93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3144

 

Introduced 2/6/2004, by Jeffrey M. Schoenberg

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/8-403.1   from Ch. 111 2/3, par. 8-403.1

    Amends the Public Utilities Act. Provides additional requirements for contracts in which an electric utility is purchasing electricity from a qualified solid waste energy facility. Provides that all qualified solid waste energy facilities shall receive a monthly incentive payment from the State Treasurer for all the monthly kilowatt-hours sold to an electric utility. Provides circumstances under which the incentive payment may be suspended or revoked. Provides that, after the effective date of this amendatory Act, public utilities are not entitled to State tax credits for the purchase of electricity from a qualified solid waste energy facility. Requires qualified solid waste energy facilities to have a Commission-approved plan to reimburse the State for tax credits resulting from electricity sold prior to the effective date of this Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3144 LRB093 18812 AMC 44547 b

1     AN ACT concerning utilities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by changing
5 Section 8-403.1 as follows:
 
6     (220 ILCS 5/8-403.1)  (from Ch. 111 2/3, par. 8-403.1)
7     Sec. 8-403.1. Electricity purchased from qualified solid
8 waste energy facility; tax credit; distributions for economic
9 development.
10     (a) It is hereby declared to be the policy of this State to
11 encourage the development of alternate energy production
12 facilities in order to conserve our energy resources and to
13 provide for their most efficient use.
14     (b) For the purpose of this Section and Section 9-215.1,
15 "qualified solid waste energy facility" or "QSWEF" means a
16 facility determined by the Illinois Commerce Commission to
17 qualify as such under the Local Solid Waste Disposal Act, to
18 use methane gas generated from landfills as its primary fuel,
19 and to possess characteristics that would enable it to qualify
20 as a cogeneration or small power production facility under
21 federal law, to meet the ownership requirements set forth in
22 this Section, to meet the primary fuel use requirements set
23 forth in this Section, to meet the requirements for the
24 reimbursement of State tax credits set forth in this Section,
25 and to meet all other requirements set forth in this Section.
26 The Commission, in order to promote the development of landfill
27 sites for QSWEF use, shall have the authority to determine the
28 number of QSWEFs approved at a single landfill site. In
29 determining, for the purposes of this Section, whether a
30 facility meets the requirements to become a small power
31 production facility under federal law, the Commission may
32 consider, but is not bound by, any action or inaction of a

 

 

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1 federal administrative agency or any self-certification of a
2 facility under federal law.
3     (c) In furtherance of the policy declared in this Section,
4 the Illinois Commerce Commission shall require electric
5 utilities to enter into long-term contracts, pursuant to a
6 tariff approved by the Commission, to purchase electricity from
7 qualified solid waste energy facilities located in the electric
8 utility's service area, for a period beginning on the date that
9 the facility begins generating electricity and having a
10 duration of not less than 10 years in the case of facilities
11 fueled by landfill-generated methane, or 20 years in the case
12 of facilities fueled by methane generated from a landfill owned
13 by a forest preserve district. The purchase rate contained in
14 such contracts shall be equal to the average amount per
15 kilowatt-hour paid from time to time by the unit or units of
16 local government in which the electricity generating
17 facilities are located, excluding amounts paid for street
18 lighting and pumping service. Utilities may not enter into
19 contracts pursuant to this subsection with QSWEFs to purchase
20 amounts of electricity greater than amounts determined by the
21 Commission. Such contracts are not transferable from the
22 petitioning owners to other entities without prior Commission
23 approval. The Commission shall not require electric utilities
24 to enter into any contracts pursuant to this Section with any
25 facilities that filed a formal application with the Commission
26 for QSWEF status unless the facilities filed formal application
27 with the Commission for QSWEF status before the effective date
28 of this amendatory Act of the 93rd General Assembly and began
29 commercial operation within 6 months after that effective date.
30     For all facilities approved by the Illinois Commerce
31 Commission as a QSWEF prior to the effective date of this
32 amendatory Act of the 93rd General Assembly, the purchase rate
33 for the remainder of their existing contracts with electric
34 utilities shall be the then current rate at which the utility
35 must purchase the output of qualified facilities pursuant to
36 the federal Public Utility Regulatory Policies Act of 1978.

