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Public Act 100-0016


 

Public Act 0016 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0016
 
SB0071 EnrolledLRB100 05891 RJF 15917 b

    AN ACT concerning regulation.
 
    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 changing
Section 16-128A as follows:
 
    (220 ILCS 5/16-128A)
    (Text of Section before amendment by P.A. 99-906)
    Sec. 16-128A. Certification of installers, maintainers, or
repairers.
    (a) Within 18 months of the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, including emergency rules, establishing
certification requirements ensuring that entities installing
distributed generation facilities are in compliance with the
requirements of subsection (a) of Section 16-128 of this Act.
    For purposes of this Section, the phrase "entities
installing distributed generation facilities" shall include,
but not be limited to, all entities that are exempt from the
definition of "alternative retail electric supplier" under
item (v) of Section 16-102 of this Act. For purposes of this
Section, the phrase "self-installer" means an individual who
(i) leases or purchases a cogeneration facility for his or her
own personal use and (ii) installs such cogeneration or
self-generation facility on his or her own premises without the
assistance of any other person.
    (b) In addition to any authority granted to the Commission
under this Act, the Commission is also authorized to: (1)
determine which entities are subject to certification under
this Section; (2) impose reasonable certification fees and
penalties; (3) adopt disciplinary procedures; (4) investigate
any and all activities subject to this Section, including
violations thereof; (5) adopt procedures to issue or renew, or
to refuse to issue or renew, a certification or to revoke,
suspend, place on probation, reprimand, or otherwise
discipline a certified entity under this Act or take other
enforcement action against an entity subject to this Section;
and (6) prescribe forms to be issued for the administration and
enforcement of this Section.
    (c) No electric utility shall provide a retail customer
with net metering service related to interconnection of that
customer's distributed generation facility unless the customer
provides the electric utility with (i) a certification that the
customer installing the distributed generation facility was a
self-installer or (ii) evidence that the distributed
generation facility was installed by an entity certified under
this Section that is also in good standing with the Commission.
For purposes of this subsection, a retail customer includes
that customer's employees, officers, and agents. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer must provide to an electric
utility. The provisions of this subsection (c) shall apply on
or after the effective date of the Commission's rules
prescribed pursuant to subsection (a) of this Section.
    (d) Within 180 days after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall initiate a rulemaking proceeding to establish
certification requirements that shall be applicable to persons
or entities that install, maintain, or repair electric vehicle
charging stations. The notification and certification
requirements of this Section shall only be applicable to
individuals or entities that perform work on or within an
electric vehicle charging station, including, but not limited
to, connection of power to an electric vehicle charging
station.
    For the purposes of this Section "electric vehicle charging
station" means any facility or equipment that is used to charge
a battery or other energy storage device of an electric
vehicle.
    Rules regulating the installation, maintenance, or repair
of electric vehicle charging stations, in which the Commission
may establish separate requirements based upon the
characteristics of electric vehicle charging stations, so long
as it is in accordance with the requirements of subsection (a)
of Section 16-128 and Section 16-128A of this Act, shall:
        (1) establish a certification process for persons or
    entities that install, maintain, or repair of electric
    vehicle charging stations;
        (2) require persons or entities that install,
    maintain, or repair electric vehicle stations to be
    certified to do business and to be bonded in the State;
        (3) ensure that persons or entities that install,
    maintain, or repair electric vehicle charging stations
    have the requisite knowledge, skills, training,
    experience, and competence to perform functions in a safe
    and reliable manner as required under subsection (a) of
    Section 16-128 of this Act;
        (4) impose reasonable certification fees and penalties
    on persons or entities that install, maintain, or repair of
    electric vehicle charging stations for noncompliance of
    the rules adopted under this subsection;
        (5) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    conform to applicable building and electrical codes;
        (6) ensure that all electric vehicle charging stations
    meet recognized industry standards as the Commission deems
    appropriate, such as the National Electric Code (NEC) and
    standards developed or created by the Institute of
