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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0206eng SB206 Engrossed LRB9102201MWpc 1 AN ACT concerning emergency energy plans, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Freedom of Information Act is amended by 6 changing Section 7 as follows: 7 (5 ILCS 140/7) (from Ch. 116, par. 207) 8 Sec. 7. Exemptions. 9 (1) The following shall be exempt from inspection and 10 copying: 11 (a) Information specifically prohibited from 12 disclosure by federal or State law or rules and 13 regulations adopted under federal or State law. 14 (b) Information that, if disclosed, would 15 constitute a clearly unwarranted invasion of personal 16 privacy, unless the disclosure is consented to in writing 17 by the individual subjects of the information. The 18 disclosure of information that bears on the public duties 19 of public employees and officials shall not be considered 20 an invasion of personal privacy. Information exempted 21 under this subsection (b) shall include but is not 22 limited to: 23 (i) files and personal information maintained 24 with respect to clients, patients, residents, 25 students or other individuals receiving social, 26 medical, educational, vocational, financial, 27 supervisory or custodial care or services directly 28 or indirectly from federal agencies or public 29 bodies; 30 (ii) personnel files and personal information 31 maintained with respect to employees, appointees or SB206 Engrossed -2- LRB9102201MWpc 1 elected officials of any public body or applicants 2 for those positions; 3 (iii) files and personal information 4 maintained with respect to any applicant, registrant 5 or licensee by any public body cooperating with or 6 engaged in professional or occupational 7 registration, licensure or discipline; 8 (iv) information required of any taxpayer in 9 connection with the assessment or collection of any 10 tax unless disclosure is otherwise required by State 11 statute; and 12 (v) information revealing the identity of 13 persons who file complaints with or provide 14 information to administrative, investigative, law 15 enforcement or penal agencies; provided, however, 16 that identification of witnesses to traffic 17 accidents, traffic accident reports, and rescue 18 reports may be provided by agencies of local 19 government, except in a case for which a criminal 20 investigation is ongoing, without constituting a 21 clearly unwarranted per se invasion of personal 22 privacy under this subsection. 23 (c) Records compiled by any public body for 24 administrative enforcement proceedings and any law 25 enforcement or correctional agency for law enforcement 26 purposes or for internal matters of a public body, but 27 only to the extent that disclosure would: 28 (i) interfere with pending or actually and 29 reasonably contemplated law enforcement proceedings 30 conducted by any law enforcement or correctional 31 agency; 32 (ii) interfere with pending administrative 33 enforcement proceedings conducted by any public 34 body; SB206 Engrossed -3- LRB9102201MWpc 1 (iii) deprive a person of a fair trial or an 2 impartial hearing; 3 (iv) unavoidably disclose the identity of a 4 confidential source or confidential information 5 furnished only by the confidential source; 6 (v) disclose unique or specialized 7 investigative techniques other than those generally 8 used and known or disclose internal documents of 9 correctional agencies related to detection, 10 observation or investigation of incidents of crime 11 or misconduct; 12 (vi) constitute an invasion of personal 13 privacy under subsection (b) of this Section; 14 (vii) endanger the life or physical safety of 15 law enforcement personnel or any other person; or 16 (viii) obstruct an ongoing criminal 17 investigation. 18 (d) Criminal history record information maintained 19 by State or local criminal justice agencies, except the 20 following which shall be open for public inspection and 21 copying: 22 (i) chronologically maintained arrest 23 information, such as traditional arrest logs or 24 blotters; 25 (ii) the name of a person in the custody of a 26 law enforcement agency and the charges for which 27 that person is being held; 28 (iii) court records that are public; 29 (iv) records that are otherwise available 30 under State or local law; or 31 (v) records in which the requesting party is 32 the individual identified, except as provided under 33 part (vii) of paragraph (c) of subsection (1) of 34 this Section. SB206 Engrossed -4- LRB9102201MWpc 1 "Criminal history record information" means data 2 identifiable to an individual and consisting of 3 descriptions or notations of arrests, detentions, 4 indictments, informations, pre-trial proceedings, trials, 5 or other formal events in the criminal justice system or 6 descriptions or notations of criminal charges (including 7 criminal violations of local municipal ordinances) and 8 the nature of any disposition arising therefrom, 9 including sentencing, court or correctional supervision, 10 rehabilitation and release. The term does not apply to 11 statistical records and reports in which individuals are 12 not identified and from which their identities are not 13 ascertainable, or to information that is for criminal 14 investigative or intelligence purposes. 