 

 

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1     Beginning on the effective date of this amendatory Act of
2 the 93rd General Assembly, and pursuant to this subsection, all
3 QSWEFs shall receive a monthly incentive payment from the State
4 Treasurer for all of the monthly kilowatt-hours sold to an
5 electric utility under this subsection. The amount of the
6 incentive payment shall be calculated by the electric utility
7 that purchases the output of the QSWEF and by using the
8 following formulae:
9         (1) for all QSWEFs using landfill methane as their
10     primary fuel, IP = 0.5 x (RR - AC), or
11         (2) for all QSWEFs using landfill methane generated
12     from a landfill owned by a forest preserve district as
13     their primary fuel, IP = 0.5 x (RR - AC).
14     For the purposes of this subsection, "IP" means incentive
15     payment, "RR" means retail rate or the average amount per
16     kilowatt-hour paid from time to time by the unit or units of
17     local government in which the electricity generating
18     facilities are located, excluding amounts paid for street
19     lighting and pumping service, multiplied by the qualified solid
20     waste energy facility's monthly kilowatt-hours sold to the
21     electric utility, and "AC" means avoided costs or the then
22     current rate at which the utility must purchase the output of
23     qualified facilities pursuant to the federal Public Utility
24     Regulatory Policies Act of 1978 and as determined pursuant to
25     83 Ill. Adm. Code 430.80 multiplied by the qualified solid
26     waste energy facility's monthly kilowatt-hours sold to the
27     electric utility.
28     The electric utility shall submit the monthly calculation
29     of the incentive payment to the State Treasurer and the
30     Illinois Commerce Commission and shall include the
31     kilowatt-hours and per kilowatt-hours rates used in
32     calculating retail rates and avoided costs.
33     The electric utility shall file a tariff with the Illinois
34     Commerce Commission that sets forth the calculations required
35     by this subsection.
36     (d) Until the effective date of this amendatory Act of the

 

 

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1 93rd General Assembly, whenever a public utility is required to
2 purchase electricity pursuant to subsection (c) above, it shall
3 be entitled to credits in respect of its obligations to remit
4 to the State taxes it has collected under the Electricity
5 Excise Tax Law equal to the amounts, if any, by which payments
6 for such electricity exceed (i) the then current rate at which
7 the utility must purchase the output of qualified facilities
8 pursuant to the federal Public Utility Regulatory Policies Act
9 of 1978, less (ii) any costs, expenses, losses, damages or
10 other amounts incurred by the utility, or for which it becomes
11 liable, arising out of its failure to obtain such electricity
12 from such other sources. The amount of any such credit shall,
13 in the first instance, be determined by the utility, which
14 shall make a monthly report of such credits to the Illinois
15 Commerce Commission and, on its monthly tax return, to the
16 Illinois Department of Revenue. Under no circumstances shall a
17 utility be required to purchase electricity from a qualified
18 solid waste energy facility at the rate prescribed in
19 subsection (c) of this Section if such purchase would result in
20 estimated tax credits that exceed, on a monthly basis, the
21 utility's estimated obligation to remit to the State taxes it
22 has collected under the Electricity Excise Tax Law. The owner
23 or operator shall negotiate facility operating conditions with
24 the purchasing utility in accordance with that utility's posted
25 standard terms and conditions for small power producers. If the
26 Department of Revenue disputes the amount of any such credit,
27 such dispute shall be decided by the Illinois Commerce
28 Commission.
29     Whenever a qualified solid waste energy facility that has
30 sold electricity at rates in effect prior to the effective date
31 of this amendatory Act of the 93rd General Assembly has paid or
32 otherwise satisfied in full the capital costs or indebtedness
33 incurred in developing and implementing the qualified facility
34 or at the end of the contract entered into pursuant to
35 subsection (c), whichever occurs first, the QSWEF qualified
36 facility shall reimburse the Public Utility Fund and the