    Electrical and Electronics Engineers (IEEE), the Electric
    Power Research Institute (EPRI), the Detroit Edison
    Institute (DTE), the Underwriters Laboratory (UL), the
    Society of Automotive Engineers (SAE), and the National
    Institute of Standards and Technology (NIST);
        (7) include any additional requirements that the
    Commission deems reasonable to ensure that persons or
    entities that install, maintain, or repair electric
    vehicle charging stations meet adequate training,
    financial, and competency requirements;
        (8) ensure that the obligations required under this
    Section and subsection (a) of Section 16-128 of this Act
    are met prior to the interconnection of any electric
    vehicle charging station;
        (9) ensure electric vehicle charging stations
    installed by a self-installer are not used for any
    commercial purpose;
        (10) establish an inspection procedure for the
    conversion of electric vehicle charging stations installed
    by a self-installer if it is determined that the
    self-installed electric vehicle charging station is being
    used for commercial purposes;
        (11) establish the requirement that all persons or
    entities that install electric vehicle charging stations
    shall notify the servicing electric utility in writing of
    plans to install an electric vehicle charging station and
    shall notify the servicing electric utility in writing when
    installation is complete;
        (12) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    obtain certificates of insurance in sufficient amounts and
    coverages that the Commission so determines and, if
    necessary as determined by the Commission, names the
    affected public utility as an additional insured; and
        (13) identify and determine the training or other
    programs by which persons or entities may obtain the
    requisite training, skills, or experience necessary to
    achieve and maintain compliance with the requirements set
    forth in this subsection and subsection (a) of Section
    16-128 to install, maintain, or repair electric vehicle
    charging stations.
    Within 18 months after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, and may, if it deems necessary, adopt
emergency rules, for the installation, maintenance, or repair
of electric vehicle charging stations.
    All retail customers who own, maintain, or repair an
electric vehicle charging station shall provide the servicing
electric utility (i) a certification that the customer
installing the electric vehicle charging station was a
self-installer or (ii) evidence that the electric vehicle
charging station was installed by an entity certified under
this subsection (d) that is also in good standing with the
Commission. For purposes of this subsection (d), a retail
customer includes that retail customer's employees, officers,
and agents. If the electric vehicle charging station was not
installed by a self-installer, then the person or entity that
plans to install the electric vehicle charging station shall
provide notice to the servicing electric utility prior to
installation and when installation is complete and provide any
other information required by the Commission's rules
established under subsection (d) of this Section. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer who owns, uses, operates, or
maintains an electric vehicle charging station must provide to
an electric utility.
    For the purposes of this subsection, an electric vehicle
charging station shall constitute a distribution facility or
equipment as that term is used in subsection (a) of Section
16-128 of this Act. The phrase "self-installer" means an
individual who (i) leases or purchases an electric vehicle
charging station for his or her own personal use and (ii)
installs an electric vehicle charging station on his or her own
premises without the assistance of any other person.
    (e) Fees and penalties collected under this Section shall
be deposited into the Public Utility Fund and used to fund the
Commission's compliance with the obligations imposed by this
Section.
    (f) The rules established under subsection (d) of this
Section shall specify the initial dates for compliance with the
rules.
    (g) The certification of persons or entities that install,
maintain, or repair distributed generation facilities and
electric vehicle charging stations as set forth in this Section
is an exclusive power and function of the State. A home rule
unit or other units of local government authority may subject
persons or entities that install, maintain, or repair
distributed generation facilities or electric vehicle charging
stations as set forth in this Section to any applicable local
licensing, siting, and permitting requirements otherwise
permitted under law so long as only Commission-certified
persons or entities are authorized to install, maintain, or
repair distributed generation facilities or electric vehicle
charging stations. This Section is a limitation under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution on the exercise by home rule units of powers and
functions exclusively exercised by the State.
(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
 
