Rep. Robert Rita

Filed: 11/30/2016

 

 


 

 


 
09900SB2814ham004LRB099 19990 JWD 51891 a

1
AMENDMENT TO SENATE BILL 2814

2    AMENDMENT NO. ______. Amend Senate Bill 2814, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
43 as follows:
 
5on page 2, line 23, after the semicolon, by inserting "and";
6and
 
7on page 3, line 3, by replacing "; and" with "."; and
 
8on page 3, by deleting lines 4 through 11; and
 
9on page 3, by replacing lines 12 through 26 with the following:
10    "(b) The General Assembly finds that low-income customers
11should be included within the State's efforts to expand the use
12of distributed generation technologies and devices."; and
 
13on page 4, by deleting lines 1 and 2; and
 

 

 

09900SB2814ham004- 2 -LRB099 19990 JWD 51891 a

1on page 18, line 22, after "16-115D" by inserting ", subsection
2(g) of Section 16-128A, and subsection (a) of Section 16-128B";
3and
 
4on page 22, by replacing lines 23 through 25 with the
5following:
6    "(B) Conduct the competitive procurement processes
7identified in this Act to procure the supply resources
8identified in the procurement plan."; and
 
9on page 27, line 22, after "Section", by inserting "that owns
10or operates electric distribution facilities"; and
 
11on page 29, line 26, after "Section", by inserting "that owns
12or operates electric distribution facilities"; and
 
13on page 37, lines 9 and 10, by deleting "the planning process
14for"; and
 
15on page 45, by replacing line 25 with "solar projects that are
16procured under procurement processes authorized by the
17long-term"; and
 
18on page 46, by replacing lines 8 and 9 with "Renewable Energy
19Resources Fund. Each contract that provides for the

 

 

09900SB2814ham004- 3 -LRB099 19990 JWD 51891 a

1installation of solar facilities shall provide that the solar
2facilities will produce energy"; and
 
3on page 46, line 13, after "Fund", by inserting "and not
4otherwise committed to contracts executed under subsection (i)
5of this Section"; and
 
6on page 48, line 6, before the period, by inserting ", and
7shall endeavor to coordinate with the job training programs
8described in paragraph (1) of subsection (a) of Section
916-108.12 of the Public Utilities Act"; and
 
10on page 50, line 3, by replacing "use" with "uses"; and
 
11on page 52, line 23, by replacing "than they would otherwise
12be" with "than the prices from programs offered under
13subsection (c) of Section 1-75 of this Act"; and
 
14on page 55, line 12, after "participants", by inserting "and
15organizations"; and
 
16on page 55, line 19, after the semicolon, by inserting "the
17number of jobs or job opportunities created;"; and
 
18on page 56, by deleting lines 13 through 16; and
 

 

 

09900SB2814ham004- 4 -LRB099 19990 JWD 51891 a

1on page 56, line 18, by replacing "program" with "long-term
2renewable resources procurement plan"; and
 
3on page 60, line 17, after the period, by inserting "Fees
4collected from bidders shall be deposited into the Renewable
5Energy Resources Fund."; and
 
6on page 73, line 5, by deleting "the planning process for"; and
 
7on page 73, line 8, after "(a)", by inserting ", except as
8provided in subsection (q) of Section 16-111.5 of the Public
9Utilities Act,"; and
 
10on page 82, line 21, before the period, by inserting "and that
11the project was installed by qualified persons in compliance
12with the requirements of Section 16-128A of the Public
13Utilities Act and any rules or regulations adopted thereunder";
14and
 
15on page 83, line 3, before the period, by inserting "and that
16the project was installed by qualified persons in compliance
17with the requirements of Section 16-128A of the Public
18Utilities Act and any rules or regulations adopted thereunder";
19and
 
20on page 83, by replacing lines 8 through 11 with the following:

 

 

09900SB2814ham004- 5 -LRB099 19990 JWD 51891 a

1                "For purposes of this Section, "prevailing
2            wage" means the hourly cash wages plus fringe
3            benefits for training and apprenticeship programs
4            approved by the U.S. Department of Labor, Bureau of
5            Apprenticeship and Training, health and welfare,
6            insurance, vacations and pensions paid generally,
7            in the locality in which the work is being
8            performed, to employees engaged in work of a
9            similar character on public works."; and
 
10on page 87, lines 8 and 23, by replacing "The" each time it
11appears with "Notwithstanding whether a long-term renewable
12resources procurement plan has been approved, the"; and
 
13on page 95, by replacing lines 8 through 19 with "located in
14this State. If the resources are not available in Illinois, the
15Agency shall further qualify renewable energy credits from
16facilities located in (i) any adjacent state, or (ii) if they
17are generated from facilities located in another state from
18which facilities transmission is contracted for with a direct
19current electric transmission facility that has a direct
20current to alternative current conversion facility located in
21Illinois, if the generator demonstrates and the Agency
22determines that the facility's location in an adjacent state or
23the facility's transmission contracts permit it to efficiently
24deliver electricity to Illinois residents and to promote the

 

 

09900SB2814ham004- 6 -LRB099 19990 JWD 51891 a

1State's interest in the health, safety, and welfare of its
2residents based on the public interest criteria described
3above. To ensure that the public interest criteria are applied
4to the procurement and given full effect, the Agency's
5long-term procurement plan shall describe in detail how each
6public interest factor shall be considered and weighted for
7facilities located in states adjacent to Illinois or from
8facilities located in other states."; and
 
9on page 96, line 22, by deleting "either"; and
 
10on page 96, lines 22 and 23, by deleting "or Section 16-108.9
11of the Public Utilities Act"; and
 
12on page 97, line 12, by replacing "declining block" with
13"Adjustable Block"; and
 
14on page 103, line 12, by replacing "including" with "to ensure
15robust participation opportunities for"; and
 
16on page 105, line 10, before the period, by inserting ";
17provided that for the delivery years beginning June 1, 2017,
18June 1, 2021, and June 1, 2025, the long-term renewable
19resources procurement plan shall allocate 10% of the funds
20available under the plan for the applicable delivery year, or
21$20,000,000 per delivery year, whichever is greater, and

 

 

09900SB2814ham004- 7 -LRB099 19990 JWD 51891 a

1$10,000,000 of such funds in such year shall be used by an
2electric utility that serves more than 3,000,000 retail
3customers in the State to implement a Commission-approved plan
4under Section 16-108.12 of the Public Utilities Act"; and
 
5on page 107, line 21, by replacing "(Blank)." with "The owner
6of renewable energy facilities that are located in Illinois and
7that are energized after June 1, 2017, must certify that not
8less than the prevailing wage was or will be paid to employees
9who are engaged in construction activities associated with the
10project before the renewable energy facility may participate in
11a procurement event under this subsection (c)."; and
 
12on page 133, line 26, before the period, by inserting "ending
13May 31, 2027"; and
 
14on page 148, lines 13 and 14, by replacing "rolling 4-year
15period" with "delivery year"; and
 
16on page 148, line 14, after "volume" by inserting "receiving
17payments in such year"; and
 
18on page 148, by replacing lines 16 and 17 with "net increase
19that delivery year to the costs of those credits included in";
20and
 

 

 

09900SB2814ham004- 8 -LRB099 19990 JWD 51891 a

1on page 149, line 1, by replacing "procured" with "paid"; and
 
2on page 148, line 6, after the period, by inserting "Unpaid
3contractual volume for any delivery year shall be paid in any
4subsequent delivery year in which such payments can be made
5without exceeding the amount specified in this paragraph (2).";
6and
 
7on page 149, line 9, by replacing "procured" with "be paid";
8and
 
9on page 151, lines 21 and 22, by replacing "of Section 16-108
10of the Public Utilities Act." with "and (m) of Section 16-108
11of the Public Utilities Act, and the contracts executed under
12this subsection (d-5) shall provide that the utilities' payment
13obligations under such contracts shall be reduced if an
14adjustment is required under subsection (m) of Section 16-108
15of the Public Utilities Act."; and
 
16on page 156, line 1, before "subsections", by inserting
17"Section 1-56,"; and
 
18on page 162, line 14, after "Sections" by inserting "5-117,";
19and
 
20on page 162, line 16, by replacing "and 16-127" with "16-127,

 

 

09900SB2814ham004- 9 -LRB099 19990 JWD 51891 a

1and 16-128A"; and
 
2on page 162, line 17, by deleting "16-108.9"; and
 
3on page 162, line 17, by replacing "and 16-108.12" with
4"16-108.12, 16-108.15, and 16-108.16"; and
 
