220 ILCS 5/16-128
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XVI - Electric Service Customer Choice And Rate Relief Law Of 1997

Sec. 16-128. Provisions related to utility employees.(a) The General Assembly finds:(1) The reliability and safety of the electric system     has depended and depends on a workforce of skilled and dedicated employees, equipped with technical training and experience.(2) The integrity and reliability of the system also     requires the industry's commitment to invest in regular inspection and maintenance, to assure that it can withstand the demands of heavy service requirements and emergency situations.(3) It is in the State's interest to protect the     interests of utility employees who have and continue to dedicate themselves to assuring reliable service to the citizens of this State, and who might otherwise be economically displaced in a restructured industry.The General Assembly further finds that it is  necessary to assure that employees of electric utilities and employees of contractors or subcontractors performing work on behalf of an electric utility operating in the  deregulated industry have the requisite skills, knowledge, training, experience, and  competence to provide reliable and safe electrical service under this Act.The General Assembly also finds that it is necessary to assure that employees of alternative retail electric suppliers and employees of contractors or subcontractors performing work on behalf of an alternative retail electric supplier operating in the deregulated industry have the requisite skills, knowledge, training, experience, and competence to provide reliable and safe electrical service under this Act.To ensure that these findings and prerequisites for reliable and safe electrical service continue to prevail, each alternative retail electric supplier, electric utility, and contractors and subcontractors performing work on behalf of an electric utility or alternative retail electric supplier must demonstrate the competence of their respective employees to work on the distribution system.The knowledge, skill, training, experience, and competence levels to be  demonstrated shall be consistent with those required  of or by the electric utilities in this State as of January 1, 2007, with respect to  their employees and employees of contractors or subcontractors performing work on their behalf. Nothing in this Section shall prohibit an electric utility from establishing knowledge, skill, training, experience, and competence levels greater than those required as of January 1, 2007.An adequate demonstration of requisite knowledge, skill, training, experience, and  competence shall include, at a minimum, completion or current participation and ultimate completion by the  employee of an accredited or otherwise recognized  apprenticeship program for the particular craft, trade or  skill, or specified and several years of employment performing a particular work function that is utilized by an electric utility.Notwithstanding any law, tariff, Commission rule, order, or decision to the contrary, the Commission shall have an affirmative statutory obligation to ensure that an electric utility is employing employees, contractors, and subcontractors with employees who meet the requirements of subsection (a) of this Section when installing, constructing, operating, and maintaining generation, transmission, or distribution facilities and equipment within this State pursuant to any provision in this Act or any Commission order, rule, or decision.For purposes of this Section, "distribution facilities and equipment" means any and all of the facilities and equipment, including, but not limited to, substations, distribution feeder circuits, switches, meters, protective equipment, primary circuits, distribution transformers, line extensions and service extensions both above or below ground, conduit, risers, elbows, transformer pads, junction boxes, manholes, pedestals, conductors, and all associated fittings that connect the transmission or distribution system to either the weatherhead on the retail customer's building or other structure for above ground service or to the terminals on the meter base of the retail customer's building or other structure for below ground service.To implement this requirement for alternative retail electric suppliers, the Commission, in  determining that an applicant meets the standards for  certification as an alternative retail electric supplier,  shall require the applicant to demonstrate (i) that the  applicant is licensed to do business, and bonded, in the State  of Illinois; and (ii) that the employees of the applicant that  will be installing, operating, and maintaining generation,  transmission, or distribution facilities within this State, or  any entity with which the applicant has contracted to perform  those functions within this State, have the requisite knowledge, skills, training, experience, and  competence to perform those functions in a safe and  responsible manner in order to provide safe and reliable  service, in accordance with the criteria stated above.(b) The General Assembly finds, based on experience in  other industries that have undergone similar transitions, that  the introduction of competition into the State's electric  utility industry may result in workforce reductions by  electric utilities which may adversely affect persons who have  been employed by this State's electric utilities in functions  important to the public convenience and welfare.  The General  Assembly further finds that the impacts on employees and their  communities of any necessary reductions in the utility  workforce directly caused by this restructuring of the  electric industry shall be mitigated to the extent  practicable through such means as offers of voluntary  severance, retraining, early retirement, outplacement and  related benefits. Therefore, before any such reduction in the  workforce during the transition period, an electric utility  shall present to its employees or their representatives a  workforce reduction plan outlining the means by which the  electric utility intends to mitigate the impact of such  workforce reduction on its employees.(c) In the event of a sale, purchase, or any other transfer  of ownership during the mandatory transition period of one or  more Illinois divisions or business units, and/or generating  stations or generating units, of an electric utility, the  electric utility's contract and/or agreements with the  acquiring entity or persons shall require that the entity or  persons hire a sufficient number of non-supervisory employees  to operate and maintain the station, division or unit by  initially making offers of employment to the non-supervisory  workforce of the electric utility's division, business unit,  generating station and/or generating unit at no less than the  wage rates, and substantially equivalent fringe benefits and  terms and conditions of employment that are in effect at the  time of transfer of ownership of said division, business unit,  generating station, and/or generating units; and said wage  rates and substantially equivalent fringe benefits and terms  and conditions of employment shall continue for at least 30  months from the time of said transfer of ownership unless the  parties mutually agree to different terms and conditions of  employment within that 30-month period.  The utility shall  offer a transition plan to those employees who are not offered  jobs by the acquiring entity because that entity has a need  for fewer workers.  If there is litigation concerning the  sale, or other transfer of ownership of the electric utility's  divisions, business units, generating station, or  generating units, the 30-month period will begin on the date  the acquiring entity or persons take control or management  of the divisions, business units, generating station or  generating units of the electric utility.(d) If a utility transfers ownership during the mandatory  transition period of one or more Illinois divisions, business  units, generating stations or generating units of an  electric utility to a majority-owned subsidiary, that  subsidiary shall continue to employ the utility's employees  who were employed by the utility at such division, business  unit or generating station at the time of the transfer under  the same terms and conditions of employment as those employees  enjoyed at the time of the transfer.  If ownership of the  subsidiary is subsequently sold or transferred to a third  party during the transition period, the transition provisions  outlined in subsection (c) shall apply.(e) The plant transfer provisions set forth above shall not  apply to any generating station which was the subject of a  sales agreement entered into before January 1, 1997.  (Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11.)