Illinois General Assembly

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 Bill Status of SB1802  97th General Assembly


Short Description:  POWER AGENCY - RETAIL CUSTOMER

Senate Sponsors
Sen. Heather A. Steans - Dale A. Righter

House Sponsors
(Rep. Sara Feigenholtz - Mike Fortner - Patricia R. Bellock - Robyn Gabel - Pam Roth, Keith Farnham and Greg Harris)

Last Action
DateChamber Action
  6/30/2011SenatePublic Act . . . . . . . . . 97-0074

Statutes Amended In Order of Appearance
20 ILCS 3855/1-92


Synopsis As Introduced
Amends the Illinois Power Agency Act. In provisions concerning the aggregation of retail electrical load of residential and small commercial retail customers by municipalities and counties, provides that any aggregation program that operates as an opt-out program shall apply solely to residential and small commercial retail customers that are taking service from the electric utility through fixed-price bundled service tariffs. Provides that the corporate authorities or the county board shall allow new residents outside of an opt-out period and non-applicable residential and small commercial retail customers who were not eligible to receive the opt-out notice to affirmatively commit to the terms and conditions of an opt-out program at any time during the length of the program under a process disclosed in the plan of operation and governance. Sets forth provisions concerning the plan of operation and governance for an opt-out program. Sets forth provisions concerning requests made by the corporate authorities or the county board in the aggregate area for certain information from the electric utility related to applicable residential and small commercial retail customers in the aggregate area. Provides that the Illinois Commerce Commission shall adopt rules to implement the provisions of the amendatory Act, including, but not limited to, protection of customers already under contract with an alternative retail electric supplier, utility processes for enrollment of opt-out customers, minimum disclosure requirements for opt-out aggregation programs and licensing of municipalities. Makes other changes. Effective immediately.

Senate Floor Amendment No. 2
Deletes everything after the enacting clause and reinserts the bill as introduced, with the following changes: in the Illinois Power Agency Act, provides that corporate authorities of a municipality or county board of a county may adopt an ordinance under which it may aggregate, in accordance with this Section, retail electrical loads of applicable residential and small commercial retail customers located, respectively, within the municipality or the unincorporated areas of the county and, for that purpose, shall (instead of "may") solicit bids and enter into service agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment through a competitive procurement process; provides that small commercial retail customers of an electric utility that on December 31, 2010 provided electric service to at least 2,000,000 customers in Illinois shall be those customers of the watt-hour only delivery service class; provides that small commercial retail customers of an electric utility that on December 31, 2010 provided electric service to 2,000,000 or fewer customers but more than 100,000 customers in Illinois shall be those customers of an electric utility consuming 15,000 kilowatt-hours or less of electricity annually in its service area; provides that applicable residential and small commercial retail customers in an aggregation program shall not include customers of an alternative retail electric supplier that is not the chosen supplier of the aggregation program or customers participating in a residential real-time pricing program or Percentage of Income Payment Plan (PIPP) unless those customers affirmatively choose to join the aggregation program; provides that an aggregation program operating as an opt-out program applies solely to residential and small commercial retail customers that are taking service from the electric utility through fixed-price bundled service tariffs or electric supply service offered by an alternative retail electric supplier from an expiring or current aggregation program; provides that a governmental aggregator must utilize the services of a qualified expert, who meets specified qualifications, for the execution of a competitive procurement process to meet the supply needs of its aggregation; provides that customers shall be explicitly allowed through written or electronic notice the opportunity to opt out at least once every 3 years with no penalty and shall have the right to opt out to either (i) the electric utility if bundled retail electric service is still offered to that customer class pursuant to Section 16-103 of the Public Utilities Act, (ii) an electric utility's residential real-time pricing rate, if available, or (iii) an electric supply service offered by an alternative retail electric supplier certified by the Commission; removes language that allowed an electric utility to recover costs for system changes from all residential and small commercial customers; provides that any aggregation program plan adopted prior to the effective date of the amendatory Act shall still be subject to the provisions of the amendatory Act; makes other changes. Effective immediately.