5on page 162, immediately below line 18, by inserting the
6following:
 
7    "(220 ILCS 5/5-117)
8    Sec. 5-117. Supplier diversity goals.
9    (a) The public policy of this State is to collaboratively
10work with companies that serve Illinois residents to improve
11their supplier diversity in a non-antagonistic manner.
12    (b) The Commission shall require all gas, electric, and
13water companies with at least 100,000 customers under its
14authority, as well as suppliers of wind energy, solar energy,
15hydroelectricity, nuclear energy, and any other supplier of
16energy within this State, to submit an annual report by April
1715, 2015 and every April 15 thereafter, in a searchable Adobe
18PDF format, on all procurement goals and actual spending for
19female-owned, minority-owned, veteran-owned, and small
20business enterprises in the previous calendar year. These goals
21shall be expressed as a percentage of the total work performed
22by the entity submitting the report, and the actual spending

 

 

09900SB2814ham004- 10 -LRB099 19990 JWD 51891 a

1for all female-owned, minority-owned, veteran-owned, and small
2business enterprises shall also be expressed as a percentage of
3the total work performed by the entity submitting the report.
4    (c) Each participating company in its annual report shall
5include the following information:
6        (1) an explanation of the plan for the next year to
7    increase participation;
8        (2) an explanation of the plan to increase the goals;
9        (3) the areas of procurement each company shall be
10    actively seeking more participation in in the next year;
11        (4) an outline of the plan to alert and encourage
12    potential vendors in that area to seek business from the
13    company;
14        (5) an explanation of the challenges faced in finding
15    quality vendors and offer any suggestions for what the
16    Commission could do to be helpful to identify those
17    vendors;
18        (6) a list of the certifications the company
19    recognizes;
20        (7) the point of contact for any potential vendor who
21    wishes to do business with the company and explain the
22    process for a vendor to enroll with the company as a
23    minority-owned, women-owned, or veteran-owned company; and
24        (8) any particular success stories to encourage other
25    companies to emulate best practices.
26    (d) Each annual report shall include as much State-specific

 

 

09900SB2814ham004- 11 -LRB099 19990 JWD 51891 a

1data as possible. If the submitting entity does not submit
2State-specific data, then the company shall include any
3national data it does have and explain why it could not submit
4State-specific data and how it intends to do so in future
5reports, if possible.
6    (e) Each annual report shall include the rules,
7regulations, and definitions used for the procurement goals in
8the company's annual report.
9    (f) The Commission and all participating entities shall
10hold an annual workshop open to the public in 2015 and every
11year thereafter on the state of supplier diversity to
12collaboratively seek solutions to structural impediments to
13achieving stated goals, including testimony from each
14participating entity as well as subject matter experts and
15advocates. The Commission shall publish a database on its
16website of the point of contact for each participating entity
17for supplier diversity, along with a list of certifications
18each company recognizes from the information submitted in each
19annual report. The Commission shall publish each annual report
20on its website and shall maintain each annual report for at
21least 5 years.
22(Source: P.A. 98-1056, eff. 8-26-14.)"; and
 
23on page 178, lines 24 and 25, by deleting "and energy
24efficiency measures implemented under subsection (l) of this
25Section"; and
 

 

 

09900SB2814ham004- 12 -LRB099 19990 JWD 51891 a

1on page 179, by replacing lines 5 through 10 with "Agency
2Act."; and
 
3on page 179, by replacing lines 17 and 18 with "cumulative
4persisting annual savings of 6.6% from energy efficiency
5measures and"; and
 
6on page 179, line 23, by replacing "The" with "For the purposes
7of this subsection (b) and subsection (b-5), the"; and
 
8on page 179, by replacing lines 24 through 26 with "and energy
9sales shall be reduced by the number of MWhs equal to the sum
10of the annual consumption of customers that are exempt from
11subsections (a) through (j) of this Section under subsection
12(l) of this Section, as averaged across the calendar years
132014, 2015, and 2016. After 2017, the deemed value of
14cumulative"; and
 
15on page 180, line 7, by deleting ", or 5,071,018 MWhs,"; and
 
16on page 180, line 10, by deleting ", or 4,553,371 MWhs,"; and
 
17on page 180, line 13, by deleting ", or 3,998,012 MWhs,"; and
 
18on page 180, line 16, by deleting ", or 3,533,219 MWhs,"; and
 

 

 

09900SB2814ham004- 13 -LRB099 19990 JWD 51891 a

1on page 180, line 19, by deleting ", or 3,108,290 MWhs,"; and
 
2on page 180, line 22, by deleting ", or 2,738,689 MWhs,"; and
 
3on page 180, line 25, by deleting ", or 2,463,055 MWhs,"; and
 
4on page 181, line 2, by deleting ", or 2,221,716 MWhs,"; and
 
5on page 181, line 5, by deleting ", or 2,017,109 MWhs,"; and
 
6on page 181, line 8, by deleting ", or 1,822,754 MWhs,"; and
 
7on page 181, line 11, by deleting ", or 1,624,769 MWhs,"; and
 
8on page 181, line 14, by deleting ", or 1,460,039 MWhs,"; and
 
9on page 181, line 17, by deleting ", or 1,181,647 MWhs,"; and
 
10on page 182, line 7, by replacing "all Self-Direct Customers
11that elect such status" with "customers that are exempt from
12subsections (a) through (j) of this Section"; and
 
13on page 183, line 16, by deleting ", or 2,435,400 MWhs,"; and
 
14on page 183, line 21, by replacing "The" with "For the purposes

 

 

09900SB2814ham004- 14 -LRB099 19990 JWD 51891 a

1of this subsection (b-10) and subsection (b-15), the"; and
 
2on page 183, by replacing lines 22 through 24 with "and energy
3sales shall be reduced by the number of MWhs equal to the sum
4of the annual consumption of customers that are exempt from
5subsections (a) through (j) of this Section under subsection
6(l) of this Section, as averaged across the calendar years
72014, 2015, and 2016. After 2017, the deemed value of
8cumulative"; and
 
9on page 184, line 5, by deleting ", or 2,140,200 MWhs,"; and
 
10on page 184, line 8, by deleting ", or 1,918,800 MWhs,"; and
 
11on page 184, line 11, by deleting ", or 1,660,500 MWhs,"; and
 
12on page 184, line 14, by deleting ", or 1,476,000 MWhs,"; and
 
13on page 184, line 17, by deleting ", or 1,291,500 MWhs,"; and
 
14on page 184, line 20, by deleting ", or 1,143,900 MWhs,"; and
 
15on page 184, line 23, by deleting ", or 1,033,200 MWhs,"; and
 
16on page 184, line 26, by deleting ", or 922,500 MWhs,"; and
 

 

 

09900SB2814ham004- 15 -LRB099 19990 JWD 51891 a

1on page 185, line 3, by deleting ", or 848,700 MWhs,"; and
 
2on page 185, line 6, by deleting ", or 774,900 MWhs,"; and
 
3on page 185, line 9, by deleting ", or 664,200 MWhs,"; and
 
4on page 185, line 12, by deleting ", or 627,300 MWhs,"; and
 
5on page 185, line 15, by deleting ", or 553,500 MWhs,"; and
 
6on page 185, line 25, by replacing "all Self-Direct Customers
7that elect such status" with "customers that are exempt from
8subsections (a) through (j) of this Section"; and
 
9on page 206, line 10, after the comma, by inserting "for a
10utility that serves less than 3,000,000 retail customers, if";
11and
 
12on page 206, line 19, by replacing "In no event shall" with
13"Except as provided in subsection (m) of this Section,"; and
 
14on page 206, line 21, after "period" by inserting "shall not";
15and
 
16on page 207, line 19, by replacing "In no event shall" with
17"Except as provided in subsection (m) of this Section,"; and
 

 

 

09900SB2814ham004- 16 -LRB099 19990 JWD 51891 a

1on page 207, line 21, after "period" by inserting "shall not";
2and
 
3on page 208, line 20, by replacing "In no event shall" with
4"Except as provided in subsection (m) of this Section,"; and
 
