65 ILCS 5/11-21.5-5
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

Sec. 11-21.5-5.     Local emergency energy plans.(a) Any municipality, including a home rule municipality, may, by ordinance,  require any electric utility (i) that serves more than 1,000,000 customers in  Illinois and (ii) that is operating within the corporate limits of the  municipality to adopt and to provide the municipality with a local emergency  energy plan.  For the purposes of this Section, (i) "local emergency energy  plan" or "plan" means a planned course of action developed by the electric  utility that is implemented when the demand for electricity exceeds, or is at  significant risk of exceeding, the supply of electricity  available to the electric utility and (ii) "local emergency energy plan  ordinance" means an ordinance adopted by the corporate authorities of the  municipality under this Section that requires local emergency energy plans.(b) A local emergency energy plan must include the following information:(1) the circumstances that would require the     implementation of the plan;(2) the levels or stages of the plan;(3) the approximate geographic limits of each outage     area provided for in the plan;(4) the approximate number of customers within each     outage area provided for in the plan;(5) any police facilities, fire stations, hospitals,     nursing homes, schools, day care centers, senior citizens centers, community health centers, blood banks, dialysis centers, community mental health centers, correctional facilities, stormwater and wastewater treatment or pumping facilities, water-pumping stations, buildings in excess of 80 feet in height that have been identified by the municipality, and persons on life support systems that are known to the electric utility that could be affected by controlled rotating interruptions of electric service under the plan; and(6) the anticipated sequence and duration of     intentional interruptions of electric service to each outage area under the plan.(c) A local emergency energy plan ordinance may require that,  when an  electric utility determines it is necessary to implement a controlled rotating  interruption of electric service because the demand for electricity exceeds,  or is at significant risk of exceeding, the supply of electricity available  to the electric utility, the electric utility notify a designated municipal  officer that the electric utility will be implementing its local emergency  energy plan.  The notification shall be made pursuant to a procedure approved  by the municipality after consultation with the electric utility.(d) After providing the  notice required in subsection (c), an electric  utility shall reasonably and separately advise designated municipal officials  before it implements each level or stage of the plan, which shall include (i)  a request for emergency help from neighboring utilities, (ii) a declaration of  a control area emergency, and (iii) a public appeal for voluntary curtailment  of electricity use.(e) The electric utility must give a separate notice to a designated  municipal official immediately after it determines that there will be a  controlled rotating interruption of electric service under the local emergency  energy plan.  The notification must include (i) the areas in which service will  be interrupted, (ii) the sequence and estimated duration of the service outage  for each area, (iii) the affected feeders, and (iv) the number of affected  customers in each area.  Whenever practical, the notification shall be made at  least 2 hours before the time of the outages.  If the electric utility is aware  that controlled rotating interruptions may be required, the notification may  not be made less than 30 minutes before the outages.(f) A local emergency energy plan ordinance may provide civil penalties for  violations of its provisions.  The penalties must be permitted under the  Illinois Municipal  Code.(g) The notifications required by this Section are in addition to the  notification requirements of any applicable franchise agreement or ordinance  and to the notification requirements of any applicable federal or State law,  rule, and regulation.(h) Except for any penalties or remedies that may be provided in a local  emergency energy plan ordinance, in this Act, or in rules adopted by the  Illinois Commerce Commission, nothing in this Section shall be construed to  impose liability for  or prevent a utility from taking any actions that are  necessary at any time, in any order, and with or without notice that are  required to preserve the integrity of the electric utility's electrical system  and interconnected network.(i) Nothing in this Section, a local emergency energy plan ordinance, or a  local emergency energy plan creates any duty of a municipality to any person or  entity.  No municipality may be subject to any claim or cause of action  arising, directly or indirectly, from its decision to adopt or to refrain from  adopting a local emergency energy plan ordinance.  No municipality may be  subject to any claim or cause of action arising, directly or indirectly, from  any act or omission under the terms of or information provided in a local  emergency energy plan filed under a local emergency energy plan ordinance.    (Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)