Full Text of HB5257 95th General Assembly
HB5257ham002 95TH GENERAL ASSEMBLY
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Rep. Mike Fortner
Filed: 5/8/2008
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LRB095 19168 MJR 50634 a |
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| AMENDMENT TO HOUSE BILL 5257
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| AMENDMENT NO. ______. Amend House Bill 5257 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Power Agency Act is amended by | 5 |
| adding Section 1-92 as follows: | 6 |
| (20 ILCS 3855/1-92 new) | 7 |
| Sec. 1-92. Aggregation of electrical load by | 8 |
| municipalities and counties. | 9 |
| (a) The corporate authorities of a municipality or county | 10 |
| board of a county
may
adopt an ordinance under which it may | 11 |
| aggregate in accordance with this
Section residential and small | 12 |
| commercial retail electrical loads located, respectively, | 13 |
| within the
municipality or the unincorporated areas of the | 14 |
| county and, for that purpose, may solicit bids and enter into | 15 |
| service
agreements to facilitate
for those
loads the sale and | 16 |
| purchase of electricity and related services and equipment. |
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| The corporate authorities or county
board may also exercise | 2 |
| such authority jointly with any other municipality or county.
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| Two or
more
municipalities or counties, or a combination of | 4 |
| both, may initiate a
process
jointly to authorize aggregation | 5 |
| by a majority vote of each particular
municipality or
county as | 6 |
| required by this Section. | 7 |
| If the corporate authorities or the county board seek to | 8 |
| operate the aggregation program as an opt-out program for | 9 |
| residential retail customers, then prior to the adoption of an | 10 |
| ordinance with respect to aggregation of residential retail | 11 |
| electric loads, the corporate authorities of a municipality or | 12 |
| the county board of a county shall submit a referendum to its | 13 |
| residents to determine whether or not the aggregation program | 14 |
| shall operate as an opt-out program for residential retail | 15 |
| customers. | 16 |
| In addition to the notice and conduct requirements of the | 17 |
| general election law, notice of the referendum shall state | 18 |
| briefly the purpose of the referendum and shall describe the | 19 |
| potential impact on residential retail customers' choice of | 20 |
| electric supplier and electric rates. The question of whether | 21 |
| the corporate authorities or the county board shall adopt an | 22 |
| opt-out aggregation program for residential retail customers | 23 |
| shall be submitted to the electors of the municipality or | 24 |
| county board at a regular election and approved by a majority | 25 |
| of the electors voting on the question. The corporate | 26 |
| authorities or county board must certify to the proper election |
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| authority, which must submit the question at an election in | 2 |
| accordance with the Election Code. | 3 |
| The election authority must submit the question in | 4 |
| substantially the following form: | 5 |
| Shall the (municipality or county in which the question | 6 |
| is being voted upon) have the authority to arrange for the | 7 |
| supply of electricity for its residential retail customers | 8 |
| who have not opted out of such program? | 9 |
| The election authority must record the votes as "Yes" or "No". | 10 |
| If a majority of the electors voting on the question vote | 11 |
| in the affirmative, then the corporate authorities or county | 12 |
| board may implement an opt-out aggregation program for | 13 |
| residential retail customers. | 14 |
| A referendum must pass in each particular municipality or | 15 |
| county that is engaged in the aggregation program. If the | 16 |
| referendum fails, then the corporate authorities or county | 17 |
| board shall operate the aggregation program as an opt-in | 18 |
| program for residential retail customers. | 19 |
| An
ordinance under this Section shall specify whether the | 20 |
| aggregation will occur
only with
the prior consent of each | 21 |
| person owning, occupying, controlling, or using an
electric | 22 |
| load
center proposed to be aggregated. Nothing in this Section,
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| however,
authorizes the aggregation of electric loads that are | 24 |
| served or authorized to be served by an electric cooperative as | 25 |
| defined by and pursuant to the Electric Supplier Act or loads | 26 |
| served by a municipality that owns and operates its own |
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| electric distribution system. No
aggregation shall take
effect | 2 |
| unless
approved by a majority of the members of the corporate | 3 |
| authority or county board voting upon the ordinance.
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| A governmental aggregator under this Section is not a | 5 |
| public utility or an
alternative retail electric supplier.
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| (b) Upon the applicable requisite authority under this | 7 |
| Section, the corporate
authorities or the county board, with | 8 |
| assistance from the Illinois Power Agency, shall develop a plan | 9 |
| of operation and
governance for the
aggregation program so | 10 |
| authorized. Before adopting a plan under this Section,
the
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| corporate authorities or county board shall hold at least 2 | 12 |
| public hearings on
the plan.
