be made or shall become a
5		party to or shall be entitled to be heard or to otherwise
6		appear or participate in any proceeding initiated under this
7		Section for authorization of power plant construction and as
8		to matters as to which a remedy is available under the Electric
9		Supplier Act.
10		(f) Such certificates may be altered or modified by the
11		Commission, upon its own motion or upon application by the
12		person or corporation affected. Unless exercised within a
13		period of 2 years from the grant thereof, authority conferred
14		by a certificate of convenience and necessity issued by the
15		Commission shall be null and void.
16		No certificate of public convenience and necessity shall
17		be construed as granting a monopoly or an exclusive privilege,
18		immunity or franchise.
19		(g) A public utility that undertakes any of the actions
20		described in items (1) through (3) of this subsection (g) or
21		that has obtained approval pursuant to Section 8-406.1 of this
22		Act shall not be required to comply with the requirements of
23		this Section to the extent such requirements otherwise would
24		apply. For purposes of this Section and Section 8-406.1 of
25		this Act, "high voltage electric service line" means an
26		electric line having a design voltage of 100,000 or more. For

HB4383 Engrossed - 9 - LRB102 22689 SPS 31835 b
1		purposes of this subsection (g), a public utility may do any of
2		the 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
19		electric service line and related facilities (Project) must
20		show that the utility has held a minimum of 2 pre-filing public
21		meetings to receive public comment concerning the Project in
22		each county where the Project is to be located, no earlier than
23		6 months prior to filing an application for a certificate of
24		public convenience and necessity from the Commission. Notice
25		of the public meeting shall be published in a newspaper of
26		general circulation within the affected county once a week for

HB4383 Engrossed - 10 - LRB102 22689 SPS 31835 b
1		3 consecutive weeks, beginning no earlier than one month prior
2		to the first public meeting. If the Project traverses 2
3		contiguous counties and where in one county the transmission
4		line mileage and number of landowners over whose property the
5		proposed route traverses is one-fifth or less of the
6		transmission line mileage and number of such landowners of the
7		other county, then the utility may combine the 2 pre-filing
8		meetings in the county with the greater transmission line
9		mileage and affected landowners. All other requirements
10		regarding pre-filing meetings shall apply in both counties.
11		Notice of the public meeting, including a description of the
12		Project, must be provided in writing to the clerk of each
13		county where the Project is to be located. A representative of
14		the Commission shall be invited to each pre-filing public
15		meeting.
16		(i) For applications filed after August 18, 2015 (the
17		effective date of Public Act 99-399) this amendatory Act of
18		the 99th General Assembly, the Commission shall, by certified
19		mail, registered mail notify each owner of record of land, as
20		identified in the records of the relevant county tax assessor,
21		included in the right-of-way over which the utility seeks in
22		its application to construct a high-voltage electric line of
23		the time and place scheduled for the initial hearing on the
24		public utility's application. The utility shall reimburse the
25		Commission for the cost of the postage and supplies incurred
26		for mailing the notice.

HB4383 Engrossed - 11 - LRB102 22689 SPS 31835 b
1		(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
2		revised 10-21-21.)
3		(220 ILCS 5/8-406.1)
4		Sec. 8-406.1. Certificate of public convenience and
5		necessity; expedited procedure.
6		(a) A public utility may apply for a certificate of public
7		convenience and necessity pursuant to this Section for the
8		construction of any new high voltage electric service line and
9		related facilities (Project). To facilitate the expedited
10		review process of an application filed pursuant to this
11		Section, 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;

HB4383 Engrossed - 12 - LRB102 22689 SPS 31835 b
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

HB4383 Engrossed - 13 - LRB102 22689 SPS 31835 b
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

HB4383 Engrossed - 14 - LRB102 22689 SPS 31835 b
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

HB4383 Engrossed - 15 - LRB102 22689 SPS 31835 b
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
19		amendatory Act of the 99th General Assembly, the Commission
20		shall, by certified mail, registered mail notify each owner of
21		record of the land, as identified in the records of the
22		relevant county tax assessor, included in the primary or
23		alternate rights-of-way identified in the utility's
24		application of the time and place scheduled for the initial
25		hearing upon the public utility's application. The utility
26		shall reimburse the Commission for the cost of the postage and

HB4383 Engrossed - 16 - LRB102 22689 SPS 31835 b
1		supplies incurred for mailing the notice.
2		(b) At the first status hearing the administrative law
3		judge shall set a schedule for discovery that shall take into
4		consideration the expedited nature of the proceeding.
5		(c) Nothing in this Section prohibits a utility from
6		requesting, or the Commission from approving, protection of
7		confidential or proprietary information under applicable law.
8		The public utility may seek confidential protection of any of
9		the information provided pursuant to this Section, subject to
10		Commission approval.
11		(d) The public utility shall publish notice of its
12		application in the official State newspaper within 10 days
13		following the date of the application's filing.
14		(e) The public utility shall establish a dedicated website
15		for the Project 3 weeks prior to the first public meeting and
16		maintain the website until construction of the Project is
17		complete. The website address shall be included in all public
18		notices.
19		(f) The Commission shall, after notice and hearing, grant
20		a certificate of public convenience and necessity filed in
21		accordance with the requirements of this Section if, based
22		upon the application filed with the Commission and the
23		evidentiary record, it finds the Project will promote the
24		public convenience and necessity and that all of the following
25		criteria are satisfied:
26		(1) That the Project is necessary to provide adequate,

HB4383 Engrossed - 17 - LRB102 22689 SPS 31835 b
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
16		of fact and conclusions of law granting or denying the
17		application no later than 150 days after the application is
18		filed. The Commission may extend the 150-day deadline upon
19		notice by an additional 75 days if, on or before the 30th day
20		after the filing of the application, the Commission finds that
21		good cause exists to extend the 150-day period.
22		(h) In the event the Commission grants a public utility's
23		application for a certificate pursuant to this Section, the
24		public utility shall pay a one-time construction fee to each
25		county in which the Project is constructed within 30 days
26		after the completion of construction. The construction fee

HB4383 Engrossed - 18 - LRB102 22689 SPS 31835 b
1		shall be $20,000 per mile of high voltage electric service
2		line constructed in that county, or a proportionate fraction
3		of that fee. The fee shall be in lieu of any permitting fees
4		that otherwise would be imposed by a county. Counties
5		receiving a payment under this subsection (h) may distribute
6		all or portions of the fee to local taxing districts in that
7		county.
8		(i) Notwithstanding any other provisions of this Act, a
9		decision granting a certificate under this Section shall
10		include an order pursuant to Section 8-503 of this Act
11		authorizing or directing the construction of the high voltage
12		electric service line and related facilities as approved by
13		the Commission, in the manner and within the time specified in
14		said order.
15		(Source: P.A. 99-399, eff. 8-18-15.)