Rep. Brandon W. Phelps

Filed: 5/26/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 105

2    AMENDMENT NO. ______. Amend Senate Bill 105, on page 1,
3line 5, after "16-103.2", by inserting "and by changing Section
416-128A"; and
 
5on page 5, immediately below line 5, by inserting the
6following:
 
7    "(220 ILCS 5/16-128A)
8    Sec. 16-128A. Certification of installers, maintainers, or
9repairers.
10    (a) Within 18 months of the effective date of this
11amendatory Act of the 97th General Assembly, the Commission
12shall adopt rules, including emergency rules, establishing
13certification requirements ensuring that entities installing
14distributed generation facilities are in compliance with the
15requirements of subsection (a) of Section 16-128 of this Act.
16    For purposes of this Section, the phrase "entities

 

 

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1installing distributed generation facilities" shall include,
2but not be limited to, all entities that are exempt from the
3definition of "alternative retail electric supplier" under
4item (v) of Section 16-102 of this Act. For purposes of this
5Section, the phrase "self-installer" means an individual who
6(i) leases or purchases a cogeneration facility for his or her
7own personal use and (ii) installs such cogeneration or
8self-generation facility on his or her own premises without the
9assistance of any other person. For purposes relating to the
10distributed generation facilities, "install" means to complete
11the physical tasks associated with placement of the distributed
12generation facility and its connection to the electric
13utility's distribution system, in accordance with applicable
14building and electrical codes.
15    (b) In addition to any authority granted to the Commission
16under this Act, the Commission is also required authorized to:
17(1) determine which entities are subject to certification under
18this Section; (2) impose reasonable certification fees and
19penalties; (3) adopt disciplinary procedures; (4) investigate
20any and all activities subject to this Section, including
21violations thereof; (5) adopt procedures to issue or renew, or
22to refuse to issue or renew, a certification or to revoke,
23suspend, place on probation, reprimand, or otherwise
24discipline a certified entity under this Act or take other
25enforcement action against an entity subject to this Section;
26and (6) prescribe forms to be issued for the administration and

 

 

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1enforcement of this Section; and (7) ensure that persons or
2entities that install distributed generation facilities have
3the requisite knowledge, skills, training, experience, and
4competence to perform functions in a safe and reliable manner
5as required under subsection (a) of Section 16-128 of this Act,
6as demonstrated by, at a minimum, completion or current
7participation and ultimate completion of an electrical
8apprenticeship program that is either registered with the
9United States Department of Labor or that includes no less than
108,000 hours of on-the-job training and related instruction.
11    (c) No electric utility shall provide a retail customer
12with net metering service related to interconnection of that
13customer's distributed generation facility unless the customer
14provides the electric utility with (i) a certification that the
15customer installing the distributed generation facility was a
16self-installer or (ii) evidence that the distributed
17generation facility was installed by an entity certified under
18this Section that is also in good standing with the Commission.
19For purposes of this subsection, a retail customer includes
20that customer's employees, officers, and agents. An electric
21utility shall file a tariff or tariffs with the Commission
22setting forth the documentation, as specified by Commission
23rule, that a retail customer must provide to an electric
24utility. The provisions of this subsection (c) shall apply on
25or after the effective date of the Commission's rules
26prescribed pursuant to subsection (a) of this Section.

 

 

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1    (d) Within 180 days after the effective date of this
2amendatory Act of the 97th General Assembly, the Commission
3shall initiate a rulemaking proceeding to establish
4certification requirements that shall be applicable to persons
5or entities that install, maintain, or repair electric vehicle
6charging stations. The notification and certification
7requirements of this Section shall only be applicable to
8individuals or entities that perform work on or within an
9electric vehicle charging station, including, but not limited
10to, connection of power to an electric vehicle charging
11station.
12    For the purposes of this Section "electric vehicle charging
13station" means any facility or equipment that is used to charge
14a battery or other energy storage device of an electric
15vehicle. For purposes related to electric vehicle charging
16stations, "install", "installing", or "installation" means the
17major activities and actions required to connect, in accordance
18with applicable building and electrical codes, the conductors,
19connectors, and all associated fittings, devices, power
20outlets, or apparatuses mounted at the premises that are
21directly involved in delivering energy from the premises'
22electrical wiring to the electric vehicle charging station. For
23purposes of this Section, "maintain", "maintaining", or
24"maintenance" means the major activities and actions required
25to keep in an appropriate, safe condition and operation the
26conductors, connectors, and all associated fittings, devices,

 

 

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1power outlets, or apparatuses mounted at the premises that are
2directly involved in delivering energy from the premises'
3electrical wiring to the electric vehicle charging station. For
4purposes of this Section, "repair" or "repairing" means the
5major activities and actions required to restore to a safe,
6sound condition and operation the conductors, connectors, and
7all associated fittings, devices, power outlets, or
8apparatuses mounted at the premises that are directly involved
9in delivering energy from the premises' electrical wiring to
10the electric vehicle charging station.
11    Rules regulating the installation, maintenance, or repair
12of electric vehicle charging stations, in which the Commission
13may establish separate requirements based upon the
14characteristics of electric vehicle charging stations, so long
15as it is in accordance with the requirements of subsection (a)
16of Section 16-128 and Section 16-128A of this Act, shall:
17        (1) establish a certification process for persons or
18    entities that install, maintain, or repair of electric
19    vehicle charging stations;
20        (2) require persons or entities that install,
21    maintain, or repair electric vehicle stations to be
22    certified to do business and to be bonded in the State;
23        (3) ensure that persons or entities that install,
24    maintain, or repair electric vehicle charging stations
25    have the requisite knowledge, skills, training,
26    experience, and competence to perform functions in a safe

