SB1312 EnrolledLRB099 06843 HAF 26917 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 4-304 as follows:
 
6    (220 ILCS 5/4-304)  (from Ch. 111 2/3, par. 4-304)
7    Sec. 4-304. Beginning in 1986, the Commission shall prepare
8an annual report which shall be filed by January 31 of each
9year with the Joint Committee on Legislative Support Services
10of the General Assembly, the Public Counsel and the Governor
11and which shall be publicly available. Such report shall
12include:
13    (1) A general review of agency activities and changes,
14including:
15        (a) a review of significant decisions and other
16    regulatory actions for the preceding year, and pending
17    cases, and an analysis of the impact of such decisions and
18    actions, and potential impact of any significant pending
19    cases;
20        (b) for each significant decision, regulatory action
21    and pending case, a description of the positions advocated
22    by major parties, including Commission staff, and for each
23    such decision rendered or action taken, the position

 

 

SB1312 Enrolled- 2 -LRB099 06843 HAF 26917 b

1    adopted by the Commission and reason therefor;
2        (c) a description of the Commission's budget,
3    caseload, and staff levels, including specifically:
4            (i) a breakdown by type of case of the cases
5        resolved and filed during the year and of pending
6        cases;
7            (ii) a description of the allocation of the
8        Commission's budget, identifying amounts budgeted for
9        each significant regulatory function or activity and
10        for each department, bureau, section, division or
11        office of the Commission and its employees;
12            (iii) a description of current employee levels,
13        identifying any change occurring during the year in the
14        number of employees, personnel policies and practices
15        or compensation levels; and identifying the number and
16        type of employees assigned to each Commission
17        regulatory function and to each department, bureau,
18        section, division or office of the Commission;
19        (d) a description of any significant changes in
20    Commission policies, programs or practices with respect to
21    agency organization and administration, hearings and
22    procedures or substantive regulatory activity.
23    (2) A discussion and analysis of the state of each utility
24industry regulated by the Commission and significant changes,
25trends and developments therein, including the number and types
26of firms offering each utility service, existing, new and

 

 

SB1312 Enrolled- 3 -LRB099 06843 HAF 26917 b

1prospective technologies, variations in the quality,
2availability and price for utility services in different
3geographic areas of the State, and any other industry factors
4or circumstances which may affect the public interest or the
5regulation of such industries.
6    (3) A specific discussion of the energy planning
7responsibilities and activities of the Commission and energy
8utilities, including:
9        (a) the extent to which conservation, cogeneration,
10    renewable energy technologies and improvements in energy
11    efficiency are being utilized by energy consumers, the
12    extent to which additional potential exists for the
13    economical utilization of such supplies, and a description
14    of existing and proposed programs and policies designed to
15    promote and encourage such utilization;
16        (b) a description of each energy plan filed with the
17    Commission pursuant to the provisions of this Act, and a
18    copy, or detailed summary of the most recent energy plans
19    adopted by the Commission; and
20        (c) a discussion of the powers by which the Commission
21    is implementing the planning responsibilities of Article
22    VIII, including a description of the staff and budget
23    assigned to such function, the procedures by which
24    Commission staff reviews and analyzes energy plans
25    submitted by the utilities, the Department of Natural
26    Resources, and any other person or party; and .

 

 

SB1312 Enrolled- 4 -LRB099 06843 HAF 26917 b

1        (d) a summary of the adoption of solar photovoltaic
2    systems by residential and small business consumers in
3    Illinois and a description of any and all barriers to
4    residential and small business consumers' financing,
5    installation, and valuation of energy produced by solar
6    photovoltaic systems; electric utilities, alternative
7    retail electric suppliers, and installers of distributed
8    generation shall provide all information requested by the
9    Commission or its staff necessary to complete the analysis
10    required by this paragraph (d).
11    (4) A discussion of the extent to which utility services
12are available to all Illinois citizens including:
13        (a) the percentage and number of persons or households
14    requiring each such service who are not receiving such
15    service, and the reasons therefore, including specifically
16    the number of such persons or households who are unable to
17    afford such service;
18        (b) a critical analysis of existing programs designed
19    to promote and preserve the availability and affordability
20    of utility services; and
21        (c) an analysis of the financial impact on utilities
22    and other ratepayers of the inability of some customers or
23    potential customers to afford utility service, including
24    the number of service disconnections and reconnections,
25    and cost thereof and the dollar amount of uncollectible
26    accounts recovered through rates.

