Full Text of SB0105 98th General Assembly
SB0105ham002 98TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 5/26/2013
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| 1 | | AMENDMENT TO SENATE BILL 105
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 105, on page 1, | 3 | | line 5, after "16-103.2", by inserting "and by changing Section | 4 | | 16-128A"; and | 5 | | on page 5, immediately below line 5, by inserting the | 6 | | following:
| 7 | | "(220 ILCS 5/16-128A) | 8 | | Sec. 16-128A. Certification of installers, maintainers, or | 9 | | repairers. | 10 | | (a) Within 18 months of the effective date of this | 11 | | amendatory Act of the 97th General Assembly, the Commission | 12 | | shall adopt rules, including emergency rules, establishing | 13 | | certification requirements ensuring that entities installing | 14 | | distributed generation facilities are in compliance with the | 15 | | requirements of subsection (a) of Section 16-128 of this Act. | 16 | | For purposes of this Section, the phrase "entities |
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| 1 | | installing distributed generation facilities" shall include, | 2 | | but not be limited to, all entities that are exempt from the | 3 | | definition of "alternative retail electric supplier" under | 4 | | item (v) of Section 16-102 of this Act.
For purposes of this | 5 | | Section, the phrase "self-installer" means an individual who | 6 | | (i) leases or purchases a cogeneration facility for his or her | 7 | | own personal use and (ii) installs such cogeneration or | 8 | | self-generation facility on his or her own premises without the | 9 | | assistance of any other person. For purposes relating to the | 10 | | distributed generation facilities, "install" means to complete | 11 | | the physical tasks associated with placement of the distributed | 12 | | generation facility and its connection to the electric | 13 | | utility's distribution system, in accordance with applicable | 14 | | building and electrical codes. | 15 | | (b) In addition to any authority granted to the Commission | 16 | | under this Act, the Commission is also required authorized to: | 17 | | (1) determine which entities are subject to certification under | 18 | | this Section; (2) impose reasonable certification fees and | 19 | | penalties; (3) adopt disciplinary procedures; (4) investigate | 20 | | any and all activities subject to this Section, including | 21 | | violations thereof; (5) adopt procedures to issue or renew, or | 22 | | to refuse to issue or renew, a certification or to revoke, | 23 | | suspend, place on probation, reprimand, or otherwise | 24 | | discipline a certified entity under this Act or take other | 25 | | enforcement action against an entity subject to this Section; | 26 | | and (6) prescribe forms to be issued for the administration and |
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| 1 | | enforcement of this Section ; and (7) ensure that persons or | 2 | | entities that install distributed generation facilities have | 3 | | the requisite knowledge, skills, training, experience, and | 4 | | competence to perform functions in a safe and reliable manner | 5 | | as required under subsection (a) of Section 16-128 of this Act, | 6 | | as demonstrated by, at a minimum, completion or current | 7 | | participation and ultimate completion of an electrical | 8 | | apprenticeship program that is either registered with the | 9 | | United States Department of Labor or that includes no less than | 10 | | 8,000 hours of on-the-job training and related instruction . | 11 | | (c) No electric utility shall provide a retail customer | 12 | | with net metering service related to interconnection of that | 13 | | customer's distributed generation facility unless the customer | 14 | | provides the electric utility with (i) a certification that the | 15 | | customer installing the distributed generation facility was a | 16 | | self-installer or (ii) evidence that the distributed | 17 | | generation facility was installed by an entity certified under | 18 | | this Section that is also in good standing with the Commission. | 19 | | For purposes of this subsection, a retail customer includes | 20 | | that customer's employees, officers, and agents. An electric | 21 | | utility shall file a tariff or tariffs with the Commission | 22 | | setting forth the documentation, as specified by Commission | 23 | | rule, that a retail customer must provide to an electric | 24 | | utility. The provisions of this subsection (c) shall apply on | 25 | | or after the effective date of the Commission's rules | 26 | | prescribed pursuant to subsection (a) of this Section. |
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| 1 | | (d) Within 180 days after the effective date of this | 2 | | amendatory Act of the 97th General Assembly, the Commission | 3 | | shall initiate a rulemaking proceeding to establish | 4 | | certification requirements that shall be applicable to persons | 5 | | or entities that install, maintain, or repair electric vehicle | 6 | | charging stations. The notification and certification | 7 | | requirements of this Section shall only be applicable to | 8 | | individuals or entities that perform work on or within an | 9 | | electric vehicle charging station, including, but not limited | 10 | | to, connection of power to an electric vehicle charging | 11 | | station. | 12 | | For the purposes of this Section "electric vehicle charging | 13 | | station" means any facility or equipment that is used to charge | 14 | | a battery or other energy storage device of an electric | 15 | | vehicle. For purposes related to electric vehicle charging | 16 | | stations, "install", "installing", or "installation" means the | 17 | | major activities and actions required to connect, in accordance | 18 | | with applicable building and electrical codes, the conductors, | 19 | | connectors, and all associated fittings, devices, power | 20 | | outlets, or apparatuses mounted at the premises that are | 21 | | directly involved in delivering energy from the premises' | 22 | | electrical wiring to the electric vehicle charging station.