5on page 208, line 22, after "period" by inserting "shall not";
6and
 
7by deleting line 12 on page 215 through line 9 on page 216; and
 
8on page 218, immediately below line 8, by inserting the
9following:
10        "(7.5) For purposes of this Section, the term
11    "applicable annual incremental goal" means the difference
12    between the cumulative persisting annual savings goal for
13    the calendar year that is the subject of the independent
14    evaluator's determination and the cumulative persisting
15    annual savings goal for the immediately preceding calendar
16    year, as such goals are defined in subsections (b-5) and
17    (b-15) of this Section and as these goals may have been
18    modified as provided for under subsection (b-20) and
19    paragraphs (1) through (3) of subsection (f) of this
20    Section. Under subsections (b), (b-5), (b-10), and (b-15)
21    of this Section, a utility must first replace energy

 

 

09900SB2814ham004- 17 -LRB099 19990 JWD 51891 a

1    savings from measures that have reached the end of their
2    measure lives and would otherwise have to be replaced to
3    meet the applicable savings goals identified in subsection
4    (b-5) or (b-15) of this Section before any progress towards
5    achievement of its applicable annual incremental goal may
6    be counted. Notwithstanding anything else set forth in this
7    Section, the difference between the actual annual
8    incremental savings achieved in any given year, including
9    the replacement of energy savings from measures that have
10    expired, and the applicable annual incremental goal shall
11    not affect adjustments to the return on equity for
12    subsequent calendar years under this subsection (g)."; and
 
13on page 220, by replacing lines 6 and 7 with "goal shall use
14the unreduced applicable annual"; and
 
15by replacing line 21 on page 220 through line 3 on page 221
16with the following:
17                "(iii) For the period of January 1, 2026
18            through December 31, 2030, the calculation for
19            determining achievement that is less than 134% but
20            more than 100% of the applicable annual
21            incremental goal shall use the reduced applicable
22            annual incremental goal to set the value for 100%
23            achievement of the goal and shall use the unreduced
24            goal to set the value for 125% achievement. The 6

 

 

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1            basis point value shall also be modified, as
2            necessary, so that the 200 basis points are evenly
3            apportioned among each percentage point value
4            between 100% and 134% achievement."; and
 
5by deleting line 18 on page 222 through line 7 on page 223; and
 
6by replacing line 20 on page 225 through line 4 on page 234
7with the following:
8    "(l) For the calendar years covered by a multi-year plan
9commencing after December 31, 2017, subsections (a) through (j)
10of this Section do not apply to any retail customers of an
11electric utility that serves more than 3,000,000 retail
12customers in the State and whose total highest 30 minute demand
13was more than 10,000 kilowatts, or any retail customers of an
14electric utility that serves less than 3,000,000 retail
15customers but more than 500,000 retail customers in the State
16and whose total highest 15 minute demand was more than 10,000
17kilowatts. For purposes of this subsection (l), "retail
18customer" has the meaning set forth in Section 16-102 of this
19Act. A determination of whether this subsection is applicable
20to a customer shall be made for each multi-year plan beginning
21after December 31, 2017. The criteria for determining whether a
22this subsection (l) is applicable to a retail customer shall be
23based on the 12 consecutive billing periods prior to the start
24of the first year of each such multi-year plan."; and
 

 

 

09900SB2814ham004- 19 -LRB099 19990 JWD 51891 a

1on page 234, line 24, after "amount", by inserting "of"; and
 
2by replacing line 26 on page 234 through line 1 on page 235
3with "utility's load attributable to customers who are exempt
4from subsections (a) through (j) of this Section under
5subsection (l) of this"; and
 
6on page 235, line 2, by replacing "Section." with "For purposes
7of this subsection (m), the amount paid per kilowatthour
8includes, without limitation, estimated amounts paid for
9supply, transmission, distribution, surcharges, and add-on
10taxes."; and
 
11on page 284, by replacing lines 15 and 16 with "2,000 kilowatts
12and is primarily used to offset that customer's electricity
13load;"; and
 
14on page 285, lines 3 and 4 by replacing "does not conflict"
15with "is consistent"; and
 
16on page 286, line 17, by replacing "$500" with "$250"; and
 
17on page 286, line 20, by replacing "(2)After" with "(2) After";
18and
 

 

 

09900SB2814ham004- 20 -LRB099 19990 JWD 51891 a

1on page 287, line 14, by replacing "(B)Non-residential" with
2"(B) Non-residential"; and
 
3on page 287, line 22, by replacing "(3)Upon" with "(3) Upon";
4and
 
5on page 288, line 2, by replacing "(4)To" with "(4) To"; and
 
6on page 288, line 9, by replacing "(d)The" with "(d) The"; and
 
7on page 288, line 17, by replacing "(e)When" with "(e) When";
8and
 
9on page 288, line 25, by deleting "based on best practices";
10and
 
11on page 288, line 26, after "grid", by inserting "based on best
12practices"; and
 
13on page 289, line 18, by replacing "(f)Notwithstanding" with
14"(f) Notwithstanding"; and
 
15on page 290, line 8, by replacing "(g)No later than 180 days"
16with "(g) No later than 60 days"; and
 
17on page 290, line 15, by replacing "180" with "60"; and
 

 

 

09900SB2814ham004- 21 -LRB099 19990 JWD 51891 a

1on page 310, immediately below line 23, by inserting the
2following:
3        "(m)(1) An electric utility that recovers its costs of
4    procuring zero emission credits from zero emission
5    facilities through a cents-per-kilowatthour charge under
6    to subsection (k) of this Section shall be subject to the
7    requirements of this subsection (m). Notwithstanding
8    anything to the contrary, such electric utility shall,
9    beginning on April 30, 2018, and each April 30 thereafter
10    until April 30, 2026, calculate whether any reduction must
11    be applied to such cents-per-kilowatthour charge that is
12    paid by retail customers of the electric utility that are
13    exempt from subsections (a) through (j) of Section 8-103B
14    of this Act under subsection (l) of Section 8-103B. Such
15    charge shall be reduced for such customers for the next
16    delivery year commencing on June 1 based on the amount
17    necessary, if any, to limit the annual estimated average
18    net increase for the prior calendar year due to the future
19    energy investment costs to no more than 1.3% of 5.98 cents
20    per kilowatt-hour, which is the average amount paid per
21    kilowatthour for electric service during the year ending
22    December 31, 2015 by Illinois industrial retail customers,
23    as reported to the Edison Electric Institute.
24        The calculations required by this subsection (m) shall
25    be made only once for each year, and no subsequent rate

 

 

09900SB2814ham004- 22 -LRB099 19990 JWD 51891 a

1    impact determinations shall be made.
2        (2) For purposes of this Section, "future energy
3    investment costs" shall be calculated by subtracting the
4    cents-per-kilowatthour charge identified in subparagraph
5    (A) of this paragraph (2) from the sum of the
6    cents-per-kilowatthour charges identified in subparagraph
7    (B) of this paragraph (2):
8            (A) The cents-per-kilowatthour charge identified
9        in the electric utility's tariff placed into effect
10        under Section 8-103 of the Public Utilities Act that,
11        on December 1, 2016, was applicable to those retail
12        customers that are exempt from subsections (a) through
13        (j) of Section 8-103B of this Act under subsection (l)
14        of Section 8-103B.
15            (B) The sum of the following
16        cents-per-kilowatthour charges applicable to those
17        retail customers that are exempt from subsections (a)
18        through (j) of Section 8-103B of this Act under
19        subsection (l) of Section 8-103B, provided that if one
20        or more of the following charges has been in effect and
21        applied to such customers for more than one calendar
22        year, then each charge shall be equal to the average of
23        the charges applied over a period that commences with
24        the calendar year ending December 31, 2017 and ends
25        with the most recently completed calendar year prior to
26        the calculation required by this subsection (m):

 

 

09900SB2814ham004- 23 -LRB099 19990 JWD 51891 a

1                (i) the cents-per-kilowatthour charge to
2            recover the costs incurred by the utility under
3            subsection (d-5) of Section 1-75 of the Illinois
4            Power Agency Act, adjusted for any reductions
5            required under this subsection (m); and
6                (ii) the cents-per-kilowatthour charge to
7            recover the costs incurred by the utility under
8            Section 16-107.6 of the Public Utilities Act.
9            If no charge was applied for a given calendar year
10        under item (i) or (ii) of this subparagraph (B), then
11        the value of the charge for that year shall be zero.
12        (3) If a reduction is required by the calculation
13    performed under this subsection (m), then the amount of the
14    reduction shall be multiplied by the number of years
15    reflected in the averages calculated under subparagraph
16    (B) of paragraph (2) of this subsection (m). Such reduction
17    shall be applied to the cents-per-kilowatthour charge that
18    is applicable to those retail customers that are exempt
19    from subsections (a) through (j) of Section 8-103B of this
20    Act under subsection (l) of Section 8-103B beginning with
21    the next delivery year commencing after the date of the
22    calculation required by this subsection (m).
23        (4) The electric utility shall file a notice with the
24    Commission on May 1 of 2018 and each May 1 thereafter until
25    May 1, 2026 containing the reduction, if any, which must be
26    applied for the delivery year which begins in the year of