 

 

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1 General Revenue Fund in the State treasury for the actual
2 reduction in payments to those Funds caused by this subsection
3 (d) in a manner to be determined by the Illinois Commerce
4 Commission and based on the manner in which revenues for those
5 Funds were reduced. The payments shall be made to the Illinois
6 Commerce Commission, which shall determine the appropriate
7 disbursements to the Public Utility Fund and the General
8 Revenue Fund.
9     The purchasing utility may not enter into any new contracts
10 to purchase electricity from a QSWEF until after the Commission
11 has approved a plan submitted by the facility that assures the
12 reimbursement to the State treasury required by subsection (d).
13     A QSWEF that lacks a Commission approved plan to reimburse
14 the State for tax credits resulting from electricity sold prior
15 to the effective date of this amendatory Act of the 93rd
16 General Assembly, shall submit such a plan for Commission
17 approval within 60 days of the effective date of this
18 amendatory Act of the 93rd General Assembly. Failure to do so
19 may result in the suspension of the incentive payment provided
20 for in subsection (c). The Commission shall have the authority
21 to alter any reimbursement plan submitted by a QSWEF pursuant
22 to this subsection. If a QSWEF fails to comply with the
23 Commission's Order pursuant to this subsection, then the
24 Commission shall automatically suspend the incentive payment.
25 If the incentive payment is suspended pursuant to this
26 subsection, then it can only be reinstated by an Order of the
27 Illinois Commerce Commission that finds that a QSWEF is in
28 compliance with the requirements of this subsection.
29     The Commission shall have the authority to alter, pursuant
30 to an investigation based upon its own motion or a petition
31 filed with the Commission, any previously approved plan
32 submitted by a QSWEF to reimburse the State treasury as
33 required by this subsection. A QSWEF's failure to comply with
34 the Commission's Order pursuant to this subsection shall result
35 in the automatic suspension of the incentive payment provided
36 for in subsection (c). If the incentive payment is suspended

 

 

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1 pursuant to this subsection, then it can only be reinstated by
2 an Order of the Illinois Commerce Commission that finds that a
3 QSWEF is in compliance with the Commission's action taken
4 pursuant to this subsection.
5     (e) The Illinois Commerce Commission shall not require an
6 electric utility to purchase electricity from any qualified
7 solid waste energy facility which is directly or indirectly
8 owned or operated by an entity that is primarily engaged in the
9 business of producing or selling electricity, gas, or useful
10 thermal energy from a source other than one or more qualified
11 solid waste energy facilities. Commission-approved owners and
12 operators of QSWEFs must meet the requirements of this
13 subsection for the duration of the contract entered into with a
14 utility pursuant to subsection (c). Failure to remain in
15 compliance will result in the forfeiture of the incentive
16 payment set forth in subsection (c). Such forfeiture will not
17 excuse the repayment to the State treasury required by
18 subsection (d) for utility tax credits accumulated prior to the
19 effective date of this amendatory Act of the 93rd General
20 Assembly and up to the time of the forfeiture.
21     No part of a QSWEF's ownership or operation may be sold or
22 otherwise transferred to any entity, corporation, partnership,
23 trust, or holding company without prior Commission approval.
24 Failure to obtain such prior approval will result in the
25 forfeiture of the incentive payment set forth in subsection
26 (c). Such forfeiture will not excuse the repayment to the State
27 treasury required by subsection (d) for utility tax credits
28 accumulated prior to the effective date of this amendatory Act
29 of 93rd General Assembly and up to the time of the forfeiture.
30     (e-5) A QSWEF shall receive the subsection (c) incentive
31 payment only for kilowatt-hours generated by the use of methane
32 gas generated from landfills. The Commission shall have the
33 authority to suspend or revoke the right to the subsection (c)
34 incentive payment for all amounts of electricity that the
35 Commission determines are generated by the use of a fuel that
36 is not methane gas generated from landfills. The Commission

