UTILITIES-PUBLIC UTIL FUND Senate SponsorsSen. Donne E. Trotter, Deanna Demuzio-Jacqueline Y. Collins-Kwame Raoul-Iris Y. Martinez, Dan Kotowski, Linda Holmes and M. Maggie Crotty House Sponsors(Rep. Gary Hannig-Bill Mitchell-Arthur L. Turner-Kurt M. Granberg-Robert F. Flider) 1/12/2009SenatePublic Act . . . . . . . . . 95-1027 220 ILCS 5/2-202from Ch. 111 2/3, par. 2-202625 ILCS 5/18c-1503from Ch. 95 1/2, par. 18c-1503Amends the Public Utilities Act. Provides that if the amount determined as provided in specified provisions exceeds 50% of the previous fiscal year's appropriation level (instead of $5,000,000), the Illinois Commerce Commission shall then compute the proportionate amount, if any, which (x) the tax paid hereunder by each utility during the preceding biennium, and (y) the amount paid into the Public Utility Fund during the preceding biennium by the Department of Revenue pursuant to Sections 2-9 and 2-11 of the Electricity Excise Tax Law, bears to the difference between the amount determined as provided in specified provisions. Amends the Illinois Vehicle Code. Provides that the Commission shall administer fees and taxes under specified provisions in such a manner as to insure that any surplus generated or accumulated in the Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation (instead of the surplus accumulated in the Motor Vehicle Fund during fiscal year 1984), and shall adjust the level of such fees and taxes to insure compliance with this provision. Effective immediately.House Amendment No. 2 Adds reference to:New Act20 ILCS 3855/1-520 ILCS 3855/1-1020 ILCS 3855/1-7520 ILCS 3855/1-80220 ILCS 5/9-220from Ch. 111 2/3, par. 9-220220 ILCS 5/16-101A220 ILCS 5/16-115220 ILCS 5/2-203220 ILCS 5/16-125Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Adds findings of the General Assembly. Changes the definition of "cost-effective" to provide that it does not exceed benchmarks based on market prices for renewable resources in the region, which shall be developed by the procurement administrator, in consultation with the Illinois Commerce Commission staff, Illinois Power Agency staff, and the procurement monitor, and shall be subject to Commission review and approval. Provides that the Planning and Procurement Bureau shall each year, beginning in 2008, develop plans for the procurement of electricity supply, including electricity generated by clean coal facilities and facilities that use renewable resources. Adds provisions concerning clean coal portfolio standards. In provisions concerning the Resource Development Bureau, provides that any electric generation or co-generation facilities that uses coal must be a clean coal facility and must be constructed in a location where the geology is suitable for carbon sequestration. Provides that the Agency may also develop, finance, construct, or operate a carbon sequestration facility. Amends the Public Utilities Act. Changes provisions concerning rate changes based on changes in fuel costs. Changes the legislative findings in the Electric Service Customer Choice and Rate Relief Law of 1997. Changes provisions concerning an applicant's requirements to obtain certification as an alternative retail electric supplier. Amends the Public Utilities Act to provide that specified electric utilities shall contribute specified amounts based on a pro rata share based upon specified criteria to certain retail customers. Contains provisions concerning compensating certain customers for power outages or interruptions that meet specified criteria. Contains provisions concerning the computation of proportionate tax paid based upon specified criteria. Amends the Illinois Vehicle Code to provide that the Illinois Commerce Commission shall administer fees and taxes according to specified guidelines. Contains a severability clause. Effective immediately.Fiscal Note, House Amendment No. 3 (Illinois Commerce Commission) It is anticipated that current Commission appropriations are sufficient to meet the obligations this bill imposes however, current Commission funding sources are not sufficient to meet current operations if the $5.5 million Base Maintenance Contribution is allowed to sunset on January 1, 2009, rather than extending it to Jaunary 1, 2014.House Amendment No. 4 Adds reference to:220 ILCS 5/16-111.5220 ILCS 5/16-116Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Adds findings of the General Assembly. In provisions concerning renewable portfolio standards, changes the definition of "cost-effective" to provide that it does not exceed benchmarks based on market prices for renewable energy resources in the region, which shall be developed by the procurement administrator, in consultation with the Illinois Commerce Commission staff, Illinois