Sen. Steve Stadelman
Filed: 5/25/2023
 
 


 




10300HB3445sam004LRB103 29599 RPS 62494 a



1
AMENDMENT TO HOUSE BILL 3445




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 
7following:


8 "(220 ILCS 5/Art. XXIII heading new)
9
ARTICLE XXIII.  TRANSMISSION EFFICIENCY AND COOPERATION LAW


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.
 
 
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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 
19State.
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 
 
 
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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 
 
 
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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 
 
 
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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.".