 

 

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1 shall make such a determination pursuant to an investigation on
2 its own motion or pursuant to a petition filed with the
3 Commission. The Commission shall have the authority to require
4 a QSWEF to repay amounts received for electricity purchased
5 under the subsection (c) contracts between the electric utility
6 and the QSWEF for all amounts of electricity that the
7 Commission determines are generated in violation of the
8 landfill methane requirement set forth in this subsection. The
9 Commission shall make such a determination pursuant to an
10 investigation on its own motion or pursuant to a petition filed
11 with the Commission.
12     If the Commission determines that a QSWEF has violated the
13 requirement regarding the use of methane gas generated from a
14 landfill as set forth in this subsection, then the Commission
15 shall require that the QSWEF repay the State for all dollar
16 amounts of electricity sales that are determined by the
17 Commission to be the result of the violations. If the amount
18 owed by the QSWEF is not received by the Commission within 90
19 days of the date of the Commission's Order that requires
20 re-payment, then the Commission shall issue an Order that
21 vacates the facility's QSWEF approval that was previously
22 granted under subsection (b). Commission action that vacates
23 prior QSWEF approval does not excuse the repayment to the State
24 treasury required by subsection (d) for utility tax credits
25 accumulated up to the time of the Commission action.
26     A QSWEF must receive Commission approval before it can use
27 any fuel in addition to methane gas generated from a landfill
28 in order to generate electricity.
29     If a QSWEF or an entity seeking QSWEF approval petitions
30 the Commission to use any fuel in addition to methane gas
31 generated from a landfill to generate electricity, then the
32 Commission shall have the authority to:
33         (i) establish the methodology for determining the
34     amount of electricity that is generated by the use of
35     methane gas generated from a landfill and the amount that
36     is generated by the use of other fuel;

 

 

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1         (ii) determine all reporting requirements for the
2     QSWEF that are necessary for the Commission to determine
3     the amount of electricity that is generated by the use of
4     methane gas from a landfill and the amount that is
5     generated by the use of other fuel, and the resulting
6     payments to the QSWEF;
7         (iii) Require that the QSWEF, at the QSWEF's expense,
8     install metering equipment that the Commission determines
9     is necessary to enforce compliance with this subsection;
10     If the Commission approves a petition to use any fuel in
11     addition to methane gas generated from a landfill for the
12     generation of electricity, the Commission shall establish
13     procedures for calculating the subsection (c) incentive
14     payment that is applicable only to kilowatt-hours generated by
15     the use of methane gas generated from a landfill and for
16     submitting these calculations to the State Treasurer.
17     If a QSWEF fails to comply with a Commission Order,
18     pursuant to this subsection, then the Commission shall
19     automatically suspend the incentive payment prescribed by
20     subsection (c). If the incentive payment is suspended pursuant
21     to this subsection, then it can only be reinstated by an Order
22     of the Illinois Commerce Commission that finds that a QSWEF is
23     in compliance with the requirements of this subsection.
24     (f) This Section does not require an electric utility to
25 construct additional facilities unless those facilities are
26 paid for by the owner or operator of the affected qualified
27 solid waste energy facility.
28     (g) The Illinois Commerce Commission shall require that:
29 (1) electric utilities use the electricity purchased from a
30 qualified solid waste energy facility to displace electricity
31 generated from nuclear power or coal mined and purchased
32 outside the boundaries of the State of Illinois before
33 displacing electricity generated from coal mined and purchased
34 within the State of Illinois, to the extent possible, and (2)
35 electric utilities report annually to the Commission on the
36 extent of such displacements.