 

 

09900SB2814ham004- 24 -LRB099 19990 JWD 51891 a

1    the filing. The notice shall contain the calculations made
2    pursuant to this section. By October 1 of each year
3    beginning in 2018, each electric utility shall notify the
4    Commission if it appears, based on an estimate of the
5    calculation required in this subsection (m), that a
6    reduction will be required in the next year."; and
 
7by deleting line 24 on page 358 through line 20 on page 380;
8and
 
9on page 383, by replacing lines 18 through 20 with the
10following:
11    "(a) An electric utility that serves more than 3,000,000
12customers in the State shall spend $10,000,000 per year in
132017, 2021, and 2025 to fund the programs described in this
14Section."; and
 
15on page 383, line 22, by deleting "annually over 5 years"; and
 
16on page 384, line 19, by deleting "qualified"; and
 
17on page 384, line 20, by replacing "may" with "shall"; and
 
18on page 384, line 22, by replacing "individuals" with
19"persons"; and
 

 

 

09900SB2814ham004- 25 -LRB099 19990 JWD 51891 a

1on page 384, line 26, after "communities", by inserting "and
2that 2,000 jobs are created for persons who are or were foster
3children and persons with a record"; and
 
4on page 385, line 2, by deleting "annually over 5 years"; and
 
5on page 385, line 4, by replacing "5" with "4"; and
 
6on page 385, line 9, by deleting "annually over 5 years"; and
 
7on page 385, line 10, by replacing "annually" with "in the
8applicable year"; and
 
9on page 385, line 11, by replacing "(E)" with "(F)"; and
 
10on page 385, line 13, by replacing "5" with "4"; and
 
11on page 385, line 14, by replacing "$1,000,000" with
12"$500,000"; and
 
13on page 385, immediately below line 20, by inserting the
14following:
15            "(F) $500,000 to a nonprofit organization that
16        provides family services, housing education, job and
17        career education opportunities that has successfully
18        partnered with the utility on electric industry job

 

 

09900SB2814ham004- 26 -LRB099 19990 JWD 51891 a

1        training."; and
 
2on page 386, line 21, by deleting "qualified"; and
 
3on page 387, line 4, by replacing "(b)Within" with "(b)
4Within"; and
 
5on page 387, by replacing lines 12 through 15 with "which time
6the utility shall file a new plan. The utility shall use the
7funds described in subparagraph (O) of paragraph (1) of
8subsection (c) of Section 1-75 of the Illinois Power Agency Act
9to pay for the Commission approved programs under this
10Section."; and
 
11on page 387, immediately below line 15, by inserting the
12following:
 
13    "(220 ILCS 5/16-108.15 new)
14    Sec. 16-108.15. Rate impacts.
15    (a) Each electric utility that serves more than 500,000
16retail customers in the State shall file with the Commission
17the reports required by this Section, which shall identify the
18actual and projected average monthly increases in residential
19retail customers' electric bills due to future energy
20investment costs for the applicable period or periods.
21    (b) The average monthly increase calculation shall be

 

 

09900SB2814ham004- 27 -LRB099 19990 JWD 51891 a

1comprised of the following components:
2        (1) Beginning with the 2017 calendar year, the average
3    monthly amount paid by residential retail customers,
4    expressed on a cents-per-kilowatthour basis, to recover
5    future energy investment costs, which include the charges
6    to recover the costs incurred by the utility under the
7    following provisions:
8            (A) Sections 8-103, Section 8-103B, and 16-111.5B
9        of this Act, as applicable, and as such costs may be
10        recovered under Sections 8-103, 8-103B, 16-111.5B or
11        Section 16-108.5 of this Act;
12            (B) subsection (d-5) of Section 1-75 of the
13        Illinois Power Agency Act, as such costs may be
14        recovered under subsection (k) of Section 16-108 of
15        this Act; and
16            (C) Section 16-107.6 of this Act.
17        Beginning with the 2018 calendar year, each of the
18    average monthly charges calculated in subparagraphs (A)
19    through (C) of this paragraph (1) shall be equal to the
20    average of each such charge applied over a period that
21    commences with the calendar year ending December 31, 2017
22    and ends with the most recently completed calendar year
23    prior to the calculation or calculations required by this
24    Section.
25        (2) The sum of the following:
26            (A) net energy savings to residential retail

 

 

09900SB2814ham004- 28 -LRB099 19990 JWD 51891 a

1        customers that are attributable to the implementation
2        of voltage optimization measures under Section 8-103B
3        of this Act, expressed on a cents-per-kilowatthour
4        basis, which are estimated energy and capacity
5        benefits for residential retail customers minus the
6        measure costs recovered from those customers, divided
7        by the total number of residential retail customers,
8        which quotient shall be divided by the months in the
9        relevant period; notwithstanding this subparagraph
10        (A), a utility may elect not to include an estimate of
11        net energy savings as described in this subparagraph
12        (A), in which case the value under this subparagraph
13        (A) shall be zero; and
14            (B) for an electric utility that serves more than
15        3,000,000 retail customers in the State, the benefits
16        of the programs described in Section 16-108.10 of this
17        Act, which are $0.00030 per kilowatthour for the 2017,
18        2018, 2019, 2020, and 2021 calendar years.
19            Beginning with the 2018 calendar year, each of the
20        values identified in subparagraphs (A) and (B) of this
21        paragraph (2) shall be equal to the average of each
22        such value during a period that commences with the
23        calendar year ending December 31, 2017 and ends with
24        the most recently completed calendar year prior to the
25        calculation or calculations required by this Section.
26        (3) For an electric utility that serves more than

 

 

09900SB2814ham004- 29 -LRB099 19990 JWD 51891 a

1    3,000,000 retail customers in the State, the residential
2    retail customer energy efficiency charges shall be $2.33
3    per month for the 2017 calendar year, provided that such
4    charge shall be increased by 4% per year thereafter; for an
5    electric utility that serves more than 500,000 but less
6    than 3,000,000 retail customers in the State, the
7    residential retail customer energy efficiency charges
8    shall be $3.94 per month for the 2017 calendar year,
9    provided that such charge shall be increased by 4% per year
10    thereafter. Beginning with the 2018 calendar year, this
11    charge shall be equal to the average of the charges applied
12    over a period that commences with the calendar year ending
13    December 31, 2017 and ends with the most recently completed
14    calendar year prior to the calculation or calculations
15    required by this Section.
16        (c)(1) No later than June 30, 2017, an electric utility
17    subject to this Section shall submit a report to the
18    Commission that sets forth the utility's rolling 10-year
19    projection of the values of each of the components
20    described in paragraphs (1) through (3) of subsection (b)
21    of this Section. No later than February 15, 2018 and every
22    February 15 thereafter until February 15, 2031, each
23    utility shall submit a report to the Commission that
24    identifies the value of the actual charges applied during
25    the immediately preceding calendar year and updates its
26    rolling 10-year projection based on such actual charges.

 

 

09900SB2814ham004- 30 -LRB099 19990 JWD 51891 a

1    Each report submitted under this subsection (c) shall
2    calculate the actual average monthly increase in
3    residential retail customers' electric bills due to future
4    energy investment costs during the immediately preceding
5    calendar year and shall also calculate the projected
6    average monthly increase in residential retail customers'
7    electric bills due to such costs over the rolling 10-year
8    period. Such calculations shall be performed by
9    subtracting the sum of paragraph (2) of subsection (b) of
10    this Section from the sum of paragraph (1) of such
11    subsection (b), multiplying such difference by, as
12    applicable, the actual or forecasted average monthly
13    kilowatthour consumption for the residential retail
14    customer class for the applicable period, and subtracting
15    from such product the applicable value identified under
16    paragraph (3) of such subsection (b).
17        If the actual or projected average monthly increase for
18    residential retail customers of electric utility that
19    serves more than 3 million retail customers in the State
20    exceeds $0.25, or the actual or projected average monthly
21    increase for residential retail customers of an electric
22    utility that serves more than 500,000 but less than 3
23    million retail customers in the State exceeds $0.35, then
24    the applicable utility shall comply with the provisions of
25    paragraphs (2) through (4) of this subsection (c), as
26    applicable.