15 (e) Records that relate to or affect the security 16 of correctional institutions and detention facilities. 17 (f) Preliminary drafts, notes, recommendations, 18 memoranda and other records in which opinions are 19 expressed, or policies or actions are formulated, except 20 that a specific record or relevant portion of a record 21 shall not be exempt when the record is publicly cited and 22 identified by the head of the public body. The exemption 23 provided in this paragraph (f) extends to all those 24 records of officers and agencies of the General Assembly 25 that pertain to the preparation of legislative documents. 26 (g) Trade secrets and commercial or financial 27 information obtained from a person or business where the 28 trade secrets or information are proprietary, privileged 29 or confidential, or where disclosure of the trade secrets 30 or information may cause competitive harm, including all 31 information determined to be confidential under Section 32 4002 of the Technology Advancement and Development Act. 33 Nothing contained in this paragraph (g) shall be 34 construed to prevent a person or business from consenting SB206 Engrossed -5- LRB9102201MWpc 1 to disclosure. 2 (h) Proposals and bids for any contract, grant, or 3 agreement, including information which if it were 4 disclosed would frustrate procurement or give an 5 advantage to any person proposing to enter into a 6 contractor agreement with the body, until an award or 7 final selection is made. Information prepared by or for 8 the body in preparation of a bid solicitation shall be 9 exempt until an award or final selection is made. 10 (i) Valuable formulae, designs, drawings and 11 research data obtained or produced by any public body 12 when disclosure could reasonably be expected to produce 13 private gain or public loss. 14 (j) Test questions, scoring keys and other 15 examination data used to administer an academic 16 examination or determined the qualifications of an 17 applicant for a license or employment. 18 (k) Architects' plans and engineers' technical 19 submissions for projects not constructed or developed in 20 whole or in part with public funds and for projects 21 constructed or developed with public funds, to the extent 22 that disclosure would compromise security. 23 (l) Library circulation and order records 24 identifying library users with specific materials. 25 (m) Minutes of meetings of public bodies closed to 26 the public as provided in the Open Meetings Act until the 27 public body makes the minutes available to the public 28 under Section 2.06 of the Open Meetings Act. 29 (n) Communications between a public body and an 30 attorney or auditor representing the public body that 31 would not be subject to discovery in litigation, and 32 materials prepared or compiled by or for a public body in 33 anticipation of a criminal, civil or administrative 34 proceeding upon the request of an attorney advising the SB206 Engrossed -6- LRB9102201MWpc 1 public body, and materials prepared or compiled with 2 respect to internal audits of public bodies. 3 (o) Information received by a primary or secondary 4 school, college or university under its procedures for 5 the evaluation of faculty members by their academic 6 peers. 7 (p) Administrative or technical information 8 associated with automated data processing operations, 9 including but not limited to software, operating 10 protocols, computer program abstracts, file layouts, 11 source listings, object modules, load modules, user 12 guides, documentation pertaining to all logical and 13 physical design of computerized systems, employee 14 manuals, and any other information that, if disclosed, 15 would jeopardize the security of the system or its data 16 or the security of materials exempt under this Section. 17 (q) Documents or materials relating to collective 18 negotiating matters between public bodies and their 19 employees or representatives, except that any final 20 contract or agreement shall be subject to inspection and 21 copying. 22 (r) Drafts, notes, recommendations and memoranda 23 pertaining to the financing and marketing transactions of 24 the public body. The records of ownership, registration, 25 transfer, and exchange of municipal debt obligations, and 26 of persons to whom payment with respect to these 27 obligations is made. 28 (s) The records, documents and information relating 29 to real estate purchase negotiations until those 30 negotiations have been completed or otherwise terminated. 31 With regard to a parcel involved in a pending or actually 32 and reasonably contemplated eminent domain proceeding 33 under Article VII of the Code of Civil Procedure, 34 records, documents and information relating to that SB206 Engrossed -7- LRB9102201MWpc 1 parcel shall be exempt except as may be allowed under 2 discovery rules adopted by the Illinois Supreme Court. 