 

 

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1     (h) Nothing in this Section is intended to cause an
2 electric utility that is required to purchase power hereunder
3 to incur any economic loss as a result of its purchase. All
4 amounts paid for power which a utility is required to purchase
5 pursuant to subparagraph (c) shall be deemed to be costs
6 prudently incurred for purposes of computing charges under
7 rates authorized by Section 9-220 of this Act. Tax credits
8 provided for herein shall be reflected in charges made pursuant
9 to rates so authorized to the extent such credits are based
10 upon a cost which is also reflected in such charges.
11     (i) Beginning in February 1999 and through January 2009,
12 each qualified solid waste energy facility that sells
13 electricity to an electric utility at the purchase rate
14 described in subsection (c) shall file with the Department of
15 Revenue on or before the 15th of each month a form, prescribed
16 by the Department of Revenue, that states the number of
17 kilowatt hours of electricity for which payment was received at
18 that purchase rate from electric utilities in Illinois during
19 the immediately preceding month. This form shall be accompanied
20 by a payment from the qualified solid waste energy facility in
21 an amount equal to six-tenths of a mill ($0.0006) per kilowatt
22 hour of electricity stated on the form. Beginning on the
23 effective date of this amendatory Act of the 92nd General
24 Assembly, a qualified solid waste energy facility must file the
25 form required under this subsection (i) before the 15th of each
26 month regardless of whether the facility received any payment
27 in the previous month. Payments received by the Department of
28 Revenue shall be deposited into the Municipal Economic
29 Development Fund, a trust fund created outside the State
30 treasury. The State Treasurer may invest the moneys in the Fund
31 in any investment authorized by the Public Funds Investment
32 Act, and investment income shall be deposited into and become
33 part of the Fund. Moneys in the Fund shall be used by the State
34 Treasurer as provided in subsection (j). The obligation of a
35 qualified solid waste energy facility to make payments into the
36 Municipal Economic Development Fund shall terminate upon

 

 

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1 either: (1) expiration or termination of a facility's contract
2 to sell electricity to an electric utility at the purchase rate
3 described in subsection (c); or (2) entry of an enforceable,
4 final, and non-appealable order by a court of competent
5 jurisdiction that Public Act 89-448 is invalid. Payments by a
6 qualified solid waste energy facility into the Municipal
7 Economic Development Fund do not relieve the qualified solid
8 waste energy facility of its obligation to reimburse the Public
9 Utility Fund and the General Revenue Fund for the actual
10 reduction in payments to those Funds as a result of credits
11 received by electric utilities under subsection (d).
12     A qualified solid waste energy facility that fails to
13 timely file the requisite form and payment as required by this
14 subsection (i) shall be subject to penalties and interest in
15 conformance with the provisions of the Illinois Uniform Penalty
16 and Interest Act.
17     Every qualified solid waste energy facility subject to the
18 provisions of this subsection (i) shall keep and maintain
19 records and books of its sales pursuant to subsection (c),
20 including payments received from those sales and the
21 corresponding tax payments made in accordance with this
22 subsection (i), and for purposes of enforcement of this
23 subsection (i) all such books and records shall be subject to
24 inspection by the Department of Revenue or its duly authorized
25 agents or employees.
26     When a qualified solid waste energy facility fails to file
27 the form or make the payment required under this subsection
28 (i), the Department of Revenue, to the extent that it is
29 practical, may enforce the payment obligation in a manner
30 consistent with Section 5 of the Retailers' Occupation Tax Act,
31 and if necessary may impose and enforce a tax lien in a manner
32 consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, and 5i of
33 the Retailers' Occupation Tax Act. No tax lien may be imposed
34 or enforced, however, unless a qualified solid waste energy
35 facility fails to make the payment required under this
36 subsection (i). Only to the extent necessary and for the

 

 