Power Agency staff, and the procurement monitor, and shall be subject to Commission review and approval. Adds provisions concerning clean coal portfolio standards. In provisions concerning the Resource Development Bureau, provides that any electric generation or co-generation facilities that uses coal must be a clean coal facility and must be constructed in a location where the geology is suitable for carbon sequestration. Provides that the Agency may also develop, finance, construct, or operate a carbon sequestration facility. Amends the Public Utilities Act. Changes provisions concerning rate changes based on changes in fuel costs. Changes the legislative findings in the Electric Service Customer Choice and Rate Relief Law of 1997. Changes provisions concerning an applicant's requirements to obtain certification as an alternative retail electric supplier. Changes provisions relating to procurement. Changes a provision concerning Commission oversight of electric utilities serving retail customers outside their service areas or providing competitive, non-tariffed services. Amends the Public Utilities Act to provide that specified electric utilities shall contribute specified amounts based on a pro rata share based upon specified criteria to certain retail customers. Contains provisions concerning compensating certain customers for power outages or interruptions that meet specified criteria. Contains provisions concerning the computation of proportionate tax paid based upon specified criteria. Amends the Illinois Vehicle Code to provide that the Illinois Commerce Commission shall administer fees and taxes according to specified guidelines. Contains a severability clause.House Amendment No. 5 Provides that the Illinois Commerce Commission may, under specified conditions, reduce the allowable return on equity for the facility if the facility wilfully fails (rather than fails) to comply with the carbon capture and sequestration requirements set forth in a specified provision. Deletes a provision that the Commission may reduce the price per million Btu that may be charged during a specified year under specified contracts. Makes changes to provisions concerning contracts for the purchase of substitute natural gas produced from coal through the gasification process. Provides that carbon dioxide offsets shall not exceed $40 million (rather than $30 million) in any given year. Adds provisions concerning specified actions an alternative retail electric supplier must take. Changes the requirements concerning the information that must be contained in certain sourcing agreements. Provides that electric utilities serving retail customers outside their service areas shall be subject to specified requirements, except that the numerators referred to specified provisions shall be the utility's retail market sales of electricity (expressed in kilowatthours sold) in the State outside of the utility's service territory in the prior month. 2/7/2008SenateFiled with Secretary by Sen. Donne E. Trotter 2/7/2008SenateFirst Reading 2/7/2008SenateReferred to Rules 2/14/2008SenateAssigned to Environment and Energy 3/6/2008SenateDo Pass Environment and Energy; 009-000-000 3/6/2008SenatePlaced on Calendar Order of 2nd Reading March 11, 2008 4/1/2008SenateSecond Reading 4/1/2008SenatePlaced on Calendar Order of 3rd Reading April 2, 2008 4/8/2008SenateThird Reading - Passed; 056-000-000 4/8/2008HouseArrived in House 4/8/2008HousePlaced on Calendar Order of First Reading 4/10/2008HouseChief House Sponsor Rep. Thomas Holbrook 4/10/2008HouseFirst Reading 4/10/2008HouseReferred to Rules Committee 5/19/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/19/2008HouseAssigned to Public Utilities Committee 5/22/2008HouseAlternate Chief Sponsor Changed to Rep. Gary Hannig 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/27/2008HouseDo Pass / Short Debate Public Utilities Committee; 007-000-000 5/27/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/27/2008HouseSecond Reading - Short Debate 5/27/2008HouseHeld on Calendar Order of Second Reading - Short Debate 5/30/2008HouseHouse Amendment No. 1 Filed with Clerk by Rep. Gary Hannig 5/30/2008HouseHouse Amendment No. 1 Referred to Rules Committee 5/30/2008HouseHouse Amendment No. 1 Rules Refers to Electric Utility Oversight Committee 5/31/2008HouseHouse Amendment No. 1 Recommends Be Adopted Electric Utility Oversight Committee; 005-004-000 5/31/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Gary Hannig 5/31/2008HouseHouse Amendment No. 2 Referred to Rules Committee 5/31/2008HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000 5/31/2008HouseHouse Amendment No. 1 Withdrawn by Rep. Gary Hannig 5/31/2008HouseHouse Amendment No. 2 Adopted by Voice Vote 