093_HB0876sam001

 










                                     LRB093 05675 LRD 16111 a

 1                     AMENDMENT TO HOUSE BILL 876

 2        AMENDMENT NO.     .  Amend House Bill  876  by  replacing
 3    the title with the following:
 4        "AN ACT concerning public utilities."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Renewable Energy, Energy Efficiency, and
 8    Coal Resources Development Law of 1997 is amended by changing
 9    Section 6-5 as follows:

10        (20 ILCS 687/6-5)
11        (Section scheduled to be repealed on December 16, 2007)
12        Sec. 6-5. Renewable Energy Resources and Coal  Technology
13    Development Assistance Charge.
14        (a)  Notwithstanding  the provisions of Section 16-111 of
15    the Public Utilities Act but subject  to  subsection  (e)  of
16    this  Section,  each public utility, electric cooperative, as
17    defined in Section 3.4 of  the  Electric  Supplier  Act,  and
18    municipal  utility,  as  referenced  in  Section 3-105 of the
19    Public Utilities Act, that is  engaged  in  the  delivery  of
20    electricity  or  the  distribution  of natural gas within the
21    State of Illinois shall, effective January  1,  1998,  assess
 
                            -2-      LRB093 05675 LRD 16111 a
 1    each  of  its  customer  accounts  a monthly Renewable Energy
 2    Resources and Coal Technology Development Assistance  Charge.
 3    The  delivering  public  utility,  municipal  electric or gas
 4    utility, or electric or gas cooperative for a  self-assessing
 5    purchaser  remains  subject  to  the  collection  of  the fee
 6    imposed by this Section.  The  monthly  charge  shall  be  as
 7    follows:
 8             (1)  $0.05 per month on each account for residential
 9        electric  service  as defined in Section 13 of the Energy
10        Assistance Act;
11             (2)  $0.05 per month on each account for residential
12        gas service as  defined  in  Section  13  of  the  Energy
13        Assistance Act;
14             (3)  $0.50   per   month   on   each   account   for
15        nonresidential electric service, as defined in Section 13
16        of  the  Energy  Assistance  Act,  which had less than 10
17        megawatts of peak demand  during  the  previous  calendar
18        year;
19             (4)  $0.50   per   month   on   each   account   for
20        nonresidential  gas  service, as defined in Section 13 of
21        the Energy Assistance Act, which had  distributed  to  it
22        less  than  4,000,000  therms  of gas during the previous
23        calendar year;
24             (5)  $37.50  per   month   on   each   account   for
25        nonresidential electric service, as defined in Section 13
26        of  the  Energy Assistance Act, which had 10 megawatts or
27        greater of peak demand during the previous calendar year;
28        and
29             (6)  $37.50  per   month   on   each   account   for
30        nonresidential  gas  service, as defined in Section 13 of
31        the Energy Assistance Act, which had  4,000,000  or  more
32        therms  of  gas  distributed  to  it  during the previous
33        calendar year.
34        (b)  The Renewable Energy Resources and  Coal  Technology
 
                            -3-      LRB093 05675 LRD 16111 a
 1    Development  Assistance  Charge  assessed by electric and gas
 2    public utilities shall be  considered  a  charge  for  public
 3    utility service.
 4        (c)  Fifty  percent  of  the moneys collected pursuant to
 5    this Section shall  be  deposited  in  the  Renewable  Energy
 6    Resources  Trust  Fund  by  the  Department  of  Revenue. The
 7    remaining 50 percent of the moneys collected pursuant to this
 8    Section shall be deposited in the Coal Technology Development
 9    Assistance Fund by the Department of Revenue  for  use  under
10    the Illinois Coal Technology Development Assistance Act.
11        (d)  By  the 20th day of the month following the month in
12    which the charges imposed by  this  Section  were  collected,
13    each   utility   and  alternative  retail  electric  supplier
14    collecting charges pursuant to this Section  shall  remit  to
15    the Department of Revenue for deposit in the Renewable Energy
16    Resources  Trust  Fund  and  the  Coal Technology Development
17    Assistance Fund all moneys received, except  as  provided  in
18    this  subsection,  as  payment  of the charge provided for in
19    this Section on a return  prescribed  and  furnished  by  the
20    Department   of  Revenue  showing  such  information  as  the
21    Department of Revenue may reasonably require. A  utility  may
22    deduct  an  amount from collected receipts, not to exceed the
23    amount designated for the Renewable  Energy  Resources  Trust
24    Fund,   for  expenses  incurred  to  develop,  maintain,  and
25    administer  its  net  electricity  metering   pilot   program
26    required  by  Section  16-107.5  of the Public Utilities Act.
27    Such expenses shall include the following, and are subject to
28    Illinois Commerce Commission approval:
29             (1)  expenses  incurred  to  develop  and  submit  a
30        report of results of the pilot programs to  the  Illinois
31        Commerce Commission;
32             (2)  expenses  incurred  to  install,  maintain, and
33        operate metering required to measure customer  usage  for
34        the purposes of administering the pilot program;
 