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1 purpose of enforcing this subsection (i), the Department of
2 Revenue may secure necessary information from a qualified solid
3 waste energy facility in a manner consistent with Section 10 of
4 the Retailers' Occupation Tax Act.
5     All information received by the Department of Revenue in
6 its administration and enforcement of this subsection (i) shall
7 be confidential in a manner consistent with Section 11 of the
8 Retailers' Occupation Tax Act. The Department of Revenue may
9 adopt rules to implement the provisions of this subsection (i).
10     For purposes of implementing the maximum aggregate
11 distribution provisions in subsections (j) and (k), when a
12 qualified solid waste energy facility makes a late payment to
13 the Department of Revenue for deposit into the Municipal
14 Economic Development Fund, that payment and deposit shall be
15 attributed to the month and corresponding quarter in which the
16 payment should have been made, and the Treasurer shall make
17 retroactive distributions or refunds, as the case may be,
18 whenever such late payments so require.
19     (j) The State Treasurer, without appropriation, must make
20 distributions immediately after January 15, April 15, July 15,
21 and October 15 of each year, up to maximum aggregate
22 distributions of $500,000 for the distributions made in the 4
23 quarters beginning with the April distribution and ending with
24 the January distribution, from the Municipal Economic
25 Development Fund to each city, village, or incorporated town
26 that has within its boundaries an incinerator that: (1) uses
27 or, on the effective date of Public Act 90-813, used municipal
28 waste as its primary fuel to generate electricity; (2) was
29 determined by the Illinois Commerce Commission to qualify as a
30 qualified solid waste energy facility prior to the effective
31 date of Public Act 89-448; and (3) commenced operation prior to
32 January 1, 1998. Total distributions in the aggregate to all
33 qualified cities, villages, and incorporated towns in the 4
34 quarters beginning with the April distribution and ending with
35 the January distribution shall not exceed $500,000. The amount
36 of each distribution shall be determined pro rata based on the

 

 

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1 population of the city, village, or incorporated town compared
2 to the total population of all cities, villages, and
3 incorporated towns eligible to receive a distribution.
4 Distributions received by a city, village, or incorporated town
5 must be held in a separate account and may be used only to
6 promote and enhance industrial, commercial, residential,
7 service, transportation, and recreational activities and
8 facilities within its boundaries, thereby enhancing the
9 employment opportunities, public health and general welfare,
10 and economic development within the community, including
11 administrative expenditures exclusively to further these
12 activities. These funds, however, shall not be used by the
13 city, village, or incorporated town, directly or indirectly, to
14 purchase, lease, operate, or in any way subsidize the operation
15 of any incinerator, and these funds shall not be paid, directly
16 or indirectly, by the city, village, or incorporated town to
17 the owner, operator, lessee, shareholder, or bondholder of any
18 incinerator. Moreover, these funds shall not be used to pay
19 attorneys fees in any litigation relating to the validity of
20 Public Act 89-448. Nothing in this Section prevents a city,
21 village, or incorporated town from using other corporate funds
22 for any legitimate purpose. For purposes of this subsection,
23 the term "municipal waste" has the meaning ascribed to it in
24 Section 3.290 of the Environmental Protection Act.
25     (k) If maximum aggregate distributions of $500,000 under
26 subsection (j) have been made after the January distribution
27 from the Municipal Economic Development Fund, then the balance
28 in the Fund shall be refunded to the qualified solid waste
29 energy facilities that made payments that were deposited into
30 the Fund during the previous 12-month period. The refunds shall
31 be prorated based upon the facility's payments in relation to
32 total payments for that 12-month period.
33     (l) Beginning January 1, 2000, and each January 1
34 thereafter, each city, village, or incorporated town that
35 received distributions from the Municipal Economic Development
36 Fund, continued to hold any of those distributions, or made

 

 

