Rep. Christian L Mitchell

Filed: 3/14/2013

 

 


 

 


 
09800HB0575ham001LRB098 03400 CEL 43045 a

1
AMENDMENT TO HOUSE BILL 575

2    AMENDMENT NO. ______. Amend House Bill 575 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by changing
5Sections 16-111.7 and 19-140 as follows:
 
6    (220 ILCS 5/16-111.7)
7    Sec. 16-111.7. On-bill financing program; electric
8utilities.
9    (a) The Illinois General Assembly finds that Illinois homes
10and businesses have the potential to save energy through
11conservation and cost-effective energy efficiency measures.
12Programs created pursuant to this Section will allow utility
13customers to purchase cost-effective energy efficiency
14measures, including measures set forth in a
15Commission-approved energy efficiency and demand-response plan
16under Section 8-103 of this Act and that are cost-effective as

 

 

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1that term is defined by that Section, with no required initial
2upfront payment, and to pay the cost of those products and
3services over time on their utility bill.
4    (b) Notwithstanding any other provision of this Act, an
5electric utility serving more than 100,000 customers on January
61, 2009 shall offer a Commission-approved on-bill financing
7program ("program") that allows its eligible retail customers,
8as that term is defined in Section 16-111.5 of this Act, who
9own a residential single family home, duplex, or other
10residential building with 4 or less units, or condominium at
11which the electric service is being provided (i) to borrow
12funds from a third party lender in order to purchase electric
13energy efficiency measures approved under the program for
14installation in such home or condominium without any required
15upfront payment and (ii) to pay back such funds over time
16through the electric utility's bill. Based upon the process
17described in subsection (b-5) of this Section, small commercial
18retail customers, as that term is defined in Section 16-102 of
19this Act, who own the premises at which electric service is
20being provided may be included in such program. After receiving
21a request from an electric utility for approval of a proposed
22program and tariffs pursuant to this Section, the Commission
23shall render its decision within 120 days. If no decision is
24rendered within 120 days, then the request shall be deemed to
25be approved.
26    Notwithstanding the provisions of the preceding paragraph,

 

 

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1an electric utility serving more than 100,000 customers on or
2after January 1, 2013 shall offer a Commission-approved,
3on-bill financing program to owners of multifamily residential
4or mixed-use buildings with 5 or more residential units no
5later than December 31, 2013 under the processes described in
6subsection (c-5) of this Section.
7    (b-5) Within 30 days after the effective date of this
8amendatory Act of the 96th General Assembly, the Commission
9shall convene a workshop process during which interested
10participants may discuss issues related to the program,
11including program design, eligible electric energy efficiency
12measures, vendor qualifications, and a methodology for
13ensuring ongoing compliance with such qualifications,
14financing, sample documents such as request for proposals,
15contracts and agreements, dispute resolution, pre-installment
16and post-installment verification, and evaluation. The
17workshop process shall be completed within 150 days after the
18effective date of this amendatory Act of the 96th General
19Assembly.
20    (c) Not later than 60 days following completion of the
21workshop process described in subsection (b-5) of this Section,
22each electric utility subject to subsection (b) of this Section
23shall submit a proposed program to the Commission that contains
24the following components:
25        (1) A list of recommended electric energy efficiency
26    measures that will be eligible for on-bill financing. An

 

 

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1    eligible electric energy efficiency measure ("measure")
2    shall be a product or service for which one or more of the
3    following is true defined by the following:
4            (A) (blank); the measure would be applied to or
5        replace electric energy-using equipment; and either
6            (B) the projected application of the measure to
7        equipment and systems will have estimated electricity
8        savings (determined by rates in effect at the time of
9        purchase), that are sufficient to cover the costs of
10        implementing the measures, including finance charges
11        and any program fees not recovered pursuant to
12        subsection (f) of this Section; to assist the electric
13        utility in identifying or approving measures, the
14        utility may consult with the Department of Commerce and
15        Economic Opportunity, as well as with retailers,
16        technicians, and installers of electric energy
17        efficiency measures and energy auditors (collectively
18        "vendors"); or
19            (C) the product or service measure is included in a
20        Commission-approved energy efficiency and
21        demand-response plan under Section 8-103 of this Act
22        and is cost-effective as that term is defined by that
23        Section.
24        (2) The electric utility shall issue a request for
25    proposals ("RFP") to lenders for purposes of providing
26    financing to participants to pay for approved measures. The