 

 

09900SB2814ham004- 31 -LRB099 19990 JWD 51891 a

1        (2) If the projected average monthly increase for
2    residential retail customers during a calendar year
3    exceeds the applicable limitation set forth in paragraph
4    (1) of this subsection (c), then the utility shall comply
5    with the following provisions, as applicable:
6            (A) If an exceedance is projected during the first
7        four calendar year of the rolling 10-year projection,
8        then the utility shall include in its report submitted
9        under paragraph (1) of this subsection (c) the
10        utility's proposal or proposals to decrease the future
11        energy investment costs described in paragraph (1) of
12        subsection (b) of this Section to ensure that the
13        limitation set forth in such paragraph (1) is not
14        exceeded. The Commission shall, after notice and
15        hearing, enter an order directing the utility to
16        implement one or more proposals, as such proposals may
17        be modified by the Commission. The Commission shall
18        have the authority under this subparagraph (A) to
19        approve modifications to the contracts executed under
20        subsection (d-5) of Section 1-75 of the Illinois Power
21        Agency Act. If the Commission approves modifications
22        to such contracts, then the supplier shall have the
23        option of accepting the modifications or terminating
24        the modified contract or contracts, subject to the
25        termination requirements and notice provisions set
26        forth in item (i) of subparagraph (B) of paragraph (4)

 

 

09900SB2814ham004- 32 -LRB099 19990 JWD 51891 a

1        of this Section.
2            (B) If an exceedance is projected during any
3        calendar year during the last 6 years of the 10-year
4        projection, then the utility shall demonstrate in its
5        report submitted under paragraph (1) of this
6        subsection (c) how the utility will reduce the future
7        energy investment costs described in paragraph (1) of
8        subsection (b) of this Section to ensure that the
9        limitation set forth in such paragraph (1) is not
10        exceeded.
11        (3) If the actual average monthly increase for
12    residential retail customers during a calendar year
13    exceeded the limitation set forth in paragraph (1) of this
14    subsection (c), then the utility shall prepare and file
15    with the Commission, at the time it submits its report
16    under paragraph (1) of this subsection (c), a corrective
17    action plan that identifies how the utility will
18    immediately reduce expenditures so that the utility will be
19    in compliance with such limitation beginning on January 1
20    of the next calendar year. The Commission shall initiate an
21    investigation to determine the factors that contributed to
22    the actual average monthly increase exceeding such
23    limitation for the applicable calendar year, and shall,
24    after notice and hearing, enter an order approving, or
25    approving with modification, the utility's corrective
26    action plan within 120 days after the utility files such

 

 

09900SB2814ham004- 33 -LRB099 19990 JWD 51891 a

1    plan. The Commission shall also submit a report to the
2    General Assembly no later than 30 days after it enters such
3    order, and the report shall explain the results of the
4    Commission's investigation and findings and conclusions of
5    its order.
6        (4) If the actual average monthly increase for
7    residential retail customers during a calendar year
8    exceeds the limitation set forth in paragraph (1) of this
9    subsection (c) for two consecutive years, then the utility
10    shall indicate in its report filed under paragraph (1) of
11    this subsection (c) whether the utility will proceed with
12    or terminate the future energy investments described and
13    authorized under subsection (d-5) of the Illinois Power
14    Agency Act and Sections 8-103B and 16-107.6 of this Act.
15    The utility shall be subject to the requirements of
16    subparagraph (A) or (B) of this paragraph (4), as
17    applicable.
18            (A) If the utility indicates that it will proceed
19        with the future energy investments, then it shall be
20        subject to the corrective action plan requirements set
21        forth in paragraph (3) of this subsection (c). In
22        addition, the utility must commit to apply a credit to
23        residential retail customers' bills if the actual
24        average monthly increase for such customers exceeds
25        the limitation set forth in paragraph (1) of this
26        subsection (c) for the year in which the utility files

 

 

09900SB2814ham004- 34 -LRB099 19990 JWD 51891 a

1        its corrective action plan, which credit shall be in an
2        amount that equals the portion by which the increase
3        exceeds such limitation. The Commission shall initiate
4        an investigation to determine the factors that
5        contributed to the actual average monthly increase
6        exceeding such limitation for the applicable calendar
7        year, including an analysis of the factors
8        contributing to the limitation being exceeded for two
9        consecutive years, and shall, after notice and
10        hearing, enter an order approving, or approving with
11        modification, the utility's corrective action plan
12        within 120 days after the utility files such plan. The
13        Commission shall also submit a supplemental report to
14        the General Assembly no later than 30 days after it
15        enters such order, and the report shall explain the
16        results of the Commission's investigation and findings
17        and conclusions of its order.
18            (B) If the utility indicates that it will terminate
19        future energy investments, then the Commission shall,
20        notwithstanding anything to the contrary:
21                (i) Order the utility to terminate the
22            contract or contracts executed under subsection
23            (d-5) of Section 1-75 of the Illinois Power Agency
24            Act, pursuant to the contract termination
25            provisions set forth in such subsection (d-5),
26            provided that notice of such termination must be

 

 

09900SB2814ham004- 35 -LRB099 19990 JWD 51891 a

1            made at least 3 years and 75 days prior to the
2            effective date of such termination. In the event
3            that only a portion of the contracts executed under
4            such subsection (d-5) are terminated for a
5            particular zero emission facility, then the zero
6            emission facility may elect to terminate all of the
7            contracts executed for that facility under such
8            subsection (d-5).
9                (ii) Within 30 days after the utility submits
10            its report indicates that it will terminate future
11            energy investments, initiate a proceeding to
12            approve the process for terminating future
13            expenditures under Section 16-107.6 of the Public
14            Utilities Act. The Commission shall, after notice
15            and hearing, enter its order approving such
16            process no later than 120 days after initiating
17            such proceeding.
18                (iii) Within 30 days after the utility submits
19            its report indicates that it will terminate future
20            energy investments, initiate a proceeding under
21            Section 8-103B of this Act to reduce the cumulative
22            persisting annual savings goals previously
23            approved by the Commission under such Section to
24            ensure just and reasonable rates. The Commission
25            shall, after notice and hearing, enter its order
26            approving such goal reductions no later than 120

 

 

09900SB2814ham004- 36 -LRB099 19990 JWD 51891 a

1            days after initiating such proceeding.
2            Notwithstanding the termination of future energy
3        investments pursuant to this subparagraph (B), the
4        utility shall be permitted to continue to recover the
5        costs of such investments that were incurred prior to
6        such termination, including but not limited to all
7        costs that are recovered through regulatory assets
8        created under Sections 8-103B and 16-107.6 of this Act.
9        Nothing in this Section shall limit the utility's
10        ability to fully recover such costs. The utility shall
11        also be permitted to continue to recover the costs of
12        all payments made under contracts executed under
13        subsection (d-5) until the effective date of the
14        contract's termination.
 
15    (220 ILCS 5/16-108.16 new)
16    Sec. 16-108.16. Commercial Rate Impacts.
17    (a) Each electric utility that serves more than 500,000
18retail customers in the State shall file with the Commission
19the reports required by this Section, which shall identify the
20annual average increases due to future energy investment costs
21for the applicable period or periods in electric bills to
22commercial and industrial retail customers. For purposes of
23this Section, "commercial and industrial retail customers"
24means non-residential retail customers other than those
25customers who are exempt from subsections (a) through (j) of

 

 

09900SB2814ham004- 37 -LRB099 19990 JWD 51891 a

1Section 8-103B of this Act under subsection (l) of Section
28-103B.
3    (b) The increase determination required by subsection (a)
4of this Section shall be based on a calculation comprised of
5the following components:
6        (1 )Beginning with the 2017 calendar year, the average
7    annual amount paid by commercial and industrial retail
8    customers, expressed on a cents-per-kilowatthour basis, to
9    recover future energy investment costs, which include the
10    charges to recover the costs incurred by the utility under
11    the following provisions:
12            (A) Sections 8-103, Section 8-103B, and 16-111.5B
13        of this Act, as applicable, and as such costs may be
14        recovered under Sections 8-103, 8-103B, 16-111.5B or
15        Section 16-108.5 of this Act;
16            (B) subsection (d-5) of Section 1-75 of the
17        Illinois Power Agency Act, as such costs may be
18        recovered under subsection (k) of Section 16-108 of
19        this Act; and
20            (C) Section 16-107.6 of this Act.
21        Beginning with the 2018 calendar year, each of the
22    average annual charges calculated in subparagraphs (A)
23    through (C) of this paragraph (1) shall be equal to the
24    average of each such charge applied over a period that
25    commences with the calendar year ending December 31, 2017
26    and ends with the most recently completed calendar year

