Full Text of SB0009 98th General Assembly
SB0009sam002 98TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 9
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 9, AS AMENDED, with | 3 | | reference to page and line numbers of Senate Amendment No. 1 as | 4 | | follows:
| 5 | | on page 48, line 22, by replacing " affect " with " effect "; and | 6 | | by replacing line 2 on page 49 through line 2 on page 50 with | 7 | | the following: | 8 | | " (l) Each participating utility shall be deemed to have | 9 | | been in full compliance with all requirements of subsection (b) | 10 | | of this Section, subsection (c) of this Section, Section | 11 | | 16-108.6 of this Act, and all Commission orders entered | 12 | | pursuant to Sections 16-108.5 and 16-108.6 of this Act, up to | 13 | | and including the effective date of this amendatory Act of the | 14 | | 98th General Assembly. The Commission shall not undertake any | 15 | | investigation of such compliance and no penalty shall be | 16 | | assessed or adverse action taken against a participating |
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| 1 | | utility for noncompliance with Commission orders associated | 2 | | with subsection (b) of this Section, subsection (c) of this | 3 | | Section, and Section 16-108.6 of this Act prior to such date. | 4 | | Each participating utility other than a combination utility | 5 | | shall be permitted, without penalty, a period of 12 months | 6 | | after such effective date to take actions required to ensure | 7 | | its infrastructure investment program is in compliance with | 8 | | subsection (b) of this Section and with Section 16-108.6 of | 9 | | this Act. Provided further: | 10 | | (1) if this amendatory Act of the 98th General Assembly | 11 | | takes effect on or before June 15, 2013, the following | 12 | | subparagraphs shall apply to a participating utility other | 13 | | than a combination utility: | 14 | | (A) if the Commission has initiated a proceeding | 15 | | pursuant to subsection (e) of Section 16-108.6 of this | 16 | | Act that is pending as of the effective date of this | 17 | | amendatory Act of the 98th General Assembly, then the | 18 | | order entered in such proceeding shall, after notice | 19 | | and hearing, accelerate the commencement of the meter | 20 | | deployment schedule approved in the final Commission | 21 | | order on rehearing entered in Docket No. 12-0298; | 22 | | (B) if the Commission has entered an order pursuant | 23 | | to subsection (e) of Section 16-108.6 of this Act prior | 24 | | to the effective date of this amendatory Act of the | 25 | | 98th General Assembly that does not accelerate the | 26 | | commencement of the meter deployment schedule approved |
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| 1 | | in the final Commission order on rehearing entered in | 2 | | Docket No. 12-0298, then the utility shall file with | 3 | | the Commission, within 45 days after such effective | 4 | | date, a plan for accelerating the commencement of the | 5 | | utility's meter deployment schedule approved in the | 6 | | final Commission order on rehearing entered in Docket | 7 | | No. 12-0298; the Commission shall reopen the | 8 | | proceeding in which it entered its order pursuant to | 9 | | subsection (e) of Section 16-108.6 of this Act and | 10 | | shall, after notice and hearing, enter an amendatory | 11 | | order that approves or approves as modified such | 12 | | accelerated plan within 90 days after the utility's | 13 | | filing; or | 14 | | (C) if the Commission has not initiated a | 15 | | proceeding pursuant to subsection (e) of Section | 16 | | 16-108.6 of this Act prior to the effective date of | 17 | | this amendatory Act of the 98th General Assembly, then | 18 | | the utility shall file with the Commission, within 45 | 19 | | days after such effective date, a plan for accelerating | 20 | | the commencement of the utility's meter deployment | 21 | | schedule approved in the final Commission order on | 22 | | rehearing entered in Docket No. 12-0298 and the | 23 | | Commission shall, after notice and hearing, approve or | 24 | | approve as modified such plan within 90 days after the | 25 | | utility's filing; | 26 | | (2) if this amendatory Act of the 98th General Assembly |
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| 1 | | takes effect after June 15, 2013, then each participating | 2 | | utility other than a combination utility shall file with | 3 | | the Commission, within 45 days after such effective date, a | 4 | | plan for accelerating the commencement of the utility's | 5 | | meter deployment schedule approved in the final Commission | 6 | | order on rehearing entered in Docket No. 12-0298; the | 7 | | Commission shall reopen the most recent proceeding in which | 8 | | it entered an order pursuant to subsection (e) of Section | 9 | | 16-108.6 of this Act and within 90 days after the utility's | 10 | | filing shall, after notice and hearing, enter an amendatory | 11 | | order that approves or approves as modified such | 12 | | accelerated plan, provided that if there was no such prior | 13 | | proceeding the Commission shall open a new proceeding and | 14 | | within 90 days after the utility's filing shall, after | 15 | | notice and hearing, enter an order that approves or | 16 | | approves as modified such accelerated plan. | 17 | | Any schedule for meter deployment approved by the | 18 | | Commission pursuant to subparagraphs (1) or (2) of this | 19 | | subsection (l) shall take into consideration procurement times | 20 | | for meters and other equipment and operational issues. Nothing | 21 | | in this amendatory Act of the 98th General Assembly shall | 22 | | shorten or extend the end dates for the 5-year or 10-year | 23 | | periods set forth in subsection (b) of this Section or Section | 24 | | 16-108.6 of this Act. Nothing in this subsection is intended to | 25 | | address whether a participating utility has, or has not, | 26 | | satisfied any or all of the metrics and performance goals |
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| 1 | | established pursuant to subsection (f) of this Section. ".
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