                            -4-      LRB093 05675 LRD 16111 a
 1             (3)  expenses incurred to perform an interconnection
 2        study  and  execute  an  interconnection  agreement  with
 3        customers in the pilot program;
 4             (4)  incremental   expenses   incurred   to  provide
 5        customers a bill (costs above  those  that  are  normally
 6        incurred  to  provide  customers a bill in the absence of
 7        the pilot program);
 8             (5)  to  the  extent  that  any  credit  for  energy
 9        generated that is paid to the customer exceeds the energy
10        credit stated in utility's  tariff  filed  in  compliance
11        with  83  Ill.  Adm.  Code  430.60,  the utility shall be
12        entitled to a credit on the difference  between  what  is
13        paid  to the customer and what would have been paid using
14        the utility tariff described above; and
15             (6)  expenses incurred to develop,  file,  and  gain
16        approval of a net electricity metering pilot program from
17        the Illinois Commerce Commission.
18        (e)  The charges imposed by this Section shall only apply
19    to  customers  of  municipal  electric  or  gas utilities and
20    electric or gas cooperatives if the municipal electric or gas
21    utility or electric or gas cooperative makes  an  affirmative
22    decision to impose the charge. If a municipal electric or gas
23    utility   or   an   electric  or  gas  cooperative  makes  an
24    affirmative decision to impose the charge  provided  by  this
25    Section, the municipal electric or gas utility or electric or
26    gas  cooperative  shall  inform  the Department of Revenue in
27    writing of such decision when it begins to impose the charge.
28    If a municipal electric or gas utility  or  electric  or  gas
29    cooperative  does not assess this charge, its customers shall
30    not be eligible for the Renewable Energy Resources Program.
31        (f)  The Department of Revenue may establish  such  rules
32    as it deems necessary to implement this Section.
33    (Source: P.A. 92-690, eff. 7-18-02.)
 
                            -5-      LRB093 05675 LRD 16111 a
 1        Section  10.  The  Public  Utilities  Act  is  amended by
 2    adding Section 16-107.5 as follows:

 3        (220 ILCS 5/16-107.5 new)
 4        Sec. 16-107.5.  Net energy metering pilot program.
 5        (a)  The Legislature finds  and  declares  that  a  pilot
 6    program  to  provide  net energy metering, as defined in this
 7    Section,  for  eligible  customers  can   encourage   private
 8    investment  in renewable energy resources, stimulate economic
 9    growth, enhance the continued  diversification  of  Illinois'
10    energy resource mix, and protect the Illinois environment.
11        (b)  As used in this Section:
12        The term "eligible customer" means a public university in
13    this  State that owns and operates a solar or wind electrical
14    generating facility with a capacity of  not  more  than  1000
15    kilowatts  that  is  located  on its premises and is intended
16    primarily to  offset  part  or  all  of  its  own  electrical
17    requirements.
18        The  term  "public  university"  means  Northern Illinois
19    University, Southern Illinois  University,  Eastern  Illinois
20    University,  Western  Illinois  University, the University of
21    Illinois,   Chicago   State   University,   Governors   State
22    University,  Illinois  State  University,   or   Northeastern
23    Illinois University.
24        The  term  "net  energy  metering" means the measurement,
25    during the billing period applicable to an eligible customer,
26    of the net amount of electricity  delivered  by  an  electric
27    utility  to  the  customer's  premises  or  provided  to  the
28    electric utility by the customer.
29        (c)  An   electric   utility  that  has  operated  or  is
30    operating one or more pilot programs relating to  net  energy
31    metering  shall  report  the results of its pilot programs to
32    the Commerce Commission by December 31, 2005.  The Commission
33    shall provide a summary and an analysis of the reports to the
 
                            -6-      LRB093 05675 LRD 16111 a
 1    General Assembly no later than January 31, 2006.

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.".