UNDERGROUND UTIL-NOTICE-COLOR Senate SponsorsSen. James F. Clayborne, Jr.-Deanna Demuzio House Sponsors(Rep. Jack McGuire-George Scully, Jr.-Lisa M. Dugan) 1/9/2007SenateSession Sine Die 220 ILCS 50/2from Ch. 111 2/3, par. 1602220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2220 ILCS 50/2.9 new220 ILCS 50/2.10 new220 ILCS 50/4from Ch. 111 2/3, par. 1604220 ILCS 50/6from Ch. 111 2/3, par. 1606220 ILCS 50/10from Ch. 111 2/3, par. 1610Amends the Illinois Underground Utility Facilities Damage Prevention Act. Defines "forty-eight hours" as 2 business days beginning at 8 a.m. and ending at 4 p.m. (exclusive of Saturdays, Sundays, and holidays recognized by the State-Wide One-Call Notice System or a municipal One-Call Notice System). Makes corresponding changes. Defines "open cut utility locate". Provides that an open cut utility locate shall be deemed an emergency for purposes of emergency excavation or demolition requirements. Designates certain colors of flags, stakes, and paint used to mark an underground utility facility or CATS facility for use only by a facility owner or agent or for use only by an excavator. Effective immediately.House Amendment No. 1 Deletes reference to:220 ILCS 50/2from Ch. 111 2/3, par. 1602220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2220 ILCS 50/2.9 new220 ILCS 50/2.10 new220 ILCS 50/4from Ch. 111 2/3, par. 1604220 ILCS 50/6from Ch. 111 2/3, par. 1606220 ILCS 50/10from Ch. 111 2/3, par. 1610Adds reference to:220 ILCS 5/16-102220 ILCS 5/16-111220 ILCS 5/16-113Deletes everything after the enacting clause. Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that the "mandatory transition period" extends through the date on which the Illinois Commerce Commission has approved declarations of competitive service for all classes of service offered in the service areas of all electric utilities that, on December 31, 2005, served at least 100,000 customers (now, the mandatory transition period extends through January 1, 2007). Prohibits the Commission from taking certain actions prior to 2010 (now, the prohibition is during the mandatory transition period) with respect to (i) initiating, authorizing, or ordering any change by way of increase or (ii) in approving an application for a merger, imposing a condition requiring any filing for an increase, decrease, or change in or other review of an electric utility's rates or enforcing such a condition. Deletes a provision prohibiting the Commission from initiating, authorizing, or ordering any change by way of a decrease. Deletes a provision that provides that the Commission is not prohibited from approving the application of an electric utility to implement an alternative to rate of return regulation or a regulatory mechanism that rewards or penalizes the utility through adjustment of rates based on utility performance. Provides that, during the remainder of the mandatory transition period, if any, the Commission may modify rates. Requires the Commission to hold a hearing on any petition by an electric utility requesting the Commission to declare a tariffed service provided by the utility to be a competitive service (now, the Commission shall hold a hearing if the Commission deems it necessary). Provides that the Commission shall declare the class of tariffed service to be a competitive service only if the electric utility demonstrates that at least 33% of the customers in the electric utility's service area that are eligible to take the class of tariffed service instead take service from alternative retail electric suppliers and that at least 3 alternative retail electric suppliers provide service that is comparable to the class of tariffed service to those customers in the utility's service area that do not take service from the electric utility (now, the Commission is required to declare the service to be a competitive service for an identifiable customer segment or group of customers or a clearly defined geographical area within the electricity's service area if the service or a reasonably equivalent substitute service is reasonably available to the customer segment or group or in the defined geographical area at a reasonable price from one or more other providers other than the electric utility or an affiliate and the utility has lost or is reasonably likely to lose business for the service to the other provider or providers). Requires the Commission to make its determination and issue its final order declaring or refusing to declare the service to be a competitive service within 180 (now, 120) days after the date the petition is filed. Deletes provisions that, if the Commission fails to make the determination within that time results within that time period, the petition is deemed to be granted. Effective immediately.State Mandates Fiscal Note, House Amendment No. 1 (H-AM 