3 The records, documents and information relating to a real 4 estate sale shall be exempt until a sale is consummated. 5 (t) Any and all proprietary information and records 6 related to the operation of an intergovernmental risk 7 management association or self-insurance pool or jointly 8 self-administered health and accident cooperative or 9 pool. 10 (u) Information concerning a university's 11 adjudication of student or employee grievance or 12 disciplinary cases, to the extent that disclosure would 13 reveal the identity of the student or employee and 14 information concerning any public body's adjudication of 15 student or employee grievances or disciplinary cases, 16 except for the final outcome of the cases. 17 (v) Course materials or research materials used by 18 faculty members. 19 (w) Information related solely to the internal 20 personnel rules and practices of a public body. 21 (x) Information contained in or related to 22 examination, operating, or condition reports prepared by, 23 on behalf of, or for the use of a public body responsible 24 for the regulation or supervision of financial 25 institutions or insurance companies, unless disclosure is 26 otherwise required by State law. 27 (y) Information the disclosure of which is 28 restricted under Section 5-108 of the Public Utilities 29 Act. 30 (z) Manuals or instruction to staff that relate to 31 establishment or collection of liability for any State 32 tax or that relate to investigations by a public body to 33 determine violation of any criminal law. 34 (aa) Applications, related documents, and medical SB206 Engrossed -8- LRB9102201MWpc 1 records received by the Experimental Organ 2 Transplantation Procedures Board and any and all 3 documents or other records prepared by the Experimental 4 Organ Transplantation Procedures Board or its staff 5 relating to applications it has received. 6 (bb) Insurance or self insurance (including any 7 intergovernmental risk management association or self 8 insurance pool) claims, loss or risk management 9 information, records, data, advice or communications. 10 (cc) Information and records held by the Department 11 of Public Health and its authorized representatives 12 relating to known or suspected cases of sexually 13 transmissible disease or any information the disclosure 14 of which is restricted under the Illinois Sexually 15 Transmissible Disease Control Act. 16 (dd) Information the disclosure of which is 17 exempted under Section 30 of the Radon Industry Licensing 18 Act. 19 (ee) Firm performance evaluations under Section 55 20 of the Architectural, Engineering, and Land Surveying 21 Qualifications Based Selection Act. 22 (ff) Security portions of system safety program 23 plans, investigation reports, surveys, schedules, lists, 24 data, or information compiled, collected, or prepared by 25 or for the Regional Transportation Authority under 26 Section 2.11 of the Regional Transportation Authority Act 27 or the State of Missouri under the Bi-State Transit 28 Safety Act. 29 (gg) Information the disclosure of which is 30 restricted and exempted under Section 50 of the Illinois 31 Prepaid Tuition Act. 32 (hh) Information the disclosure of which is 33 exempted under Section 80 of the State Gift Ban Act. 34 (ii) Beginning July 1, 1999,(hh)information that SB206 Engrossed -9- LRB9102201MWpc 1 would disclose or might lead to the disclosure of secret 2 or confidential information, codes, algorithms, programs, 3 or private keys intended to be used to create electronic 4 or digital signatures under the Electronic Commerce 5 Security Act. 6 (jj) Information contained in a local emergency 7 energy plan submitted to a municipality in accordance 8 with a local emergency energy plan ordinance that is 9 adopted under Section 11-21.5-5 of the Illinois Municipal 10 Code. 11 (2) This Section does not authorize withholding of 12 information or limit the availability of records to the 13 public, except as stated in this Section or otherwise 14 provided in this Act. 15 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 16 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 17 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 18 Section 10. The Illinois Municipal Code is amended by 19 adding Division 21.5 to Article 11 as follows: 20 (65 ILCS 5/Art. 11, Div. 21.5 heading new) 21 DIVISION 21.5. LOCAL EMERGENCY ENERGY PLANS 22 (65 ILCS 5/11-21.1-5 new) 23 Sec. 11-21.1-5. Local emergency energy plans. 24 (a) Any municipality, including a home rule 25 municipality, may, by ordinance, require any electric utility 26 (i) that serves more than 1,000,000 customers in Illinois and 27 (ii) that is operating within the corporate limits of the 28 municipality to adopt and to provide the municipality with a 29 local emergency energy plan. For the purposes of this 30 Section, (i) "local emergency energy plan" or "plan" means a 31 planned course of action developed by the electric utility SB206 Engrossed -10- LRB9102201MWpc 1 that is implemented when the demand for electricity exceeds, 2 or is at significant risk of exceeding, the supply of 3 electricity available to the electric utility and (ii) "local 4 emergency energy plan ordinance" means an ordinance adopted 5 by the corporate authorities of the municipality under this 6 Section that requires local emergency energy plans. 