 

 

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1    RFP criteria shall include, but not be limited to, the
2    interest rate, origination fees, and credit terms. The
3    utility shall select the winning bidders based on its
4    evaluation of these criteria, with a preference for those
5    bids containing the rates, fees, and terms most favorable
6    to participants;
7        (3) The utility shall work with the lenders selected
8    pursuant to the RFP process, and with vendors, to establish
9    the terms and processes pursuant to which a participant can
10    purchase eligible electric energy efficiency measures
11    using the financing obtained from the lender. The vendor
12    shall explain and offer the approved financing packaging to
13    those customers identified in subsection (b) of this
14    Section and shall assist customers in applying for
15    financing. As part of the process, vendors shall also
16    provide to participants information about any other
17    incentives that may be available for the measures.
18        (4) The lender shall conduct credit checks or undertake
19    other appropriate measures to limit credit risk, and shall
20    review and approve or deny financing applications
21    submitted by customers identified in subsection (b) of this
22    Section. Following the lender's approval of financing and
23    the participant's purchase of the measure or measures, the
24    lender shall forward payment information to the electric
25    utility, and the utility shall add as a separate line item
26    on the participant's utility bill a charge showing the

 

 

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1    amount due under the program each month.
2        (4.3) The obligation created by a loan issued under the
3    program shall run with the meter. For the purposes of this
4    Section, "run with the meter" means all of the following:
5            (A) any portion of a loan issued under the program
6        that remains outstanding prior to sale or transfer of
7        the applicable real property, survives a change in
8        ownership, tenancy, or meter account responsibility;
9            (B) any portion of a loan issued under the program
10        that remains outstanding, at all times constitutes an
11        obligation of the utility customer of record in respect
12        to the premises served by the measure to repay; and
13            (C) arrears in repayment of a loan issued under the
14        program that are outstanding prior to sale or transfer
15        of the applicable real property remains the
16        responsibility of the incurring customer, unless
17        expressly assumed by the subsequent customer or third
18        party.
19        (4.5) For each loan issued under the program, the
20    utility or its agent shall record in the county recorder's
21    office of a county in which the property is located, a
22    notice, with respect to the real property on which the
23    premises served by the measures are located, of the
24    existence of the loan obligation and stating the total
25    amount of the loan obligation, the term of the loan
26    obligation, and that the loan obligation is being repaid

 

 

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1    through a charge on an electric service provided to the
2    property. The notice shall also state that it is being
3    filed under this Section and, unless fully satisfied prior
4    to sale or transfer of the property, the loan obligation
5    shall survive changes in ownership, tenancy, or meter
6    account responsibility and, until fully satisfied, shall
7    constitute the obligation of the person responsible for the
8    meter account. The notice shall not constitute a mortgage
9    or deed of trust and shall not create any security interest
10    or lien on the property. Upon satisfaction of the loan
11    obligation, the utility or its agent shall promptly record
12    a notice of repayment or a termination of notice. The
13    county recorder shall record the notices in the same book
14    in which the deeds are recorded.
15        (5) A loan issued to a participant pursuant to the
16    program shall be the sole responsibility of the utility
17    customer of record in respect to the premises served by the
18    measure participant, and any dispute that may arise
19    concerning the loan's terms, conditions, or charges shall
20    be resolved between the utility customer of record
21    participant and lender. Upon transfer of the property title
22    for the premises at which the participant receives electric
23    service from the utility or the participant's request to
24    terminate service at such premises, the participant shall
25    pay in full its electric utility bill, including all
26    amounts due under the program, provided that this

 

 