1)(Dept. of Commerce & Economic Opportunity) In the opinion of the Department of Commerce and Economic Opportunity, SB 1714 (H-AM 1) does not create a State mandate under the State Mandates Act.Fiscal Note, House Amendment No. 1 (H-AM 1)(Illinois Commerce Commission) The Illinois Commerce Commission estimates no fiscal impact from SB 1714 (H-AM 1).Housing Affordability Impact Note, House Amendment No. 1 (H-AM 1)(Housing Development Authority) This bill amends the present act by extending the "mandatory transition period" through 2010, thereby extending a rate freeze for many homeowners. While a rate freeze may keep utility costs from increasing in the short term, there is insufficient information to determine a dollar amount due to rate variations across the State. House Amendment No. 3 Deletes reference to:220 ILCS 50/2from Ch. 111 2/3, par. 1602220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2220 ILCS 50/2.9 new220 ILCS 50/2.10 new220 ILCS 50/4from Ch. 111 2/3, par. 1604220 ILCS 50/6from Ch. 111 2/3, par. 1606220 ILCS 50/10from Ch. 111 2/3, par. 1610Adds reference to:220 ILCS 5/16-102220 ILCS 5/16-111220 ILCS 5/16-113Deletes everything after the enacting clause. Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that the "mandatory transition period" extends through the date on which the Illinois Commerce Commission has approved declarations of competitive service for all classes of service offered in the service areas of all electric utilities that, on December 31, 2005, served at least 100,000 customers (now, the mandatory transition period extends through January 1, 2007). Requires the Commission to order those utilities to file and implement tariffs to reinstate all 2006 rates within 10 days after the effective date. Prohibits the Commission from taking certain actions prior to 2010 (now, the prohibition is during the mandatory transition period) with respect to (i) initiating, authorizing, or ordering any change by way of increase or (ii) in approving an application for a merger, imposing a condition requiring any filing for an increase, decrease, or change in or other review of an electric utility's rates or enforcing such a condition. Deletes a provision prohibiting the Commission from initiating, authorizing, or ordering any change by way of a decrease. Deletes a provision that provides that the Commission is not prohibited from approving the application of an electric utility to implement an alternative to rate of return regulation or a regulatory mechanism that rewards or penalizes the utility through adjustment of rates based on utility performance. Provides that, during the remainder of the mandatory transition period, if any, the Commission may modify rates. Requires the Commission to hold a hearing on any petition by an electric utility requesting the Commission to declare a tariffed service provided by the utility to be a competitive service (now, the Commission shall hold a hearing if the Commission deems it necessary). Provides that the Commission shall declare the class of tariffed service to be a competitive service only if the electric utility demonstrates that at least 33% of the customers in the electric utility's service area that are eligible to take the class of tariffed service instead take service from alternative retail electric suppliers and that at least 3 alternative retail electric suppliers provide service that is comparable to the class of tariffed service to those customers in the utility's service area that do not take service from the electric utility (now, the Commission is required to declare the service to be a competitive service for an identifiable customer segment or group of customers or a clearly defined geographical area within the electricity's service area if the service or a reasonably equivalent substitute service is reasonably available to the customer segment or group or in the defined geographical area at a reasonable price from one or more other providers other than the electric utility or an affiliate and the utility has lost or is reasonably likely to lose business for the service to the other provider or providers). Requires the Commission to make its determination and issue its final order declaring or refusing to declare the service to be a competitive service within 180 (now, 120) days after the date the petition is filed. Deletes provisions that, if the Commission fails to make the determination within that time results within that time period, the petition is deemed to be granted. Effective immediately.Fiscal Note, House Amendment No. 2 (H-AM 2)(Illinois Commerce Commission) The Illinois Commerce Commission estimates no fiscal impact from SB 1714 (H-AM 2).Fiscal Note, House Amendment No. 3 (H-AM 3)(Illinois Commerce Commission) The Illinois Commerce Commission estimates no fiscal impact from SB 