For | 23 | | purposes of this Section, "maintain", "maintaining", or | 24 | | "maintenance" means the major activities and actions required | 25 | | to keep in an appropriate, safe condition and operation the | 26 | | conductors, connectors, and all associated fittings, devices, |
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| 1 | | power outlets, or apparatuses mounted at the premises that are | 2 | | directly involved in delivering energy from the premises' | 3 | | electrical wiring to the electric vehicle charging station. For | 4 | | purposes of this Section, "repair" or "repairing" means the | 5 | | major activities and actions required to restore to a safe, | 6 | | sound condition and operation the conductors, connectors, and | 7 | | all associated fittings, devices, power outlets, or | 8 | | apparatuses mounted at the premises that are directly involved | 9 | | in delivering energy from the premises' electrical wiring to | 10 | | the electric vehicle charging station.
| 11 | | Rules regulating the installation, maintenance, or repair | 12 | | of electric vehicle charging stations, in which the Commission | 13 | | may establish separate requirements based upon the | 14 | | characteristics of electric vehicle charging stations, so long | 15 | | as it is in accordance with the requirements of subsection (a) | 16 | | of Section 16-128 and Section 16-128A of this Act, shall: | 17 | | (1) establish a certification process for persons or | 18 | | entities that install, maintain, or repair of electric | 19 | | vehicle charging stations; | 20 | | (2) require persons or entities that install, | 21 | | maintain, or repair electric vehicle stations to be | 22 | | certified to do business and to be bonded in the State; | 23 | | (3) ensure that persons or entities that install, | 24 | | maintain, or repair electric vehicle charging stations | 25 | | have the requisite knowledge, skills, training, | 26 | | experience, and competence to perform functions in a safe |
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| 1 | | and reliable manner as required under subsection (a) of | 2 | | Section 16-128 of this Act , as demonstrated by, at a | 3 | | minimum, completion or current participation and ultimate | 4 | | completion of an electrical apprenticeship program that is | 5 | | either registered with the United States Department of | 6 | | Labor or that includes no less than 8,000 hours of | 7 | | on-the-job training and related instruction ; | 8 | | (4) impose reasonable certification fees and penalties | 9 | | on persons or entities that install, maintain, or repair of | 10 | | electric vehicle charging stations for noncompliance of | 11 | | the rules adopted under this subsection; | 12 | | (5) ensure that all persons or entities that install, | 13 | | maintain, or repair electric vehicle charging stations | 14 | | conform to applicable building and electrical codes; | 15 | | (6) ensure that all electric vehicle charging stations | 16 | | meet recognized industry standards as the Commission deems | 17 | | appropriate, such as the National Electric Code (NEC) and | 18 | | standards developed or created by the Institute of | 19 | | Electrical and Electronics Engineers (IEEE), the Electric | 20 | | Power Research Institute (EPRI), the Detroit Edison | 21 | | Institute (DTE), the Underwriters Laboratory (UL), the | 22 | | Society of Automotive Engineers (SAE), and the National | 23 | | Institute of Standards and Technology (NIST); | 24 | | (7) include any additional requirements that the | 25 | | Commission deems reasonable to ensure that persons or | 26 | | entities that install, maintain, or repair electric |
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| 1 | | vehicle charging stations meet adequate training, | 2 | | financial, and competency requirements; | 3 | | (8) ensure that the obligations required under this | 4 | | Section and subsection (a) of Section 16-128 of this Act | 5 | | are met prior to the interconnection of any electric | 6 | | vehicle charging station; | 7 | | (9) ensure electric vehicle charging stations | 8 | | installed by a self-installer are not used for any | 9 | | commercial purpose; | 10 | | (10) establish an inspection procedure for the | 11 | | conversion of electric vehicle charging stations installed | 12 | | by a self-installer if it is determined that the | 13 | | self-installed electric vehicle charging station is being | 14 | | used for commercial purposes; | 15 | | (11) establish the requirement that all persons or | 16 | | entities that install electric vehicle charging stations | 17 | | shall notify the servicing electric utility in writing of | 18 | | plans to install an electric vehicle charging station and | 19 | | shall notify the servicing electric utility in writing when | 20 | | installation is complete; | 21 | | (12) ensure that all persons or entities that install, | 22 | | maintain, or repair electric vehicle charging stations | 23 | | obtain certificates of insurance in sufficient amounts and | 24 | | coverages that the Commission so determines and, if | 25 | | necessary as determined by the Commission, names the | 26 | | affected public utility as an additional insured; and |