 

 

09900SB2814ham004- 38 -LRB099 19990 JWD 51891 a

1    prior to the calculation or calculations required by this
2    Section.
3        (2) The sum of the following:
4            (A) annual net energy savings to commercial and
5        industrial retail customers that are attributable to
6        the implementation of voltage optimization measures
7        under Section 8-103B of this Act, expressed on a
8        cents-per-kilowatthour basis, which are estimated
9        energy and capacity benefits for commercial and
10        industrial retail customers minus the measure costs
11        recovered from those customers, divided by the average
12        annual kilowatt-hour consumption of commercial and
13        industrial retail customers; notwithstanding this
14        subparagraph (A), a utility may elect not to include an
15        estimate of net energy savings as described in this
16        subparagraph (A), in which case the value under this
17        subparagraph (A) shall be zero;
18            (B) the average annual cents-per-kilowatthour
19        charge applied under Section 8-103 of this Act to
20        commercial and industrial retail customers during
21        calendar year 2016 to recover the costs authorized by
22        such Section; and
23            (C) incremental energy efficiency savings, which
24        shall be calculated by subtracting the value
25        determined in item (ii) of this subparagraph (C) from
26        the value determined in item (i) of this subparagraph

 

 

09900SB2814ham004- 39 -LRB099 19990 JWD 51891 a

1        and dividing the difference by the value identified in
2        item (iii) of this subparagraph:
3                (i) Total value, in dollars, of the cumulative
4            persisting annual saving achieved from the
5            installation or implementation of all energy
6            efficiency measures for commercial and industrial
7            retail customers under Sections 8-103, 8-103B and
8            16-111.5 of this Act, net of the cumulative annual
9            percentage savings in kilowatt-hours, if any,
10            calculated under subparagraph (A) of this
11            paragraph (2).
12                (ii) 2016 value, which shall equal the value
13            calculated under item (i) of this subparagraph (C)
14            multiplied by the quotient of (aa) the cumulative
15            persisting annual savings, in kilowatt-hours,
16            achieved from the installation or implementation
17            of all energy efficiency measures for commercial
18            and industrial retail customers under Sections
19            8-103, 8-103B and 16-111.5B of this Act as of
20            December 31, 2016, divided by (bb) the cumulative
21            persisting annual savings, in kilowatt-hours, from
22            the installation or implementation of all energy
23            efficiency measures for commercial and industrial
24            retail customers under Sections 8-103, 8-103B and
25            16-111.5 of this Act, net of the cumulative annual
26            percentage savings in kilowatt-hours, if any,

 

 

09900SB2814ham004- 40 -LRB099 19990 JWD 51891 a

1            calculated under subparagraph (A) of this
2            paragraph (2).
3                (iii) The average annual kilowatt-hour
4            consumption of those commercial and industrial
5            retail customers that installed or implemented
6            energy efficiency measures under energy efficiency
7            programs or plans approved pursuant to Sections
8            8-103, 8-103B or 16-111.5B of this Act.
9            Beginning with the 2018 calendar year, each of the
10        values identified in subparagraphs (A) and (C) of this
11        paragraph (2) shall be equal to the average of each
12        such value during a period that commences with the
13        calendar year ending December 31, 2017 and ends with
14        the most recently completed calendar year prior to the
15        calculation or calculations required by this Section.
16            For purposes of this Section, cumulative
17        persisting annual savings shall have the meaning set
18        forth in Section 8-103B of this Act, and energy
19        efficiency measures shall have the meaning set forth in
20        Section 1-10 of the Illinois Power Agency Act.
21        (c)(1) No later than June 30, 2017, and every June 30
22    thereafter until June 30, 2027, an electric utility subject
23    to this Section shall submit a report to the Commission
24    that sets forth the utility's 10-year projection of the
25    values of each of the components described in paragraphs
26    (1) and (2) of subsection (b) of this Section. Each

 

 

09900SB2814ham004- 41 -LRB099 19990 JWD 51891 a

1    utility's report to the Commission shall identify the
2    result of the computation performed under this Section for
3    the immediately preceding calendar year and update its
4    10-year projection. Such calculations shall be performed
5    by subtracting the sum of paragraph (2) of subsection (b)
6    of this Section from the sum of paragraph (1) of such
7    subsection (b).
8        In the event that the actual or projected average
9    annual increase for commercial and industrial retail
10    customers exceeds 1.3% of 8.90 cents-per-kilowatthour,
11    which is the average amount paid per kilowatt-hour for
12    electric service during the year ending December 31, 2015
13    by Illinois commercial retail customers, as reported to the
14    Edison Electric Institute, then the applicable utility
15    shall comply with the provisions of paragraphs (2) through
16    (4) of this subsection (c), as applicable.
17        (2) In the event that the projected average annual
18    increase for commercial and industrial retail customers
19    during a calendar year exceeds the applicable limitation
20    set forth in paragraph (1) of this subsection (c), then the
21    utility shall comply with the following provisions, as
22    applicable:
23            (A) If an exceedance is projected during the first
24        four calendar years of the 10-year projection, then the
25        utility shall include in its report submitted under
26        paragraph (1) of this subsection (c) the utility's

 

 

09900SB2814ham004- 42 -LRB099 19990 JWD 51891 a

1        proposal or proposals to decrease the future energy
2        investment costs described in paragraph (1) of
3        subsection (b) of this Section to ensure that the
4        limitation set forth in such paragraph (1) is not
5        exceeded. The Commission shall, after notice and
6        hearing, enter an order directing the utility to
7        implement one or more proposals, as such proposals may
8        be modified by the Commission. The Commission shall
9        have the authority under this subparagraph (A) to
10        approve modifications to the contracts executed under
11        subsection (d-5) of Section 1-75 of the Illinois Power
12        Agency Act. If the Commission approves modifications
13        to such contracts that are in an amount that reduces
14        the quantities to be procured under such contracts by
15        more than 7%, then the supplier shall have the option
16        of accepting the modifications or terminating the
17        modified contract or contracts, subject to the
18        termination requirements and notice provisions set
19        forth in item (i) of subparagraph (B) of paragraph (4)
20        of this Section.
21            (B) If an exceedance is projected during any
22        calendar year during the last 6 years of the 10-year
23        projection, then the utility shall demonstrate in its
24        report submitted under paragraph (1) of this
25        subsection (c) how the utility will reduce the future
26        energy investment costs described in paragraph (1) of

 

 

09900SB2814ham004- 43 -LRB099 19990 JWD 51891 a

1        subsection (b) of this Section to ensure that the
2        limitation set forth in such paragraph (1) is not
3        exceeded.
4        (3) If the actual average annual increase for
5    commercial and industrial retail customers during a
6    calendar year exceeded the limitation set forth in
7    paragraph (1) of this subsection (c), then the utility
8    shall prepare and file with the Commission, at the time it
9    submits its report under paragraph (1) of this subsection
10    (c), a corrective action plan. The Commission shall
11    initiate an investigation to determine the factors that
12    contributed to the actual average annual increase
13    exceeding such limitation for the applicable calendar
14    year, and shall, after notice and hearing, enter an order
15    approving, or approving with modification, the utility's
16    corrective action plan within 120 days after the utility
17    files such plan. The Commission shall also submit a report
18    to the General Assembly no later than 30 days after it
19    enters such order, and the report shall explain the results
20    of the Commission's investigation and findings and
21    conclusions of its order.
22        (4) If the actual average annual increase for
23    commercial and industrial retail customers during a
24    calendar year exceeds the limitation set forth in paragraph
25    (1) of this subsection (c) for two consecutive years, then
26    the utility shall indicate in its report filed under

 

 