 

 

SB1312 Enrolled- 5 -LRB099 06843 HAF 26917 b

1    (5) A detailed description of the means by which the
2Commission is implementing its new statutory responsibilities
3under this Act, and the status of such implementation,
4including specifically:
5        (a) Commission reorganization resulting from the
6    addition of an Executive Director and hearing examiner
7    qualifications and review;
8        (b) Commission responsibilities for construction and
9    rate supervision, including construction cost audits,
10    management audits, excess capacity adjustments, phase-ins
11    of new plant and the means and capability for monitoring
12    and reevaluating existing or future construction projects;
13        (c) promulgation and application of rules concerning
14    ex parte communications, circulation of recommended orders
15    and transcription of closed meetings.
16    (6) A description of all appeals taken from Commission
17orders, findings or decisions and the status and outcome of
18such appeals.
19    (7) A description of the status of all studies and
20investigations required by this Act, including those ordered
21pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all
22such subsequently ordered studies or investigations.
23    (8) A discussion of new or potential developments in
24federal legislation, and federal agency and judicial decisions
25relevant to State regulation of utility services.
26    (9) All recommendations for appropriate legislative action

 

 

SB1312 Enrolled- 6 -LRB099 06843 HAF 26917 b

1by the General Assembly.
2    The Commission may include such other information as it
3deems to be necessary or beneficial in describing or explaining
4its activities or regulatory responsibilities. The report
5required by this Section shall be adopted by a vote of the full
6Commission prior to filing.
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    Section 10. If and only if House Bill 3766 of the 99th
9General Assembly becomes law in the form in which it passed
10both houses on May 26, 2015, then the Public Utilities Act is
11amended by changing Section 16-119 as follows:
 
12    (220 ILCS 5/16-119)
13    Sec. 16-119. Switching suppliers. An electric utility or an
14alternative retail electric supplier may establish a term of
15service, notice period for terminating service and provisions
16governing early termination through a tariff or contract. A
17customer may change its supplier subject to tariff or contract
18terms and conditions. Any notice provisions; or provision for a
19fee, charge or penalty with early termination of a contract;
20shall be conspicuously disclosed in any tariff or contract. Any
21tariff filed or contract renewed or entered into on and after
22the effective date of this amendatory Act of the 99th General
23Assembly that contains an early termination clause shall
24disclose the amount of the early termination fee or penalty,

 

 

SB1312 Enrolled- 7 -LRB099 06843 HAF 26917 b

1provided that any early termination fee or penalty shall not
2exceed $50 total for residential customers and $150 for small
3commercial retail customers as defined in Section 16-102 of
4this Act, regardless of whether or not the tariff or contract
5is a multiyear tariff or contract. A customer shall remain
6responsible for any unpaid charges owed to an electric utility
7or alternative retail electric supplier at the time it switches
8to another provider.
9    The caps on early termination fees and penalties under this
10Section shall apply only to early termination fees and
11penalties for early termination of electric service. The caps
12shall not apply to charges or fees for devices, equipment, or
13other services provided by the utility or alternative retail
14electric supplier.
15(Source: P.A. 90-561, eff. 12-16-97; 09900HB3766enr.)
 
16    Section 99. Effective date. This Section takes effect upon
17becoming law. Section 10 takes effect upon becoming law or on
18the date House Bill 3766 of the 99th General Assembly takes
19effect, whichever is later.