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1    obligation may be modified as provided in subsection (g) of
2    this Section. Amounts due under the program shall be deemed
3    amounts owed for residential and, as appropriate, small
4    commercial electric service.
5        (6) The electric utility shall remit payment in full to
6    the lender each month on behalf of the participant. In the
7    event a participant defaults on payment of its electric
8    utility bill, the electric utility shall continue to remit
9    all payments due under the program to the lender, and the
10    utility shall be entitled to recover all costs related to a
11    participant's nonpayment through the automatic adjustment
12    clause tariff established pursuant to Section 16-111.8 of
13    this Act. In addition, the electric utility shall retain a
14    security interest in the measure or measures purchased
15    under the program to the extent those measures are not
16    integral to the shell of a building, and the utility
17    retains its right to disconnect a participant that defaults
18    on the payment of its utility bill.
19        (7) The total outstanding amount financed under the
20    programs in this subsection and subsection (c-5) of this
21    Section program shall not exceed $2.5 million for an
22    electric utility or electric utilities under a single
23    holding company, provided that the electric utility or
24    electric utilities may petition the Commission for an
25    increase in such amount.
26    (c-5) Within 60 days after the effective date of this

 

 

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1amendatory Act of the 98th General Assembly, each covered
2electric utility shall submit a proposed program to the
3Commission that fully comports with the provisions of
4subsection (c) of this Section, with the following additional
5provision: an electric utility subject to this Section shall
6fully coordinate its program with any gas utility or utilities
7that provide gas service to buildings within the electric
8utility's service territory so that is practical and feasible
9for the owner of a multifamily building to make a single
10application to access loans for both gas and electric energy
11efficiency measures in any individual building.
12    (d) A program approved by the Commission shall also include
13the following criteria and guidelines for such program:
14        (1) guidelines for financing of measures installed
15    under a program, including, but not limited to, RFP
16    criteria and limits on both individual loan amounts and the
17    duration of the loans;
18        (2) criteria and standards for identifying and
19    approving measures;
20        (3) qualifications of vendors that will market or
21    install measures, as well as a methodology for ensuring
22    ongoing compliance with such qualifications;
23        (4) sample contracts and agreements necessary to
24    implement the measures and program; and
25        (5) the types of data and information that utilities
26    and vendors participating in the program shall collect for

 

 

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1    purposes of preparing the reports required under
2    subsection (g) of this Section.
3    (e) The proposed program submitted by each electric utility
4shall be consistent with the provisions of this Section that
5define operational, financial and billing arrangements between
6and among program participants, vendors, lenders, and the
7electric utility.
8    (f) An electric utility shall recover all of the prudently
9incurred costs of offering a program approved by the Commission
10pursuant to this Section, including, but not limited to, all
11start-up and administrative costs and the costs for program
12evaluation. All prudently incurred costs under this Section
13shall be recovered from the residential and small commercial
14retail customer classes eligible to participate in the program
15through the automatic adjustment clause tariff established
16pursuant to Section 8-103 of this Act.
17    (g) An independent evaluation of a program shall be
18conducted after 3 years of the program's operation. The
19electric utility shall retain an independent evaluator who
20shall evaluate the effects of the measures installed under the
21program and the overall operation of the program, including,
22but not limited to, customer eligibility criteria and whether
23the payment obligation for permanent electric energy
24efficiency measures that will continue to provide benefits of
25energy savings should attach to the meter location. As part of
26the evaluation process, the evaluator shall also solicit

 

 

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1feedback from participants and interested stakeholders. The
2evaluator shall issue a report to the Commission on its
3findings no later than 4 years after the date on which the
4program commenced, and the Commission shall issue a report to
5the Governor and General Assembly including a summary of the
6information described in this Section as well as its
7recommendations as to whether the program should be
8discontinued, continued with modification or modifications or
9continued without modification, provided that any recommended
10modifications shall only apply prospectively and to measures
11not yet installed or financed.
12    (h) An electric utility offering a Commission-approved
13program pursuant to this Section shall not be required to
14comply with any other statute, order, rule, or regulation of
15this State that may relate to the offering of such program,
16provided that nothing in this Section is intended to limit the
17electric utility's obligation to comply with this Act and the
18Commission's orders, rules, and regulations, including Part
19280 of Title 83 of the Illinois Administrative Code.
20    (i) The source of a utility customer's electric supply
21shall not disqualify a customer from participation in the
22utility's on-bill financing program. Customers of alternative
23retail electric suppliers may participate in the program under
24the same terms and conditions applicable to the utility's
25supply customers.
26(Source: P.A. 96-33, eff. 7-10-09; 97-616, eff. 10-26-11.)
 

