Sen. Jacqueline Y. Collins

Filed: 3/15/2013

 

 


 

 


 
09800SB2350sam001LRB098 10156 CEL 42472 a

1
AMENDMENT TO SENATE BILL 2350

2    AMENDMENT NO. ______. Amend Senate Bill 2350 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
4mastermetered residential or mixed-use mastermetered buildings
5with 5 or more residential units no later than December 31,
62013 under the processes described in subsection (c-5) of this
7Section.
8    If a landlord increases the rent because of on-bill
9financing, then the tenant must be given 30 days notice prior
10to the increase and the cause for the increase in rent.
11    (b-5) Within 30 days after the effective date of this
12amendatory Act of the 96th General Assembly, the Commission
13shall convene a workshop process during which interested
14participants may discuss issues related to the program,
15including program design, eligible electric energy efficiency
16measures, vendor qualifications, and a methodology for
17ensuring ongoing compliance with such qualifications,
18financing, sample documents such as request for proposals,
19contracts and agreements, dispute resolution, pre-installment
20and post-installment verification, and evaluation. The
21workshop process shall be completed within 150 days after the
22effective date of this amendatory Act of the 96th General
23Assembly.
24    (c) Not later than 60 days following completion of the
25workshop process described in subsection (b-5) of this Section,
26each electric utility subject to subsection (b) of this Section

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the payment obligation for permanent electric energy
2efficiency measures that will continue to provide benefits of
3energy savings should attach to the meter location. As part of
4the evaluation process, the evaluator shall also solicit
5feedback from participants and interested stakeholders. The
6evaluator shall issue a report to the Commission on its
7findings no later than 4 years after the date on which the
8program commenced, and the Commission shall issue a report to
9the Governor and General Assembly including a summary of the
10information described in this Section as well as its
11recommendations as to whether the program should be
12discontinued, continued with modification or modifications or
13continued without modification, provided that any recommended
14modifications shall only apply prospectively and to measures
15not yet installed or financed.
16    (h) An electric utility offering a Commission-approved
17program pursuant to this Section shall not be required to
18comply with any other statute, order, rule, or regulation of
19this State that may relate to the offering of such program,
20provided that nothing in this Section is intended to limit the
21electric utility's obligation to comply with this Act and the
22Commission's orders, rules, and regulations, including Part
23280 of Title 83 of the Illinois Administrative Code.
24    (i) The source of a utility customer's electric supply
25shall not disqualify a customer from participation in the
26utility's on-bill financing program. Customers of alternative

 

 

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1retail electric suppliers may participate in the program under
2the same terms and conditions applicable to the utility's
3supply customers.
4(Source: P.A. 96-33, eff. 7-10-09; 97-616, eff. 10-26-11.)
 
5    (220 ILCS 5/19-140)
6    Sec. 19-140. On-bill financing program; gas utilities.
7    (a) The Illinois General Assembly finds that Illinois homes
8and businesses have the potential to save energy through
9conservation and cost-effective energy efficiency measures.
10Programs created pursuant to this Section will allow utility
11customers to purchase cost-effective energy efficiency
12measures, including measures set forth in a
13Commission-approved energy efficiency and demand-response plan
14under Section 8-103 of this Act that are cost-effective as that
15term is defined by that Section, with no required initial
16upfront payment, and to pay the cost of those products and
17services over time on their utility bill.
18    (b) Notwithstanding any other provision of this Act, a gas
19utility serving more than 100,000 customers on January 1, 2009
20shall offer a Commission-approved on-bill financing program
21("program") that allows its retail customers who own a
22residential single family home, duplex, or other residential
23building with 4 or less units, or condominium at which the gas
24service is being provided (i) to borrow funds from a third
25party lender in order to purchase gas energy efficiency

 

 