Before the first hearing, the | 13 |
| corporate authorities or county board shall
publish notice of
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| the hearings once a week for 2 consecutive weeks in a newspaper | 15 |
| of general
circulation
in the jurisdiction. The notice shall | 16 |
| summarize the plan and state the date,
time, and
location of | 17 |
| each hearing.
Any load aggregation plan established pursuant to | 18 |
| this Section shall: | 19 |
| (1) provide for universal
access to all applicable | 20 |
| residential customers and equitable treatment of | 21 |
| applicable
residential customers; | 22 |
| (2) describe demand management and energy efficiency | 23 |
| services to be
provided to each class of customers;
and | 24 |
| (3) meet any requirements established by law
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| concerning aggregated service offered pursuant to this | 26 |
| Section. |
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| (c) The process for soliciting bids for electricity and | 2 |
| other related services and awarding proposed agreements for the | 3 |
| purchase of electricity and other related services shall be | 4 |
| conducted in the following order: | 5 |
| (1) The corporate authorities or county board may | 6 |
| solicit bids for electricity and other related services. | 7 |
| (2) An electric utility that provides residential | 8 |
| service in the aggregate area must submit the names and | 9 |
| addresses of residential and small commercial retail | 10 |
| customers in the aggregate area to the corporate | 11 |
| authorities or the county board in an electronic format. | 12 |
| (d) If the corporate authorities or county board operate | 13 |
| under an opt-in program for residential retail customers, then | 14 |
| the corporate authorities or county board shall comply with all | 15 |
| of the following: | 16 |
| (1) Within 60 days after receiving the bids, the | 17 |
| corporate authorities or county board shall allow | 18 |
| residential customers to commit to the terms and conditions | 19 |
| of a bid that has been selected by the corporate | 20 |
| authorities or county board. | 21 |
| (2) If (A) the corporate authorities or county board | 22 |
| award proposed agreements for the purchase of electricity | 23 |
| and other related services and (B) an agreement is reached | 24 |
| between the corporate authorities or county board for those | 25 |
| services, then customers committed to the terms and | 26 |
| conditions according to item (1) of this subsection (d) |
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| shall be committed to the agreement. | 2 |
| (e) If the corporate authorities or county board operate as | 3 |
| an opt-out program for residential retail customers, then it | 4 |
| shall be the duty of the aggregated entity to fully inform
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| residential retail customers in advance that they have the | 6 |
| right to opt out of the aggregation program.
The disclosure | 7 |
| shall prominently state all charges to be made and
shall | 8 |
| include
full disclosure of the cost to obtain service pursuant | 9 |
| to Section 16-103 of the Public Utilities Act, how
to access | 10 |
| it,
and the fact that it is available to them without penalty, | 11 |
| if they are
currently receiving
service under that Section. The | 12 |
| Illinois Power Agency shall furnish, without charge, to
any | 13 |
| citizen a
list of all supply options available to them in a | 14 |
| format that
allows
comparison of prices and products. | 15 |
| The Illinois Power Agency shall provide assistance to | 16 |
| municipalities, counties, or associations working with | 17 |
| municipalities to help complete the plan and bidding process. | 18 |
| This Section does not prohibit municipalities or counties | 19 |
| from entering into an intergovernmental agreement to aggregate | 20 |
| residential retail electric loads. | 21 |
| (f) Notwithstanding any other rulemaking authority that | 22 |
| may exist, neither the Governor nor any agency or agency head | 23 |
| under the jurisdiction of the Governor has any authority to | 24 |
| make or promulgate rules to implement or enforce the provisions | 25 |
| of this amendatory Act of the 95th General Assembly. If, | 26 |
| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of | 2 |
| the 95th General Assembly, the Governor may suggest rules to | 3 |
| the General Assembly by filing them with the Clerk of the House | 4 |
| and the Secretary of the Senate and by requesting that the | 5 |
| General Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this amendatory Act of | 12 |
| the 95th General Assembly, "rules" is given the meaning | 13 |
| contained in Section 1-70 of the Illinois Administrative | 14 |
| Procedure Act, and "agency" and "agency head" are given the | 15 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 16 |
| Administrative Procedure Act to the extent that such | 17 |
| definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor. | 19 |
| (220 ILCS 5/17-800 rep.)
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| Section 10. The Public Utilities Act is amended by | 21 |
| repealing Section 17-800.".
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