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Public Act 094-1095


 

Public Act 1095 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1095
 
HB4977 Enrolled LRB094 16740 MKM 52011 b

    AN ACT concerning public utilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Utilities Act is amended by adding
Article XX as follows:
 
    (220 ILCS 5/Art. XX heading new)
ARTICLE XX. RETAIL ELECTRIC COMPETITION

 
    (220 ILCS 5/20-101 new)
    Sec. 20-101. This Article may be cited as the Retail
Electric Competition Act of 2006.
 
    (220 ILCS 5/20-102 new)
    Sec. 20-102. Findings and intent.
    (a) A competitive wholesale electricity market alone will
not deliver the full benefits of competition to Illinois
consumers. For Illinois consumers to receive products, prices
and terms tailored to meet their needs, a competitive wholesale
electricity market must be closely linked to a competitive
retail electric market.
    (b) To date, as a result of the Electric Service Customer
Choice and Rate Relief Law of 1997, thousands of large Illinois
commercial and industrial consumers have experienced the
benefits of a competitive retail electricity market.
Alternative electric retail suppliers actively compete to
supply electricity to large Illinois commercial and industrial
consumers with attractive prices, terms, and conditions.
    (c) A competitive retail electric market does not yet exist
for residential and small commercial consumers. As a result,
millions of residential and small commercial consumers in
Illinois are faced with escalating heating and power bills and
are unable to shop for alternatives to the rates demanded by
the State's incumbent electric utilities.
    (d) The General Assembly reiterates its findings from the
Electric Service Customer Choice and Rate Relief Law of 1997
that the Illinois Commerce Commission should promote the
development of an effectively competitive retail electricity
market that operates efficiently and benefits all Illinois
consumers.
 
    (220 ILCS 5/20-105 new)
    Sec. 20-105. Definitions. In this Article:
        "Director" means the Director of the Office of Retail
    Market Development.
        "Office" means the Office of Retail Market
    Development.
 
    (220 ILCS 5/20-110 new)
    Sec. 20-110. Office of Retail Market Development. Within 90
days after the effective date of this amendatory Act of the
94th General Assembly, subject to appropriation, the
Commission shall establish an Office of Retail Market
Development and employ on its staff a Director of Retail Market
Development to oversee the Office. The Director shall have
authority to employ or otherwise retain at least 2
professionals dedicated to the task of actively seeking out
ways to promote retail competition in Illinois to benefit all
Illinois consumers.
    The Office shall actively seek input from all interested
parties and shall develop a thorough understanding and critical
analyses of the tools and techniques used to promote retail
competition in other states.
    The Office shall monitor existing competitive conditions
in Illinois, identify barriers to retail competition for all
customer classes, and actively explore and propose to the
Commission and to the General Assembly solutions to overcome
identified barriers. The Director may include municipal
aggregation of customers and creating and designing customer
choice programs as tools for retail market development.
Solutions proposed by the Office to promote retail competition
must also promote safe, reliable, and affordable electric
service.
    On or before June 30 of each year, the Director shall
submit a report to the Commission, the General Assembly, and
the Governor, that details specific accomplishments achieved
by the Office in the prior 12 months in promoting retail
electric competition and that suggests administrative and
legislative action necessary to promote further improvements
in retail electric competition.
 
    (220 ILCS 5/20-120 new)
    Sec. 20-120. Residential and small commercial retail
electric competition. Within 12 months after the effective date
of this amendatory Act of the 94th General Assembly, the
Director shall conduct research, gather input from all
interested parties and develop and present to the Commission,
the General Assembly, and the Governor a detailed plan designed
to promote, in the most expeditious manner possible, retail
electric competition for residential and small commercial
electricity consumers while maintaining safe, reliable, and
affordable service. Interested parties shall be given the
opportunity to review the plan and provide written comments
regarding the plan prior to its submission to the Commission,
the General Assembly, and the Governor. Any written comments
received by the Office shall be posted on the Commission's web
site. The final plan submitted to the Commission, the General
Assembly, and the Governor must include summaries of any
written comments and must also be posted on the Commission's
web site.
    To the extent the plan calls for Commission action, the
Commission shall initiate any proceeding or proceedings called
for in the final plan within 60 days after receipt of the final
plan and complete those proceedings within 11 months after
their initiation.
    Nothing in this Section shall prevent the Commission from
acting earlier to remove identified barriers to retail electric
competition for residential and small commercial consumers.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 2/2/2007