    (Text of Section after amendment by P.A. 99-906)
    Sec. 16-128A. Certification of installers, maintainers, or
repairers.
    (a) Within 18 months of the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, including emergency rules, establishing
certification requirements ensuring that entities installing
distributed generation facilities are in compliance with the
requirements of subsection (a) of Section 16-128 of this Act.
    For purposes of this Section, the phrase "entities
installing distributed generation facilities" shall include,
but not be limited to, all entities that are exempt from the
definition of "alternative retail electric supplier" under
item (v) of Section 16-102 of this Act. For purposes of this
Section, the phrase "self-installer" means an individual who
(i) leases or purchases a cogeneration facility for his or her
own personal use and (ii) installs such cogeneration or
self-generation facility on his or her own premises without the
assistance of any other person.
    (b) In addition to any authority granted to the Commission
under this Act, the Commission is also authorized to: (1)
determine which entities are subject to certification under
this Section; (2) impose reasonable certification fees and
penalties; (3) adopt disciplinary procedures; (4) investigate
any and all activities subject to this Section, including
violations thereof; (5) adopt procedures to issue or renew, or
to refuse to issue or renew, a certification or to revoke,
suspend, place on probation, reprimand, or otherwise
discipline a certified entity under this Act or take other
enforcement action against an entity subject to this Section;
and (6) prescribe forms to be issued for the administration and
enforcement of this Section.
    (c) No electric utility shall provide a retail customer
with net metering service related to interconnection of that
customer's distributed generation facility unless the customer
provides the electric utility with (i) a certification that the
customer installing the distributed generation facility was a
self-installer or (ii) evidence that the distributed
generation facility was installed by an entity certified under
this Section that is also in good standing with the Commission.
For purposes of this subsection, a retail customer includes
that customer's employees, officers, and agents. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer must provide to an electric
utility. The provisions of this subsection (c) shall apply on
or after the effective date of the Commission's rules
prescribed pursuant to subsection (a) of this Section.
    (d) Within 180 days after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall initiate a rulemaking proceeding to establish
certification requirements that shall be applicable to persons
or entities that install, maintain, or repair electric vehicle
charging stations. The notification and certification
requirements of this Section shall only be applicable to
individuals or entities that perform work on or within an
electric vehicle charging station, including, but not limited
to, connection of power to an electric vehicle charging
station.
    For the purposes of this Section "electric vehicle charging
station" means any facility or equipment that is used to charge
a battery or other energy storage device of an electric
vehicle.
    Rules regulating the installation, maintenance, or repair
of electric vehicle charging stations, in which the Commission
may establish separate requirements based upon the
characteristics of electric vehicle charging stations, so long
as it is in accordance with the requirements of subsection (a)
of Section 16-128 and Section 16-128A of this Act, shall:
        (1) establish a certification process for persons or
    entities that install, maintain, or repair of electric
    vehicle charging stations;
        (2) require persons or entities that install,
    maintain, or repair electric vehicle stations to be
    certified to do business and to be bonded in the State;
        (3) ensure that persons or entities that install,
    maintain, or repair electric vehicle charging stations
    have the requisite knowledge, skills, training,
    experience, and competence to perform functions in a safe
    and reliable manner as required under subsection (a) of
    Section 16-128 of this Act;
        (4) impose reasonable certification fees and penalties
    on persons or entities that install, maintain, or repair of
    electric vehicle charging stations for noncompliance of
    the rules adopted under this subsection;
        (5) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    conform to applicable building and electrical codes;
        (6) ensure that all electric vehicle charging stations
    meet recognized industry standards as the Commission deems
    appropriate, such as the National Electric Code (NEC) and
    standards developed or created by the Institute of
    Electrical and Electronics Engineers (IEEE), the Electric
    Power Research Institute (EPRI), the Detroit Edison
    Institute (DTE), the Underwriters Laboratory (UL), the
    Society of Automotive Engineers (SAE), and the National
    Institute of Standards and Technology (NIST);
        (7) include any additional requirements that the
    Commission deems reasonable to ensure that persons or
    entities that install, maintain, or repair electric
    vehicle charging stations meet adequate training,
    financial, and competency requirements;
        (8) ensure that the obligations required under this
    Section and subsection (a) of Section 16-128 of this Act
    are met prior to the interconnection of any electric
    vehicle charging station;
        (9) ensure electric vehicle charging stations
    installed by a self-installer are not used for any
    commercial purpose;
        (10) establish an inspection procedure for the
    conversion of electric vehicle charging stations installed
    by a self-installer if it is determined that the
    self-installed electric vehicle charging station is being
    used for commercial purposes;
        (11) establish the requirement that all persons or
    entities that install electric vehicle charging stations
    shall notify the servicing electric utility in writing of
    plans to install an electric vehicle charging station and
    shall notify the servicing electric utility in writing when