 

 

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1    (220 ILCS 5/19-140)
2    Sec. 19-140. On-bill financing program; gas utilities.
3    (a) The Illinois General Assembly finds that Illinois homes
4and businesses have the potential to save energy through
5conservation and cost-effective energy efficiency measures.
6Programs created pursuant to this Section will allow utility
7customers to purchase cost-effective energy efficiency
8measures, including measures set forth in a
9Commission-approved energy efficiency and demand-response plan
10under Section 8-103 of this Act that are cost-effective as that
11term is defined by that Section, with no required initial
12upfront payment, and to pay the cost of those products and
13services over time on their utility bill.
14    (b) Notwithstanding any other provision of this Act, a gas
15utility serving more than 100,000 customers on January 1, 2009
16shall offer a Commission-approved on-bill financing program
17("program") that allows its retail customers who own a
18residential single family home, duplex, or other residential
19building with 4 or less units, or condominium at which the gas
20service is being provided (i) to borrow funds from a third
21party lender in order to purchase gas energy efficiency
22measures approved under the program for installation in such
23home or condominium without any required upfront payment and
24(ii) to pay back such funds over time through the gas utility's
25bill. Based upon the process described in subsection (b-5) of

 

 

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1this Section, small commercial retail customers, as that term
2is defined in Section 19-105 of this Act, who own the premises
3at which gas service is being provided may be included in such
4program. After receiving a request from a gas utility for
5approval of a proposed program and tariffs pursuant to this
6Section, the Commission shall render its decision within 120
7days. If no decision is rendered within 120 days, then the
8request shall be deemed to be approved.
9    Notwithstanding the provisions of the preceding paragraph,
10a gas utility serving more than 100,000 customers on or after
11January 1, 2013 shall offer a Commission-approved on-bill
12financing program to owners of multifamily residential or
13mixed-use buildings with 5 or more residential units no later
14than December 31, 2013 under the processes described in
15subsection (c-5) of this Section.
16    (b-5) Within 30 days after the effective date of this
17amendatory Act of the 96th General Assembly, the Commission
18shall convene a workshop process during which interested
19participants may discuss issues related to the program,
20including program design, eligible gas energy efficiency
21measures, vendor qualifications, and a methodology for
22ensuring ongoing compliance with such qualifications,
23financing, sample documents such as request for proposals,
24contracts and agreements, dispute resolution, pre-installment
25and post-installment verification, and evaluation. The
26workshop process shall be completed within 150 days after the

 

 

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1effective date of this amendatory Act of the 96th General
2Assembly.
3    (c) Not later than 60 days following completion of the
4workshop process described in subsection (b-5) of this Section,
5each gas utility subject to subsection (b) of this Section
6shall submit a proposed program to the Commission that contains
7the following components:
8        (1) A list of recommended gas energy efficiency
9    measures that will be eligible for on-bill financing. An
10    eligible gas energy efficiency measure ("measure") shall
11    be a product or service for which one or more of the
12    following is true defined by the following:
13            (A) (blank); The measure would be applied to or
14        replace gas energy-using equipment; and
15            (B) the projected Application of the measure to
16        equipment and systems will have estimated gas savings
17        (determined by rates in effect at the time of
18        purchase), that are sufficient to cover the costs of
19        implementing the measures, including finance charges
20        and any program fees not recovered pursuant to
21        subsection (f) of this Section; and . To assist the gas
22        utility in identifying or approving measures, the
23        utility may consult with the Department of Commerce and
24        Economic Opportunity, as well as with retailers,
25        technicians and installers of gas energy efficiency
26        measures and energy auditors (collectively "vendors").