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1    paragraph (1) of this subsection (c) whether the utility
2    will proceed with or terminate the future energy
3    investments described and authorized under subsection
4    (d-5) of the Illinois Power Agency Act and Sections 8-103B
5    and 16-107.6 of this Act. The utility's election shall be
6    subject to the requirements of subparagraph (A) or (B) of
7    this paragraph (4), as applicable.
8            (A) If the utility elects to proceed with the
9        future energy investments, then it shall be subject to
10        the corrective action plan requirements set forth in
11        paragraph (3) of this subsection (c). In addition, the
12        utility must commit to apply a credit to commercial and
13        industrial retail customers' bills if the actual
14        average annual increase for such customers exceeds the
15        limitation set forth in paragraph (1) of this
16        subsection (c) for the year in which the utility files
17        its corrective action plan, which credit shall be in an
18        amount that equals the portion by which the increase
19        exceeds such limitation. The Commission shall initiate
20        an investigation to determine the factors that
21        contributed to the actual average annual increase
22        exceeding such limitation for the applicable calendar
23        year, including an analysis of the factors
24        contributing to the limitation being exceeded for two
25        consecutive years, and shall, after notice and
26        hearing, enter an order approving, or approving with

 

 

09900SB2814ham004- 45 -LRB099 19990 JWD 51891 a

1        modification, the utility's corrective action plan
2        within 120 days after the utility files such plan. The
3        Commission shall also submit a supplemental report to
4        the General Assembly no later than 30 days after it
5        enters such order, and the report shall explain the
6        results of the Commission's investigation and findings
7        and conclusions of its order.
8            (B) If the utility elects to terminate future
9        energy investments, then the Commission shall,
10        notwithstanding anything to the contrary:
11                (i) Order the utility to terminate the
12            contract or contracts executed under subsection
13            (d-5) of Section 1-75 of the Illinois Power Agency
14            Act, pursuant to the contract termination
15            provisions set forth in such subsection (d-5),
16            provided that notice of such termination must be
17            made at least 3 years and 75 days prior to the
18            effective date of such termination. In the event
19            that only a portion of the contracts executed under
20            such subsection (d-5) are terminated for a
21            particular zero emission facility, then the zero
22            emission facility may elect to terminate all of the
23            contracts executed for that facility under such
24            subsection (d-5).
25                (ii) Within 30 days of the utility's report
26            identifying its election to terminate future

 

 

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1            energy investments, initiate a proceeding to
2            approve the process for terminating future
3            expenditures under Sections 16-107.6 of the Public
4            Utilities Act. The Commission shall, after notice
5            and hearing, enter its order approving such
6            process no later than 120 days after initiating
7            such proceeding.
8                (iii) Within 30 days of the utility's report
9            identifying its election to terminate future
10            energy investments, initiate a proceeding under
11            Section 8-103B of this Act to reduce the cumulative
12            persisting annual savings goals previously
13            approved by the Commission under such Section to
14            ensure just and reasonable rates. The Commission
15            shall, after notice and hearing, enter its order
16            approving such goal reductions no later than 120
17            days after initiating such proceeding.
18            Notwithstanding the termination of future energy
19        investments pursuant to this subparagraph (B), the
20        utility shall be permitted to continue to recover the
21        costs of such investments that were incurred prior to
22        such termination, including but not limited to all
23        costs that are recovered through regulatory assets
24        created under Sections 8-103B and 16-107.6 of this Act.
25        Nothing in this Section shall limit the utility's
26        ability to fully recover such costs. The utility shall

 

 

09900SB2814ham004- 47 -LRB099 19990 JWD 51891 a

1        also be permitted to continue to recover the costs of
2        all payments made under contracts executed under
3        subsection (d-5) until the effective date of the
4        contract's termination.
5        (5) Notwithstanding anything to the contrary, if,
6    under this Section or subsection (m) of Section 16-108 of
7    this Act, modifications to the contracts executed under
8    subsection (d-5) of Section 1-75 of the Illinois Power
9    Agency Act are, in total, in an amount that reduces the
10    quantities to procured under such contracts by more than
11    10%, then the supplier shall have the option of accepting
12    the modifications or terminating the modified contract or
13    contracts, subject to the termination requirements and
14    notice provisions set forth in item (i) of subparagraph (B)
15    of paragraph (4) of this Section."; and
 
16on page 389, line 10, by replacing "one" with "2 one"; and
 
17on page 428, line 19, by replacing the period with "and, for an
18electric utility that serves less than 100,000 retail customers
19in the State, other than the procurement of renewable energy
20credits for distributed renewable energy generation devices.";
21and
 
22on page 467, immediately below line 3, by inserting the
23following:
 

 

 

09900SB2814ham004- 48 -LRB099 19990 JWD 51891 a

1    "(220 ILCS 5/16-128A)
2    Sec. 16-128A. Certification of installers, maintainers, or
3repairers.
4    (a) Within 18 months of the effective date of this
5amendatory Act of the 97th General Assembly, the Commission
6shall adopt rules, including emergency rules, establishing
7certification requirements ensuring that entities installing
8distributed generation facilities are in compliance with the
9requirements of subsection (a) of Section 16-128 of this Act.
10    For purposes of this Section, the phrase "entities
11installing distributed generation facilities" shall include,
12but not be limited to, all entities that are exempt from the
13definition of "alternative retail electric supplier" under
14item (v) of Section 16-102 of this Act. For purposes of this
15Section, the phrase "self-installer" means an individual who
16(i) leases or purchases a cogeneration facility for his or her
17own personal use and (ii) installs such cogeneration or
18self-generation facility on his or her own premises without the
19assistance of any other person.
20    (b) In addition to any authority granted to the Commission
21under this Act, the Commission is also authorized to: (1)
22determine which entities are subject to certification under
23this Section; (2) impose reasonable certification fees and
24penalties; (3) adopt disciplinary procedures; (4) investigate
25any and all activities subject to this Section, including

 

 

09900SB2814ham004- 49 -LRB099 19990 JWD 51891 a

1violations thereof; (5) adopt procedures to issue or renew, or
2to refuse to issue or renew, a certification or to revoke,
3suspend, place on probation, reprimand, or otherwise
4discipline a certified entity under this Act or take other
5enforcement action against an entity subject to this Section;
6and (6) prescribe forms to be issued for the administration and
7enforcement of this Section.
8    (c) No electric utility shall provide a retail customer
9with net metering service related to interconnection of that
10customer's distributed generation facility unless the customer
11provides the electric utility with (i) a certification that the
12customer installing the distributed generation facility was a
13self-installer or (ii) evidence that the distributed
14generation facility was installed by an entity certified under
15this Section that is also in good standing with the Commission.
16For purposes of this subsection, a retail customer includes
17that customer's employees, officers, and agents. An electric
18utility shall file a tariff or tariffs with the Commission
19setting forth the documentation, as specified by Commission
20rule, that a retail customer must provide to an electric
21utility. The provisions of this subsection (c) shall apply on
22or after the effective date of the Commission's rules
23prescribed pursuant to subsection (a) of this Section.
24    (d) Within 180 days after the effective date of this
25amendatory Act of the 97th General Assembly, the Commission
26shall initiate a rulemaking proceeding to establish

 

 

09900SB2814ham004- 50 -LRB099 19990 JWD 51891 a

1certification requirements that shall be applicable to persons
2or entities that install, maintain, or repair electric vehicle
3charging stations. The notification and certification
4requirements of this Section shall only be applicable to
5individuals or entities that perform work on or within an
6electric vehicle charging station, including, but not limited
7to, connection of power to an electric vehicle charging
8station.
9    For the purposes of this Section "electric vehicle charging
10station" means any facility or equipment that is used to charge
11a battery or other energy storage device of an electric
12vehicle.
13    Rules regulating the installation, maintenance, or repair
14of electric vehicle charging stations, in which the Commission
15may establish separate requirements based upon the
16characteristics of electric vehicle charging stations, so long
17as it is in accordance with the requirements of subsection (a)
18of Section 16-128 and Section 16-128A of this Act, shall:
19        (1) establish a certification process for persons or
20    entities that install, maintain, or repair of electric
21    vehicle charging stations;
22        (2) require persons or entities that install,
23    maintain, or repair electric vehicle stations to be
24    certified to do business and to be bonded in the State;
25        (3) ensure that persons or entities that install,
26    maintain, or repair electric vehicle charging stations

 

 