House Committee Amendment No. 2
Deletes reference to:
20 ILCS 3855/1-92
Adds reference to:
20 ILCS 1305/10-66 new
20 ILCS 2310/2310-315was 20 ILCS 2310/55.41
20 ILCS 2405/10a new
30 ILCS 540/3-2
215 ILCS 106/30
305 ILCS 5/5-2from Ch. 23, par. 5-2
305 ILCS 5/5-4.1from Ch. 23, par. 5-4.1
305 ILCS 5/5-5.12from Ch. 23, par. 5-5.12
305 ILCS 5/5A-10from Ch. 23, par. 5A-10
320 ILCS 25/4from Ch. 67 1/2, par. 404

Replaces everything after the enacting clause. Amends the Department of Human Services Act. Prohibits a change in rates for medical services purchased by various divisions within the Department of Human Services absent rule changes by the Department authorizing such rate reductions. Amends the Civil Administrative Code of Illinois. Provides that if the Department of Public Health reduces the financial qualification for new applicants to the AIDS Drug Assistance Program while allowing currently enrolled individuals to remain on the program, the Department shall maintain a waiting list of applicants who would otherwise be eligible except they do not meet the financial qualifications. Amends the Disabled Persons Rehabilitation Act. Adds provisions requiring the Department of Human Services to complete a financial analysis on each student attending the Illinois School for the Deaf or the Illinois School for the Visually Impaired and to ask parents or guardians to participate, if applicable, in the cost of identified services or activities that are not education related. Amends the State Prompt Payment Act. Provides that if payment of a vendor's bill is not issued within 90 days (rather than 60 days) after receipt of a proper bill or invoice, an interest penalty of 1.0% (rather than 2.0% for bills submitted under Article V of the Illinois Public Aid Code) of any amount approved and unpaid shall be added for each month or fraction thereof after the end of the 90-day period (rather than 60-day period) until final payment is made. Amends the Children's Health Insurance Program Act. Makes changes to cost-sharing requirements. Amends the Illinois Public Aid Code. Make changes concerning income limits under the FamilyCare program; co-payments for emergency room use; coverage for over-the-counter drugs; waivers to establish a program limiting pharmacies eligible to disperse specialty drugs; and the suspension of annual occupied bed taxes. Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. As of September 1, 2011, requires beneficiaries of the Illinois Seniors and Disabled Drug Coverage Program to have a maximum household income at or below 200% of the Federal Poverty Level. Provides that the Department of Healthcare and Family Services may establish by emergency rule changes in cost-sharing necessary to conform the cost of the program to the amounts appropriated for State fiscal year 2012 and future fiscal years except that the 24-month limitation on the adoption of emergency rules and specified provisions of the Illinois Administrative Procedure Act shall not apply. Makes other changes. Effective immediately.

House Floor Amendment No. 4
Deletes reference to:
20 ILCS 3855/1-92
Adds reference to:
20 ILCS 1305/10-66 new
20 ILCS 2310/2310-315was 20 ILCS 2310/55.41
20 ILCS 2405/10a new
30 ILCS 540/3-2
215 ILCS 106/30
305 ILCS 5/5-2from Ch. 23, par. 5-2
305 ILCS 5/5-4.1from Ch. 23, par. 5-4.1
305 ILCS 5/5-5.12from Ch. 23, par. 5-5.12
305 ILCS 5/5A-10from Ch. 23, par. 5A-10
320 ILCS 25/4from Ch. 67 1/2, par. 404