 

 

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1            (C) the product or service is included in a
2        Commission-approved energy efficiency and
3        demand-response plan under Section 8-104 of this Act
4        and is cost-effective as that term is defined by that
5        Section.
6        (2) The gas utility shall issue a request for proposals
7    ("RFP") to lenders for purposes of providing financing to
8    participants to pay for approved measures. The RFP criteria
9    shall include, but not be limited to, the interest rate,
10    origination fees, and credit terms. The utility shall
11    select the winning bidders based on its evaluation of these
12    criteria, with a preference for those bids containing the
13    rates, fees, and terms most favorable to participants.
14        (3) The utility shall work with the lenders selected
15    pursuant to the RFP process, and with vendors, to establish
16    the terms and processes pursuant to which a participant can
17    purchase eligible gas energy efficiency measures using the
18    financing obtained from the lender. The vendor shall
19    explain and offer the approved financing packaging to those
20    customers identified in subsection (b) of this Section and
21    shall assist customers in applying for financing. As part
22    of such process, vendors shall also provide to participants
23    information about any other incentives that may be
24    available for the measures.
25        (4) The lender shall conduct credit checks or undertake
26    other appropriate measures to limit credit risk, and shall

 

 

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1    review and approve or deny financing applications
2    submitted by customers identified in subsection (b) of this
3    Section. Following the lender's approval of financing and
4    the participant's purchase of the measure or measures, the
5    lender shall forward payment information to the gas
6    utility, and the utility shall add as a separate line item
7    on the participant's utility bill a charge showing the
8    amount due under the program each month.
9        (4.3) The obligation created by a loan issued under the
10    program shall run with the meter. For the purposes of this
11    Section, "run with the meter" means all of the following:
12            (A) any portion of a loan issued under the program
13        that remains outstanding prior to sale or transfer of
14        the applicable real property, survives a change in
15        ownership, tenancy, or meter account responsibility;
16            (B) any portion of a loan issued under the program
17        that remains outstanding, at all times constitutes an
18        obligation of the utility customer of record in respect
19        to the premises served by the measure to repay; and
20            (C) arrears in repayment of a loan issued under the
21        program that are outstanding prior to sale or transfer
22        of the applicable real property remains the
23        responsibility of the incurring customer, unless
24        expressly assumed by the subsequent customer or third
25        party.
26        (4.5) For each loan issued under the program, the

 

 

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1    utility or its agent shall record in the county recorder's
2    office of a county in which the property is located, a
3    notice, with respect to the real property on which the
4    premises served by the measures are located, of the
5    existence of the loan obligation and stating the total
6    amount of the loan obligation, the term of the loan
7    obligation, and that the loan obligation is being repaid
8    through a charge on a gas service provided to the property.
9    The notice shall also state that it is being filed under
10    this Section and, unless fully satisfied prior to sale or
11    transfer of the property, the loan obligation shall survive
12    changes in ownership, tenancy, or meter account
13    responsibility and, until fully satisfied, shall
14    constitute the obligation of the person responsible for the
15    meter account. The notice shall not constitute a mortgage
16    or deed of trust and shall not create any security interest
17    or lien on the property. Upon satisfaction of the loan
18    obligation, the utility or its agent shall promptly record
19    a notice of repayment or a termination of notice. The
20    county recorder shall record the notices in the same book
21    in which the deeds are recorded.
22        (5) A loan issued to a participant pursuant to the
23    program shall be the sole responsibility of the utility
24    customer of record in respect to the premises served by the
25    measure participant, and any dispute that may arise
26    concerning the loan's terms, conditions, or charges shall

 

 

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1    be resolved between the utility customer of record
2    participant and lender. Upon transfer of the property title
3    for the premises at which the participant receives gas
4    service from the utility or the participant's request to
5    terminate service at such premises, the participant shall
6    pay in full its gas utility bill, including all amounts due
7    under the program, provided that this obligation may be
8    modified as provided in subsection (g) of this Section.
9    Amounts due under the program shall be deemed amounts owed
10    for residential and, as appropriate, small commercial gas
11    service.
12        (6) The gas utility shall remit payment in full to the
13    lender each month on behalf of the participant. In the
14    event a participant defaults on payment of its gas utility
15    bill, the gas utility shall continue to remit all payments
16    due under the program to the lender, and the utility shall
17    be entitled to recover all costs related to a participant's
18    nonpayment through the automatic adjustment clause tariff
19    established pursuant to Section 19-145 of this Act. In
20    addition, the gas utility shall retain a security interest
21    in the measure or measures purchased under the program to
22    the extent those measures are not integral to the shell of
23    the building, and the utility retains its right to
24    disconnect a participant that defaults on the payment of
25    its utility bill.
26        (7) The total outstanding amount financed under the