1714 (H-AM 3).State Debt Impact Note, House Amendment No. 2 (H-AM 2)Government Forecasting & Accountability) SB 1714 (H-AM 2) would not change the amount of authorization for any type of State-isued bond, and, therefore, would not effect the level of State indebtedness.Pension Note, House Amendment No. 2 (H-AM 2)(Government Forecasting & Accountability) SB 1714 (H-AM 2) will not impact any public pension fund or retirement system in Illinois. Home Rule Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity) In the opinion of the Department of Commerce and Economic Opportunity, SB 1714 (H-AM 2) does not pre-empt home rule authority.State Mandates Fiscal Note, House Amendment No. 2 (Dept. of Commerce & Economic Opportunity) In the opinion of the Department of Commerce and Economic Opportunity, SB 1714 (H-AM 2) does not create a State mandate under the State Mandates Act. 2/25/2005SenateFiled with Secretary by Sen. Arthur J. Wilhelmi 2/25/2005SenateFirst Reading 2/25/2005SenateReferred to Rules 3/2/2005SenateAssigned to Local Government 3/9/2005SenateDo Pass Local Government; 010-000-000 3/9/2005SenatePlaced on Calendar Order of 2nd Reading March 10, 2005 3/16/2005SenateSecond Reading 3/16/2005SenatePlaced on Calendar Order of 3rd Reading March 17, 2005 4/11/2005SenateThird Reading - Passed; 055-000-000 4/11/2005HouseArrived in House 4/14/2005HousePlaced on Calendar Order of First Reading 4/19/2005HouseChief House Sponsor Rep. Jack McGuire 4/26/2005HouseFirst Reading 4/26/2005HouseReferred to Rules Committee 4/27/2005HouseAssigned to Executive Committee 5/13/2005HouseRule 19(a) / Re-referred to Rules Committee 10/2/2006HouseFinal Action Deadline Extended-9(b) January 9, 2007 10/2/2006HouseAssigned to Electric Utility Oversight Committee 10/9/2006HouseHouse Amendment No. 1 Filed with Clerk by Electric Utility Oversight Committee 10/9/2006HouseHouse Amendment No. 1 Adopted in Electric Utility Oversight Committee; 014-000-000 10/9/2006HouseDo Pass as Amended / Short Debate Electric Utility Oversight Committee; 009-004-001 10/16/2006SenateAdded as Chief Co-Sponsor Sen. Deanna Demuzio 11/1/2006HousePlaced on Calendar 2nd Reading - Short Debate 11/14/2006HouseSecond Reading - Short Debate 11/14/2006HouseHeld on Calendar Order of Second Reading - Short Debate 11/14/2006HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. William B. Black 11/14/2006HouseHouse Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. William B. Black 11/14/2006HouseHouse Amendment No. 1 Housing Affordability Impact Note Requested as Amended by Rep. William B. Black 11/15/2006HouseHouse Amendment No. 1 State Mandates Fiscal Note Filed as Amended 11/16/2006HouseHouse Amendment No. 1 Fiscal Note Filed as Amended 11/27/2006HouseHouse Amendment No. 1 Housing Affordability Impact Note Filed as Amended 11/28/2006HouseAdded Alternate Chief Co-Sponsor Rep. George Scully, Jr. 11/28/2006HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan 11/28/2006HouseSecond Reading - Short Debate 11/28/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate 11/28/2006HouseConsideration Postponed 11/28/2006HousePlaced on Calendar - Consideration Postponed 1/5/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. George Scully, Jr. 1/5/2007HouseHouse Amendment No. 2 Referred to Rules Committee 1/7/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. George Scully, Jr. 1/7/2007HouseHouse Amendment No. 3 Referred to Rules Committee 1/7/2007HouseHouse Amendment No. 1 Motion Filed to Table Rep. George Scully, Jr. 1/7/2007HouseHouse Amendment No. 1 Motion to Table Referred to Rules Committee 1/7/2007HouseHouse Amendment No. 1 Motion to Table Recommends Be Adopted Rules Committee; 005-000-000 1/7/2007HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000 1/7/2007HouseHouse Amendment No. 2 Fiscal Note Filed as Amended 1/7/2007HouseHouse Amendment No. 3 Fiscal Note Filed as Amended 1/7/2007HouseRecalled to Second Reading - Short Debate 1/7/2007HouseHeld on Calendar Order of Second Reading - Short Debate 1/7/2007HouseHouse Amendment No. 2 State Debt Impact Note Filed as Amended 1/7/2007HouseHouse Amendment No. 2 Pension Note Filed as Amended 1/7/2007HouseHouse Amendment No. 2 Home Rule Note Filed as Amended 1/7/2007HouseHouse Amendment No. 2 State Mandates Fiscal Note Filed as Amended 1/7/2007HouseHouse Amendment No. 1 Motion to Table Amendment - Prevailed 1/7/2007HouseHouse Amendment No. 3 Adopted by Voice Vote 1/7/2007HousePlaced on Calendar - Consideration Postponed 1/7/2007HouseThird Reading - Short Debate - Passed 071-029-014 1/7/2007HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a) 1/9/2007SenateSecretary's Desk - Concurrence House Amendment(s) 03 1/9/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 03 1/9/2007SenateChief Sponsor Changed to Sen. James F. Clayborne, Jr. 1/9/2007SenateSession Sine Die