Replaces everything after the enacting clause. Amends the Department of Human Services Act. Prohibits a change in rates for medical services purchased by various divisions within the Department of Human Services absent rule changes by the Department authorizing such rate reductions. Amends the Civil Administrative Code of Illinois. Provides that if the Department of Public Health reduces the financial qualification for new applicants to the AIDS Drug Assistance Program while allowing currently enrolled individuals to remain on the program, the Department shall maintain a waiting list of applicants who would otherwise be eligible except they do not meet the financial qualifications. Amends the Disabled Persons Rehabilitation Act. Adds provisions requiring the Department of Human Services to complete a financial analysis on each student attending the Illinois School for the Deaf or the Illinois School for the Visually Impaired and to ask parents or guardians to participate, if applicable, in the cost of identified services or activities that are not education related. Amends the State Prompt Payment Act. Provides that for State fiscal year 2012 and future fiscal years, any bill approved for payment under this Section must be paid or the payment issued to the payee within 90 days of receipt of a proper bill or invoice, and if payment is not issued to the payee within this 90-day period, an interest penalty of 1.0% of any amount approved and unpaid shall be added for each month or fraction thereof after the end of this 90-day period, until final payment is made. Amends the Children's Health Insurance Program Act. Makes changes to cost-sharing requirements. Amends the Illinois Public Aid Code. Make changes concerning income limits under the FamilyCare program; co-payments for emergency room use; coverage for over-the-counter drugs; waivers to establish a program limiting pharmacies eligible to disperse specialty drugs; and the suspension of annual occupied bed taxes. Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. As of September 1, 2011, requires beneficiaries of the Illinois Seniors and Disabled Drug Coverage Program to have a maximum household income at or below 200% of the Federal Poverty Level. Provides that the Department of Healthcare and Family Services may establish by emergency rule changes in cost-sharing necessary to conform the cost of the program to the amounts appropriated for State fiscal year 2012 and future fiscal years except that the 24-month limitation on the adoption of emergency rules and specified provisions of the Illinois Administrative Procedure Act shall not apply. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/9/2011SenateFiled with Secretary by Sen. David Koehler
  2/9/2011SenateFirst Reading
  2/9/2011SenateReferred to Assignments
  2/23/2011SenateAssigned to Energy
  3/10/2011SenatePostponed - Energy
  3/16/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  3/16/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/17/2011SenateDo Pass Energy; 016-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011
  4/11/2011SenateSecond Reading
  4/11/2011SenatePlaced on Calendar Order of 3rd Reading April 12, 2011
  4/11/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. David Koehler
  4/11/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/11/2011SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. David Koehler
  4/11/2011SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/12/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Energy
  4/12/2011SenateSenate Floor Amendment No. 3 Assignments Refers to Energy
  4/12/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Energy; 011-000-000
  4/12/2011SenateSenate Floor Amendment No. 3 Tabled in Energy
  4/14/2011SenateRecalled to Second Reading
  4/14/2011SenateSenate Floor Amendment No. 2 Adopted; Koehler
  4/14/2011SenatePlaced on Calendar Order of 3rd Reading
  4/14/2011SenateThird Reading - Passed; 059-000-000
  4/14/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/14/2011HouseArrived in House
  4/14/2011HousePlaced on Calendar Order of First Reading
  4/14/2011HouseChief House Sponsor Rep. Thomas Holbrook
  4/14/2011HouseFirst Reading
  4/14/2011HouseReferred to Rules Committee
  4/15/2011HouseAdded Alternate Chief Co-Sponsor Rep. Mike Fortner
  4/21/2011HouseAssigned to Executive Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/27/2011HouseAlternate Chief Sponsor Changed to Rep. Sara Feigenholtz
  5/27/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  5/27/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
  5/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Robyn Gabel
  5/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Pam Roth
  5/27/2011HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Greg Harris
  5/28/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  5/28/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/28/2011HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Sara Feigenholtz
  5/28/2011HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  5/28/2011SenateChief Sponsor Changed to Sen. Heather A. Steans
  5/29/2011HouseRe-assigned to Appropriations-Human Services Committee
  5/29/2011HouseMotion Filed to Suspend Rule 25 Appropriations-Human Services Committee; Rep. Barbara Flynn Currie
  5/29/2011HouseMotion to Suspend Rule 25 - Prevailed
  5/29/2011HouseHouse Committee Amendment No. 2 Rules Refers to Appropriations-Human Services Committee
  5/29/2011HouseHouse Committee Amendment No. 3 Rules Refers to Appropriations-Human Services Committee
  5/29/2011HouseHouse Committee Amendment No. 2 Adopted in Appropriations-Human Services Committee; by Voice Vote
  5/29/2011HouseDo Pass as Amended / Short Debate Appropriations-Human Services Committee; 009-000-001
  5/29/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/29/2011HouseHouse Committee Amendment No. 3 Tabled Pursuant to Rule 40
  5/29/2011HouseSecond Reading - Short Debate
  5/29/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Sara Feigenholtz
  5/30/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/30/2011HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Sara Feigenholtz
  5/30/2011HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  5/31/2011HouseHouse Floor Amendment No. 4 Rules Refers to Appropriations-Human Services Committee
  5/31/2011HouseHouse Floor Amendment No. 4 Recommends Be Adopted Appropriations-Human Services Committee; 009-000-000
  5/31/2011HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/31/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2011HouseThird Reading - Short Debate - Passed 112-004-000
  5/31/2011HouseHouse Floor Amendment No. 5 Tabled Pursuant to Rule 40
  5/31/2011SenateSecretary's Desk - Concurrence House Amendment(s) 2, 4
  5/31/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2, 4 - May 31, 2011
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Heather A. Steans
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Heather A. Steans
  5/31/2011SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/31/2011SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Human Services
  5/31/2011SenateHouse Floor Amendment No. 4 Motion to Concur Assignments Referred to Human Services
  5/31/2011SenateAdded as Chief Co-Sponsor Sen. Dale A. Righter
  5/31/2011SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Human Services; 008-000-000
  5/31/2011SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Human Services; 008-000-000
  5/31/2011SenateHouse Committee Amendment No. 2 Senate Concurs 057-000-000
  5/31/2011SenateHouse Floor Amendment No. 4 Senate Concurs 057-000-000
  5/31/2011SenatePassed Both Houses
  6/23/2011SenateSent to the Governor
  6/30/2011SenateGovernor Approved
  6/30/2011SenateEffective Date June 30, 2011
  6/30/2011SenatePublic Act . . . . . . . . . 97-0074

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