5/31/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2008HouseThird Reading - Consideration Postponed 5/31/2008HousePlaced on Calendar - Consideration Postponed May 31, 2008 5/31/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Arthur L. Turner 5/31/2008HouseHouse Amendment No. 3 Referred to Rules Committee 5/31/2008HouseAlternate Chief Sponsor Changed to Rep. Arthur L. Turner 5/31/2008HouseHouse Amendment No. 3 Fiscal Note Requested as Amended by Rep. Roger L. Eddy 5/31/2008HouseHouse Amendment No. 3 State Debt Impact Note Requested as Amended by Rep. Roger L. Eddy 5/31/2008HouseRule 19(a) / Re-referred to Rules Committee 6/10/2008HouseFinal Action Deadline Extended-9(b) July 31, 2008 6/10/2008HouseHouse Amendment No. 3 Fiscal Note Filed as Amended 7/10/2008HouseApproved for Consideration Rules Committee; 003-001-000 7/10/2008HousePlaced on Calendar - Consideration Postponed July 10, 2008 7/15/2008HouseRecalled to Second Reading - Short Debate 7/15/2008HouseHeld on Calendar Order of Second Reading - Short Debate 7/15/2008HouseAlternate Chief Sponsor Changed to Rep. Gary Hannig 7/15/2008HouseAdded Alternate Chief Co-Sponsor Rep. Bill Mitchell 7/15/2008HouseAdded Alternate Chief Co-Sponsor Rep. Arthur L. Turner 7/16/2008HouseHouse Amendment No. 4 Filed with Clerk by Rep. Gary Hannig 7/16/2008HouseHouse Amendment No. 4 Referred to Rules Committee 7/16/2008HouseHouse Amendment No. 5 Filed with Clerk by Rep. Gary Hannig 7/16/2008HouseHouse Amendment No. 5 Referred to Rules Committee 7/16/2008HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000 7/16/2008HouseHouse Amendment No. 5 Recommends Be Adopted Rules Committee; 003-000-000 7/16/2008HouseAdded Alternate Chief Co-Sponsor Rep. Kurt M. Granberg 7/16/2008HouseHouse Amendment No. 4 Adopted by Voice Vote 7/16/2008HouseHouse Amendment No. 5 Adopted by Voice Vote 7/16/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 7/16/2008House3/5 Vote Required 7/16/2008HouseThird Reading - Short Debate - Passed 086-005-000 7/16/2008HouseHouse Amendment No. 3 Tabled Pursuant to Rule 40(a) 7/16/2008HouseAdded Alternate Chief Co-Sponsor Rep. Robert F. Flider 8/19/2008SenateSecretary's Desk - Concurrence House Amendment(s) 02,04,05 8/19/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 02,04,05 9/20/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules 11/12/2008SenateAdded as Co-Sponsor Sen. Deanna Demuzio 11/12/2008SenateApproved for Consideration Rules 11/12/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) November 13, 2008; 02,04,05 11/12/2008SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Donne E. Trotter 11/12/2008SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 11/12/2008SenateHouse Amendment No. 4 Motion to Concur Filed with Secretary Sen. Donne E. Trotter 11/12/2008SenateHouse Amendment No. 4 Motion to Concur Referred to Rules 11/12/2008SenateHouse Amendment No. 5 Motion to Concur Filed with Secretary Sen. Donne E. Trotter 11/12/2008SenateHouse Amendment No. 5 Motion to Concur Referred to Rules 11/12/2008SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Environment and Energy 11/12/2008SenateHouse Amendment No. 4 Motion to Concur Rules Referred to Environment and Energy 11/12/2008SenateHouse Amendment No. 5 Motion to Concur Rules Referred to Environment and Energy 11/13/2008SenateHouse Amendment No. 2 Motion Held in Environment and Energy 11/13/2008SenateHouse Amendment No. 4 Motion Held in Environment and Energy 11/13/2008SenateHouse Amendment No. 5 Motion Held in Environment and Energy 11/19/2008SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 11/19/2008SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Environment and Energy; 010-001-001 11/19/2008SenateHouse Amendment No. 4 Motion To Concur Recommended Do Adopt Environment and Energy; 010-001-001 11/19/2008SenateHouse Amendment No. 5 Motion To Concur Recommended Do Adopt Environment and Energy; 010-001-001 11/20/2008SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul 11/20/2008SenateHouse Amendment No. 2 3/5 Vote Required 11/20/2008SenateHouse Amendment No. 2 Senate Concurs 053-000-000 11/20/2008SenateHouse Amendment No. 4 3/5 Vote Required 11/20/2008SenateHouse Amendment No. 4 Senate Concurs 053-000-000 11/20/2008SenateHouse Amendment No. 5 3/5 Vote Required 11/20/2008SenateHouse Amendment No. 5 Senate Concurs 053-000-000 11/20/2008SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez 11/20/2008SenateAdded as Co-Sponsor Sen. Dan Kotowski 11/20/2008SenateAdded as Co-Sponsor Sen. Linda Holmes 11/20/2008SenateAdded as Co-Sponsor Sen. M. Maggie Crotty 11/20/2008SenatePassed Both Houses 12/5/2008SenateSent to the Governor 1/12/2009SenateGovernor Approved 1/12/2009SenateEffective Date June 1, 2009 1/12/2009SenatePublic Act . . . . . . . . . 95-1027