7 (b) A local emergency energy plan must include the 8 following information: 9 (1) the circumstances that would require the 10 implementation of the plan; 11 (2) the levels or stages of the plan; 12 (3) the approximate geographic limits of each outage 13 area provided for in the plan; 14 (4) the approximate number of customers within each 15 outage area provided for in the plan; 16 (5) any police facilities, fire stations, hospitals, 17 nursing homes, schools, day care centers, senior citizens 18 centers, community health centers, dialysis centers, 19 community mental health centers, correctional facilities, 20 stormwater and wastewater treatment or pumping 21 facilities, water-pumping stations, buildings in excess 22 of 80 feet in height that have been identified by the 23 municipality, and persons on life support systems that 24 are known to the electric utility that could be affected 25 by controlled rotating interruptions of electric service 26 under the plan; and 27 (6) the anticipated sequence and duration of 28 intentional interruptions of electric service to each 29 outage area under the plan. 30 (c) A local emergency energy plan ordinance may require 31 that, when an electric utility determines it is necessary to 32 implement a controlled rotating interruption of electric 33 service because the demand for electricity exceeds, or is at 34 significant risk of exceeding, the supply of electricity SB206 Engrossed -11- LRB9102201MWpc 1 available to the electric utility, the electric utility 2 notify a designated municipal officer that the electric 3 utility will be implementing its local emergency energy plan. 4 The notification shall be made pursuant to a procedure 5 approved by the municipality after consultation with the 6 electric utility. 7 (d) After providing the notice required in subsection 8 (c), an electric utility shall reasonably and separately 9 advise designated municipal officials before it implements 10 each level or stage of the plan, which shall include (i) a 11 request for emergency help from neighboring utilities, (ii) a 12 declaration of a control area emergency, and (iii) a public 13 appeal for voluntary curtailment of electricity use. 14 (e) The electric utility must give a separate notice to a 15 designated municipal official immediately after it determines 16 that there will be a controlled rotating interruption of 17 electric service under the local emergency energy plan. The 18 notification must include (i) the areas in which service will 19 be interrupted, (ii) the sequence and estimated duration of 20 the service outage for each area, (iii) the affected feeders, 21 and (iv) the number of affected customers in each area. 22 Whenever practical, the notification shall be made at least 2 23 hours before the time of the outages. If the electric 24 utility is aware that controlled rotating interruptions may 25 be required, the notification may not be made less than 30 26 minutes before the outages. 27 (f) A local emergency energy plan ordinance may provide 28 civil penalties for violations of its provisions. The 29 penalties must be permitted under the Illinois Municipal 30 Code. 31 (g) The notifications required by this Section are in 32 addition to the notification requirements of any applicable 33 franchise agreement or ordinance and to the notification 34 requirements of any applicable federal or State law, rule, SB206 Engrossed -12- LRB9102201MWpc 1 and regulation. 2 (h) Except for any penalties or remedies that may be 3 provided in a local emergency energy plan ordinance, in this 4 Act, or in rules adopted by the Illinois Commerce Commission, 5 nothing in this Section shall be construed to impose 6 liability for or prevent a utility from taking any actions 7 that are necessary at any time, in any order, and with or 8 without notice that are required to preserve the integrity of 9 the electric utility's electrical system and interconnected 10 network. 11 (i) Nothing in this Section, a local emergency energy 12 plan ordinance, or a local emergency energy plan creates any 13 duty of a municipality to any person or entity. No 14 municipality may be subject to any claim or cause of action 15 arising, directly or indirectly, from its decision to adopt 16 or to refrain from adopting a local emergency energy plan 17 ordinance. No municipality may be subject to any claim or 18 cause of action arising, directly or indirectly, from any act 19 or omission under the terms of or information provided in a 20 local emergency energy plan filed under a local emergency 21 energy plan ordinance. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.