    installation is complete;
        (12) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    obtain certificates of insurance in sufficient amounts and
    coverages that the Commission so determines and, if
    necessary as determined by the Commission, names the
    affected public utility as an additional insured; and
        (13) identify and determine the training or other
    programs by which persons or entities may obtain the
    requisite training, skills, or experience necessary to
    achieve and maintain compliance with the requirements set
    forth in this subsection and subsection (a) of Section
    16-128 to install, maintain, or repair electric vehicle
    charging stations.
    Within 18 months after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, and may, if it deems necessary, adopt
emergency rules, for the installation, maintenance, or repair
of electric vehicle charging stations.
    All retail customers who own, maintain, or repair an
electric vehicle charging station shall provide the servicing
electric utility (i) a certification that the customer
installing the electric vehicle charging station was a
self-installer or (ii) evidence that the electric vehicle
charging station was installed by an entity certified under
this subsection (d) that is also in good standing with the
Commission. For purposes of this subsection (d), a retail
customer includes that retail customer's employees, officers,
and agents. If the electric vehicle charging station was not
installed by a self-installer, then the person or entity that
plans to install the electric vehicle charging station shall
provide notice to the servicing electric utility prior to
installation and when installation is complete and provide any
other information required by the Commission's rules
established under subsection (d) of this Section. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer who owns, uses, operates, or
maintains an electric vehicle charging station must provide to
an electric utility.
    For the purposes of this subsection, an electric vehicle
charging station shall constitute a distribution facility or
equipment as that term is used in subsection (a) of Section
16-128 of this Act. The phrase "self-installer" means an
individual who (i) leases or purchases an electric vehicle
charging station for his or her own personal use and (ii)
installs an electric vehicle charging station on his or her own
premises without the assistance of any other person.
    (e) Fees and penalties collected under this Section shall
be deposited into the Public Utility Fund and used to fund the
Commission's compliance with the obligations imposed by this
Section.
    (f) The rules established under subsection (d) of this
Section shall specify the initial dates for compliance with the
rules.
    (g) Within 18 months of the effective date of this
amendatory Act of the 99th General Assembly, the Commission
shall adopt rules, including emergency rules, establishing a
process for entities installing a new utility-scale wind
project or a new utility-scale solar project to certify
compliance with the requirements of this Section. For purposes
of this Section, the phrase "entities installing a new
utility-scale wind project or a new utility-scale solar
project" shall include, but is not limited to, any entity
installing new wind projects or new photovoltaic projects as
such terms are defined in subsection (c) of Section 1-75 of the
Illinois Power Agency Act.
    The process shall include an option to complete the
certification electronically by completing forms on-line. An
entity installing a new utility-scale wind project or a new
utility-scale solar project shall be permitted to complete
certification after the subject work has been completed. The
Commission shall maintain on its website a list of entities
installing new utility-scale wind projects or new
utility-scale solar projects measures that have successfully
completed the certification process.
    (h) In addition to any authority granted to the Commission
under this Act, the Commission is also authorized to: (1)
determine which entities are subject to certification under
subsection (g) of this Section; (2) impose reasonable
certification fees and penalties; (3) adopt disciplinary
procedures; (4) investigate any and all activities subject to
subsection (g) or this subsection (h) of this Section,
including violations thereof; (5) adopt procedures to issue or
renew, or to refuse to issue or renew, a certification or to
revoke, suspend, place on probation, reprimand, or otherwise
discipline a certified entity under subsection (g) of this
Section or take other enforcement action against an entity
subject to subsection (g) or this subsection (h) of this
Section; (6) prescribe forms to be issued for the
administration and enforcement of subsection (g) and this
subsection (h) of this Section; and (7) establish requirements
to ensure that entities installing a new wind project or a new
photovoltaic project have the requisite knowledge, skills,
training, experience, and competence to perform in a safe and
reliable manner as required by subsection (a) of Section 16-128
of this Act.
    (i) The certification of persons or entities that install,
maintain, or repair new wind projects, new photovoltaic
projects, distributed generation facilities, and electric
vehicle charging stations as set forth in this Section is an
exclusive power and function of the State. A home rule unit or
other units of local government authority may subject persons
or entities that install, maintain, or repair new wind
projects, new photovoltaic projects, distributed generation
facilities, or electric vehicle charging stations as set forth
in this Section to any applicable local licensing, siting, and
permitting requirements otherwise permitted under law so long
as only Commission-certified persons or entities are
authorized to install, maintain, or repair new wind projects,
new photovoltaic projects, distributed generation facilities,
or electric vehicle charging stations. This Section is a
limitation under subsection (h) of Section 6 of Article VII of
the Illinois Constitution on the exercise by home rule units of
powers and functions exclusively exercised by the State.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law or on the date Public Act 99-906 takes effect,
whichever is later.

Effective Date: 6/30/2017