 

 

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1    programs in this subsection and subsection (c-5) of this
2    Section program shall not exceed $2.5 million for a gas
3    utility or gas utilities under a single holding company,
4    provided that the gas utility or gas utilities may petition
5    the Commission for an increase in such amount.
6    (c-5) Within 60 days after the effective date of this
7amendatory Act of the 98th General Assembly, each covered gas
8utility shall submit a proposed program to the Commission that
9fully comports with the provisions of subsection (c) of this
10Section, with the following additional provision: a gas utility
11subject to this Section shall fully coordinate its program with
12any electric utility or utilities that provide electric service
13to buildings within the gas utility's service territory so that
14is practical and feasible for the owner of a multifamily
15building to make a single application to access loans for both
16gas and electric energy efficiency measures in any individual
17building.
18    (d) A program approved by the Commission shall also include
19the following criteria and guidelines for such program:
20        (1) guidelines for financing of measures installed
21    under a program, including, but not limited to, RFP
22    criteria and limits on both individual loan amounts and the
23    duration of the loans;
24        (2) criteria and standards for identifying and
25    approving measures;
26        (3) qualifications of vendors that will market or

 

 

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1    install measures, as well as a methodology for ensuring
2    ongoing compliance with such qualifications;
3        (4) sample contracts and agreements necessary to
4    implement the measures and program; and
5        (5) the types of data and information that utilities
6    and vendors participating in the program shall collect for
7    purposes of preparing the reports required under
8    subsection (g) of this Section.
9    (e) The proposed program submitted by each gas utility
10shall be consistent with the provisions of this Section that
11define operational, financial, and billing arrangements
12between and among program participants, vendors, lenders, and
13the gas utility.
14    (f) A gas utility shall recover all of the prudently
15incurred costs of offering a program approved by the Commission
16pursuant to this Section, including, but not limited to, all
17start-up and administrative costs and the costs for program
18evaluation. All prudently incurred costs under this Section
19shall be recovered from the residential and small commercial
20retail customer classes eligible to participate in the program
21through the automatic adjustment clause tariff established
22pursuant to Section 8-104 of this Act.
23    (g) An independent evaluation of a program shall be
24conducted after 3 years of the program's operation. The gas
25utility shall retain an independent evaluator who shall
26evaluate the effects of the measures installed under the

 

 

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1program and the overall operation of the program, including,
2but not limited to, customer eligibility criteria and whether
3the payment obligation for permanent gas energy efficiency
4measures that will continue to provide benefits of energy
5savings should attach to the meter location. As part of the
6evaluation process, the evaluator shall also solicit feedback
7from participants and interested stakeholders. The evaluator
8shall issue a report to the Commission on its findings no later
9than 4 years after the date on which the program commenced, and
10the Commission shall issue a report to the Governor and General
11Assembly including a summary of the information described in
12this Section as well as its recommendations as to whether the
13program should be discontinued, continued with modification or
14modifications or continued without modification, provided that
15any recommended modifications shall only apply prospectively
16and to measures not yet installed or financed.
17    (h) A gas utility offering a Commission-approved program
18pursuant to this Section shall not be required to comply with
19any other statute, order, rule, or regulation of this State
20that may relate to the offering of such program, provided that
21nothing in this Section is intended to limit the gas utility's
22obligation to comply with this Act and the Commission's orders,
23rules, and regulations, including Part 280 of Title 83 of the
24Illinois Administrative Code.
25    (i) The source of a utility customer's gas supply shall not
26disqualify a customer from participation in the utility's

 

 

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1on-bill financing program. Customers of alternative gas
2suppliers may participate in the program under the same terms
3and conditions applicable to the utility's supply customers.
4(Source: P.A. 96-33, eff. 7-10-09.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".