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1measures approved under the program for installation in such
2home or condominium without any required upfront payment and
3(ii) to pay back such funds over time through the gas utility's
4bill. Based upon the process described in subsection (b-5) of
5this Section, small commercial retail customers, as that term
6is defined in Section 19-105 of this Act, who own the premises
7at which gas service is being provided may be included in such
8program. After receiving a request from a gas utility for
9approval of a proposed program and tariffs pursuant to this
10Section, the Commission shall render its decision within 120
11days. If no decision is rendered within 120 days, then the
12request shall be deemed to be approved.
13    Notwithstanding the provisions of the preceding paragraph,
14a gas utility serving more than 100,000 customers on or after
15January 1, 2013 shall offer a Commission-approved on-bill
16financing program to owners of multifamily residential or
17mixed-use buildings with 5 or more residential units no later
18than December 31, 2013 under the processes described in
19subsection (c-5) of this Section.
20    (b-5) Within 30 days after the effective date of this
21amendatory Act of the 96th General Assembly, the Commission
22shall convene a workshop process during which interested
23participants may discuss issues related to the program,
24including program design, eligible gas energy efficiency
25measures, vendor qualifications, and a methodology for
26ensuring ongoing compliance with such qualifications,

 

 

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1financing, sample documents such as request for proposals,
2contracts and agreements, dispute resolution, pre-installment
3and post-installment verification, and evaluation. The
4workshop process shall be completed within 150 days after the
5effective date of this amendatory Act of the 96th General
6Assembly.
7    (c) Not later than 60 days following completion of the
8workshop process described in subsection (b-5) of this Section,
9each gas utility subject to subsection (b) of this Section
10shall submit a proposed program to the Commission that contains
11the following components:
12        (1) A list of recommended gas energy efficiency
13    measures that will be eligible for on-bill financing. An
14    eligible gas energy efficiency measure ("measure") shall
15    be a product or service for which one or more of the
16    following is true defined by the following:
17            (A) (blank); The measure would be applied to or
18        replace gas energy-using equipment; and
19            (B) the projected Application of the measure to
20        equipment and systems will have estimated gas savings
21        (determined by rates in effect at the time of
22        purchase), that are sufficient to cover the costs of
23        implementing the measures, including finance charges
24        and any program fees not recovered pursuant to
25        subsection (f) of this Section; and . To assist the gas
26        utility in identifying or approving measures, the

 

 

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

 

 

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

 

 

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1        responsibility of the incurring customer, unless
2        expressly assumed by the subsequent customer or third
3        party.
4        (4.5) For each loan issued under the program, the
5    utility or its agent shall record in the county recorder's
6    office of a county in which the property is located, a
7    notice, with respect to the real property on which the
8    premises served by the measures are located, of the
9    existence of the loan obligation and stating the total
10    amount of the loan obligation, the term of the loan
11    obligation, and that the loan obligation is being repaid
12    through a charge on a gas service provided to the property.
13    The notice shall also state that it is being filed under
14    this Section and, unless fully satisfied prior to sale or
15    transfer of the property, the loan obligation shall survive
16    changes in ownership, tenancy, or meter account
17    responsibility and, until fully satisfied, shall
18    constitute the obligation of the person responsible for the
19    meter account. The notice shall not constitute a mortgage
20    or deed of trust and shall not create any security interest
21    or lien on the property. Upon satisfaction of the loan
22    obligation, the utility or its agent shall promptly record
23    a notice of repayment or a termination of notice. The
24    county recorder shall record the notices in the same book
25    in which the deeds are recorded.
26        (5) A loan issued to a participant pursuant to the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1rules, and regulations, including Part 280 of Title 83 of the
2Illinois Administrative Code.
3    (i) The source of a utility customer's gas supply shall not
4disqualify a customer from participation in the utility's
5on-bill financing program. Customers of alternative gas
6suppliers may participate in the program under the same terms
7and conditions applicable to the utility's supply customers.
8(Source: P.A. 96-33, eff. 7-10-09.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".