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| 1 | | (13) identify and determine the training or other | 2 | | programs by which persons or entities may obtain the | 3 | | requisite training, skills, or experience necessary to | 4 | | achieve and maintain compliance with the requirements set | 5 | | forth in this subsection and subsection (a) of Section | 6 | | 16-128 to install, maintain, or repair electric vehicle | 7 | | charging stations. | 8 | | Within 18 months after the effective date of this | 9 | | amendatory Act of the 97th General Assembly, the Commission | 10 | | shall adopt rules, and may, if it deems necessary, adopt | 11 | | emergency rules, for the installation, maintenance, or repair | 12 | | of electric vehicle charging stations. | 13 | | All retail customers who own, maintain, or repair an | 14 | | electric vehicle charging station shall provide the servicing | 15 | | electric utility (i) a certification that the customer | 16 | | installing the electric vehicle charging station was a | 17 | | self-installer or (ii) evidence that the electric vehicle | 18 | | charging station was installed by an entity certified under | 19 | | this subsection (d) that is also in good standing with the | 20 | | Commission. For purposes of this subsection (d), a retail | 21 | | customer includes that retail customer's employees, officers, | 22 | | and agents. If the electric vehicle charging station was not | 23 | | installed by a self-installer, then the person or entity that | 24 | | plans to install the electric vehicle charging station shall | 25 | | provide notice to the servicing electric utility prior to | 26 | | installation and when installation is complete and provide any |
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| 1 | | other information required by the Commission's rules | 2 | | established under subsection (d) of this Section. An electric | 3 | | utility shall file a tariff or tariffs with the Commission | 4 | | setting forth the documentation, as specified by Commission | 5 | | rule, that a retail customer who owns, uses, operates, or | 6 | | maintains an electric vehicle charging station must provide to | 7 | | an electric utility. | 8 | | For the purposes of this subsection, an electric vehicle | 9 | | charging station shall constitute a distribution facility or | 10 | | equipment as that term is used in subsection (a) of Section | 11 | | 16-128 of this Act. The phrase "self-installer" means an | 12 | | individual who (i) leases or purchases an electric vehicle | 13 | | charging station for his or her own personal use and (ii) | 14 | | installs an electric vehicle charging station on his or her own | 15 | | premises without the assistance of any other person. | 16 | | (e) Fees and penalties collected under this Section shall | 17 | | be deposited into the Public Utility Fund and used to fund the | 18 | | Commission's compliance with the obligations imposed by this | 19 | | Section. | 20 | | (f) The rules established under subsection (d) of this | 21 | | Section shall specify the initial dates for compliance with the | 22 | | rules. | 23 | | (g) The certification of persons or entities that install, | 24 | | maintain, or repair distributed generation facilities and | 25 | | electric vehicle charging stations as set forth in this Section | 26 | | is an exclusive power and function of the State. A home rule |
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| 1 | | unit or other units of local government authority may subject | 2 | | persons or entities that install, maintain, or repair | 3 | | distributed generation facilities or electric vehicle charging | 4 | | stations as set forth in this Section to any applicable local | 5 | | licensing, siting, and permitting requirements otherwise | 6 | | permitted under law so long as only Commission-certified | 7 | | persons or entities are authorized to install, maintain, or | 8 | | repair distributed generation facilities or electric vehicle | 9 | | charging stations. This Section is a limitation under | 10 | | subsection (h) of Section 6 of Article VII of the Illinois | 11 | | Constitution on the exercise by home rule units of powers and | 12 | | functions exclusively exercised by the State. | 13 | | (Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
| 14 | | Section 99. Effective date. This Section and the changes to | 15 | | Section 16-128A of the Public Utilities Act take effect upon | 16 | | becoming law.".
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