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1 expenditures from those distributions during the immediately
2 preceding year shall submit to a financial and compliance and
3 program audit of those distributions performed by the Auditor
4 General at no cost to the city, village, or incorporated town
5 that received the distributions. The audit should be completed
6 by June 30 or as soon thereafter as possible. The audit shall
7 be submitted to the State Treasurer and those officers
8 enumerated in Section 3-14 of the Illinois State Auditing Act.
9 If the Auditor General finds that distributions have been
10 expended in violation of this Section, the Auditor General
11 shall refer the matter to the Attorney General. The Attorney
12 General may recover, in a civil action, 3 times the amount of
13 any distributions illegally expended. For purposes of this
14 subsection, the terms "financial audit," "compliance audit",
15 and "program audit" have the meanings ascribed to them in
16 Sections 1-13 and 1-15 of the Illinois State Auditing Act.
17     (m) All QSWEFs are subject to the authority of the Illinois
18 Commerce Commission as provided in Article V of the Public
19 Utilities Act.
20     (n) The Commission shall have the authority, after notice
21 and hearing held on complaint or the Commission's own motion:
22         (1) to suspend or revoke the right to subsection (c)
23     incentive payments for a violation of this Section or of
24     any Commission order, decision, or rule concerning QSWEFs;
25         (2) to suspend or revoke an entity's status as a QSWEF;
26     or
27         (3) to impose penalties under Section 5-202.
28     (o) Failure of a QSWEF to make subsection (d) reimbursement
29     payments to the State does not relieve the QSWEF of its
30     obligation to make such payments.
31     In the event that a QSWEF ceases to operate prior to the
32     end of its subsection (c) contract with an electric utility,
33     the QSWEF is nevertheless obligated to reimburse the State as
34     set forth in subsection (d) for all tax credits granted to the
35     utility for generation purchased from the QSWEF. In the event
36     of such a default, the full amount of the reimbursement

 

 

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1     obligation will become due and owing.
2     In the event that a QSWEF fails to make reimbursement
3     payments at any time after the term of its subsection (c)
4     contract concludes, the State may take action to collect the
5     full amounts owed under this Section. In the event of such a
6     default, the full amount of the reimbursement obligation will
7     become due and owing.
8     (p) For the purposes of enforcement of this Section, the
9     Commission or its duly authorized agents or employees shall
10     have full and complete access to all books, records, studies,
11     and reports of a QSWEF related to this Section. If a QSWEF
12     fails to allow the Commission or its duly authorized agents or
13     employees full and complete access to all books, records,
14     studies, and reports of the QSWEF, then, pursuant to an
15     investigation based upon its own motion or a petition, the
16     Commission shall suspend the incentive payment prescribed by
17     subsection (c). If the incentive payment is suspended pursuant
18     to this subsection, then it can only be reinstated by an Order
19     of the Illinois Commerce Commission that finds that a QSWEF is
20     in compliance with the requirements of this subsection.
21     (q) Each QSWEF shall file, no later than the first business
22     day of February of each calendar year, a sworn affidavit with
23     the Commission's Chief Clerk that expressly affirms or denies
24     their compliance with this Section, all applicable Commission
25     rules governing QSWEF status and Qualifying Facility status
26     under federal law, and all Orders of the Commission governing
27     QSWEF status.
28     Failure to meet this filing requirement within 15 days of
29     the required filing date shall result in the automatic
30     suspension of the incentive payment prescribed by subsection
31     (c). The requirements of the sworn affidavit may be set forth
32     in an electric utility's tariff approved by the Commission or
33     in the Commission's rules. If the subsection (c) incentive
34     payment is suspended pursuant to this subsection, then it can
35     only be reinstated by an Order of the Illinois Commerce
36     Commission that finds that a QSWEF is in compliance with the

 

 

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1     requirements of this subsection.
2     If the Commission, based upon an investigation of its own
3     motion or by petition, finds that the sworn affidavit filed
4     pursuant to this subsection is not supported by fact, then the
5     Commission shall automatically suspend the incentive payment
6     prescribed by subsection (c). If the incentive payment is
7     suspended pursuant to this subsection, then it can only be
8     reinstated by an Order of the Illinois Commerce Commission that
9     finds that a QSWEF is in compliance with the requirements of
10     this subsection.
11 (Source: P.A. 91-901, eff. 1-1-01; 92-435, eff. 8-17-01;
12 92-574, eff. 6-26-02.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.