 

 

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1    and reliable manner as required under subsection (a) of
2    Section 16-128 of this Act, as demonstrated by, at a
3    minimum, completion or current participation and ultimate
4    completion of an electrical apprenticeship program that is
5    either registered with the United States Department of
6    Labor or that includes no less than 8,000 hours of
7    on-the-job training and related instruction;
8        (4) impose reasonable certification fees and penalties
9    on persons or entities that install, maintain, or repair of
10    electric vehicle charging stations for noncompliance of
11    the rules adopted under this subsection;
12        (5) ensure that all persons or entities that install,
13    maintain, or repair electric vehicle charging stations
14    conform to applicable building and electrical codes;
15        (6) ensure that all electric vehicle charging stations
16    meet recognized industry standards as the Commission deems
17    appropriate, such as the National Electric Code (NEC) and
18    standards developed or created by the Institute of
19    Electrical and Electronics Engineers (IEEE), the Electric
20    Power Research Institute (EPRI), the Detroit Edison
21    Institute (DTE), the Underwriters Laboratory (UL), the
22    Society of Automotive Engineers (SAE), and the National
23    Institute of Standards and Technology (NIST);
24        (7) include any additional requirements that the
25    Commission deems reasonable to ensure that persons or
26    entities that install, maintain, or repair electric

 

 

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1    vehicle charging stations meet adequate training,
2    financial, and competency requirements;
3        (8) ensure that the obligations required under this
4    Section and subsection (a) of Section 16-128 of this Act
5    are met prior to the interconnection of any electric
6    vehicle charging station;
7        (9) ensure electric vehicle charging stations
8    installed by a self-installer are not used for any
9    commercial purpose;
10        (10) establish an inspection procedure for the
11    conversion of electric vehicle charging stations installed
12    by a self-installer if it is determined that the
13    self-installed electric vehicle charging station is being
14    used for commercial purposes;
15        (11) establish the requirement that all persons or
16    entities that install electric vehicle charging stations
17    shall notify the servicing electric utility in writing of
18    plans to install an electric vehicle charging station and
19    shall notify the servicing electric utility in writing when
20    installation is complete;
21        (12) ensure that all persons or entities that install,
22    maintain, or repair electric vehicle charging stations
23    obtain certificates of insurance in sufficient amounts and
24    coverages that the Commission so determines and, if
25    necessary as determined by the Commission, names the
26    affected public utility as an additional insured; and

 

 

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1        (13) identify and determine the training or other
2    programs by which persons or entities may obtain the
3    requisite training, skills, or experience necessary to
4    achieve and maintain compliance with the requirements set
5    forth in this subsection and subsection (a) of Section
6    16-128 to install, maintain, or repair electric vehicle
7    charging stations.
8    Within 18 months after the effective date of this
9amendatory Act of the 97th General Assembly, the Commission
10shall adopt rules, and may, if it deems necessary, adopt
11emergency rules, for the installation, maintenance, or repair
12of electric vehicle charging stations.
13    All retail customers who own, maintain, or repair an
14electric vehicle charging station shall provide the servicing
15electric utility (i) a certification that the customer
16installing the electric vehicle charging station was a
17self-installer or (ii) evidence that the electric vehicle
18charging station was installed by an entity certified under
19this subsection (d) that is also in good standing with the
20Commission. For purposes of this subsection (d), a retail
21customer includes that retail customer's employees, officers,
22and agents. If the electric vehicle charging station was not
23installed by a self-installer, then the person or entity that
24plans to install the electric vehicle charging station shall
25provide notice to the servicing electric utility prior to
26installation and when installation is complete and provide any

 

 

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1other information required by the Commission's rules
2established under subsection (d) of this Section. An electric
3utility shall file a tariff or tariffs with the Commission
4setting forth the documentation, as specified by Commission
5rule, that a retail customer who owns, uses, operates, or
6maintains an electric vehicle charging station must provide to
7an electric utility.
8    For the purposes of this subsection, an electric vehicle
9charging station shall constitute a distribution facility or
10equipment as that term is used in subsection (a) of Section
1116-128 of this Act. The phrase "self-installer" means an
12individual who (i) leases or purchases an electric vehicle
13charging station for his or her own personal use and (ii)
14installs an electric vehicle charging station on his or her own
15premises without the assistance of any other person.
16    (e) Fees and penalties collected under this Section shall
17be deposited into the Public Utility Fund and used to fund the
18Commission's compliance with the obligations imposed by this
19Section.
20    (f) The rules established under subsection (d) of this
21Section shall specify the initial dates for compliance with the
22rules.
23    (g) The certification of persons or entities that install,
24maintain, or repair distributed generation facilities and
25electric vehicle charging stations as set forth in this Section
26is an exclusive power and function of the State. A home rule

 

 

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1unit or other units of local government authority may subject
2persons or entities that install, maintain, or repair
3distributed generation facilities or electric vehicle charging
4stations as set forth in this Section to any applicable local
5licensing, siting, and permitting requirements otherwise
6permitted under law so long as only Commission-certified
7persons or entities are authorized to install, maintain, or
8repair distributed generation facilities or electric vehicle
9charging stations. This Section is a limitation under
10subsection (h) of Section 6 of Article VII of the Illinois
11Constitution on the exercise by home rule units of powers and
12functions exclusively exercised by the State.
13(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
 
14    Section 99. Effective date. This Section and the changes to
15Section 16-128A of the Public Utilities Act take effect upon
16becoming law.".