09900SB2814ham004- 51 -LRB099 19990 JWD 51891 a

1    have the requisite knowledge, skills, training,
2    experience, and competence to perform functions in a safe
3    and reliable manner as required under subsection (a) of
4    Section 16-128 of this Act;
5        (4) impose reasonable certification fees and penalties
6    on persons or entities that install, maintain, or repair of
7    electric vehicle charging stations for noncompliance of
8    the rules adopted under this subsection;
9        (5) ensure that all persons or entities that install,
10    maintain, or repair electric vehicle charging stations
11    conform to applicable building and electrical codes;
12        (6) ensure that all electric vehicle charging stations
13    meet recognized industry standards as the Commission deems
14    appropriate, such as the National Electric Code (NEC) and
15    standards developed or created by the Institute of
16    Electrical and Electronics Engineers (IEEE), the Electric
17    Power Research Institute (EPRI), the Detroit Edison
18    Institute (DTE), the Underwriters Laboratory (UL), the
19    Society of Automotive Engineers (SAE), and the National
20    Institute of Standards and Technology (NIST);
21        (7) include any additional requirements that the
22    Commission deems reasonable to ensure that persons or
23    entities that install, maintain, or repair electric
24    vehicle charging stations meet adequate training,
25    financial, and competency requirements;
26        (8) ensure that the obligations required under this

 

 

09900SB2814ham004- 52 -LRB099 19990 JWD 51891 a

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

 

 

09900SB2814ham004- 53 -LRB099 19990 JWD 51891 a

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

 

 

09900SB2814ham004- 54 -LRB099 19990 JWD 51891 a

1setting forth the documentation, as specified by Commission
2rule, that a retail customer who owns, uses, operates, or
3maintains an electric vehicle charging station must provide to
4an electric utility.
5    For the purposes of this subsection, an electric vehicle
6charging station shall constitute a distribution facility or
7equipment as that term is used in subsection (a) of Section
816-128 of this Act. The phrase "self-installer" means an
9individual who (i) leases or purchases an electric vehicle
10charging station for his or her own personal use and (ii)
11installs an electric vehicle charging station on his or her own
12premises without the assistance of any other person.
13    (e) Fees and penalties collected under this Section shall
14be deposited into the Public Utility Fund and used to fund the
15Commission's compliance with the obligations imposed by this
16Section.
17    (f) The rules established under subsection (d) of this
18Section shall specify the initial dates for compliance with the
19rules.
20    (g) Within 18 months of the effective date of this
21amendatory Act of the 99th General Assembly, the Commission
22shall adopt rules, including emergency rules, establishing a
23process for entities installing a new utility-scale wind
24project or a new utility-scale solar project to certify
25compliance with the requirements of this Section. For purposes
26of this Section, the phrase "entities installing a new

 

 

09900SB2814ham004- 55 -LRB099 19990 JWD 51891 a

1utility-scale wind project or a new utility-scale solar
2project" shall include, but is not limited to, any entity
3installing new wind projects or new photovoltaic projects as
4such terms are defined in subsection (c) of Section 1-75 of the
5Illinois Power Agency Act.
6    The process shall include an option to complete the
7certification electronically by completing forms on-line. An
8entity installing a new utility-scale wind project or a new
9utility-scale solar project shall be permitted to complete
10certification after the subject work has been completed. The
11Commission shall maintain on its website a list of entities
12installing new utility-scale wind projects or new
13utility-scale solar projects measures that have successfully
14completed the certification process.
15    (h) In addition to any authority granted to the Commission
16under this Act, the Commission is also authorized to: (1)
17determine which entities are subject to certification under
18subsection (g) of this Section; (2) impose reasonable
19certification fees and penalties; (3) adopt disciplinary
20procedures; (4) investigate any and all activities subject to
21subsection (g) or this subsection (h) of this Section,
22including violations thereof; (5) adopt procedures to issue or
23renew, or to refuse to issue or renew, a certification or to
24revoke, suspend, place on probation, reprimand, or otherwise
25discipline a certified entity under subsection (g) of this
26Section or take other enforcement action against an entity

 

 

09900SB2814ham004- 56 -LRB099 19990 JWD 51891 a

1subject to subsection (g) or this subsection (h) of this
2Section; (6) prescribe forms to be issued for the
3administration and enforcement of subsection (g) and this
4subsection (h) of this Section; and (7) establish requirements
5to ensure that entities installing a new wind project or a new
6photovoltaic project have the requisite knowledge, skills,
7training, experience, and competence to perform in a safe and
8reliable manner as required by subsection (a) of Section 16-128
9of this Act.
10    The certification of persons or entities that install,
11maintain, or repair new wind projects, new photovoltaic
12projects, distributed generation facilities, and electric
13vehicle charging stations as set forth in this Section is an
14exclusive power and function of the State. A home rule unit or
15other units of local government authority may subject persons
16or entities that install, maintain, or repair new wind
17projects, new photovoltaic projects, distributed generation
18facilities, or electric vehicle charging stations as set forth
19in this Section to any applicable local licensing, siting, and
20permitting requirements otherwise permitted under law so long
21as only Commission-certified persons or entities are
22authorized to install, maintain, or repair new wind projects,
23new photovoltaic projects, distributed generation facilities,
24or electric vehicle charging stations. This Section is a
25limitation under subsection (h) of Section 6 of Article VII of
26the Illinois Constitution on the exercise by home rule units of

 

 

09900SB2814ham004- 57 -LRB099 19990 JWD 51891 a

1powers and functions exclusively exercised by the State.
2(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
 
3    (220 ILCS 5/16-128B new)
4    Sec. 16-128B. Qualified energy efficiency installers.
5    (a) Within 18 months after the effective date of this
6amendatory Act of the 99th General Assembly, the Commission
7shall adopt rules, including emergency rules, establishing a
8process for entities installing energy efficiency measures to
9certify compliance with the requirements of this Section.
10    The process shall include an option to complete the
11certification electronically by completing forms on-line. An
12entity installing energy efficiency measures shall be
13permitted to complete the certification after the subject work
14has been completed.
15    The Commission shall maintain on its website a list of
16entities installing energy efficiency measures that have
17successfully completed the certification process.
18    (b) In addition to any authority granted to the Commission
19under this Act, the Commission may:
20        (1) determine which entities are subject to
21    certification under this Section;
22        (2) impose reasonable certification fees and
23    penalties;
24        (3) adopt disciplinary procedures;
25        (4) investigate any and all activities subject to this

 

 

09900SB2814ham004- 58 -LRB099 19990 JWD 51891 a

1    Section, including violations thereof;
2        (5) adopt procedures to issue or renew, or to refuse to
3    issue or renew, a certification or to revoke, suspend,
4    place on probation, reprimand, or otherwise discipline a
5    certified entity under this Act or take other enforcement
6    action against an entity subject to this Section; and
7        (6) prescribe forms to be issued for the administration
8    and enforcement of this Section.
9    (c) An electric utility may not provide a retail customer
10with a rebate or other energy efficiency incentive for a
11measure that exceeds a minimal amount determined by the
12Commission unless the customer provides the electric utility
13with (1) a certification that the person installing the energy
14efficiency measure was a self-installer; or (2) evidence that
15the energy efficiency measure was installed by an entity
16certified under this Section that is also in good standing with
17the Commission.
18    (d) The Commission shall:
19        (1) require entities installing energy efficiency
20    measures to be certified to do business and to be bonded in
21    this State;
22        (2) ensure that entities installing energy efficiency
23    measures have the requisite knowledge, skill, training,
24    experience, and competence to perform functions in a safe
25    and reliable manner as required under subsection (a) of
26    Section 16-128 of this Act;

 

 

09900SB2814ham004- 59 -LRB099 19990 JWD 51891 a

1        (3) ensure that entities installing energy efficiency
2    measures conform to applicable building and electrical
3    codes;
4        (4) ensure that all entities installing energy
5    efficiency measures meet recognized industry standards as
6    the Commission deems appropriate;
7        (5) include any additional requirements that the
8    Commission deems reasonable to ensure that entities
9    installing energy efficiency measures meet adequate
10    training, financial, and competency requirements;
11        (6) ensure that all entities installing energy
12    efficiency measures obtain certificates of insurance in
13    sufficient amounts and coverages that the Commission so
14    determines; and
15        (7) identify and determine the training or other
16    programs by which persons or entities may obtain the
17    requisite training, skill, or experience necessary to
18    achieve and maintain compliance with the requirements of
19    this Section.
20    (e) Fees and penalties collected under this Section shall
21be deposited into the Public Utility Fund and used to fund the
22Commission's compliance with the obligations imposed by this
23Section.
24    (f) The rules adopted under this Section shall specify the
25initial dates for compliance with the rules.
26    (g) For purposes of this Section, entities installing

 

 

09900SB2814ham004- 60 -LRB099 19990 JWD 51891 a

1energy efficiency measures shall endeavor to support the
2diversity goals of this State by attracting, developing,
3retaining, and providing opportunities to employees of all
4backgrounds and by supporting female-owned, minority-owned,
5veteran-owned, and small businesses.".