SB0071sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/10/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 71

2    AMENDMENT NO. ______. Amend Senate Bill 71 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by changing
5Section 16-128A as follows:
 
6    (220 ILCS 5/16-128A)
7    (Text of Section before amendment by P.A. 99-906)
8    Sec. 16-128A. Certification of installers, maintainers, or
9repairers.
10    (a) Within 18 months of the effective date of this
11amendatory Act of the 97th General Assembly, the Commission
12shall adopt rules, including emergency rules, establishing
13certification requirements ensuring that entities installing
14distributed generation facilities are in compliance with the
15requirements of subsection (a) of Section 16-128 of this Act.
16    For purposes of this Section, the phrase "entities

 

 

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1installing distributed generation facilities" shall include,
2but not be limited to, all entities that are exempt from the
3definition of "alternative retail electric supplier" under
4item (v) of Section 16-102 of this Act. For purposes of this
5Section, the phrase "self-installer" means an individual who
6(i) leases or purchases a cogeneration facility for his or her
7own personal use and (ii) installs such cogeneration or
8self-generation facility on his or her own premises without the
9assistance of any other person.
10    (b) In addition to any authority granted to the Commission
11under this Act, the Commission is also authorized to: (1)
12determine which entities are subject to certification under
13this Section; (2) impose reasonable certification fees and
14penalties; (3) adopt disciplinary procedures; (4) investigate
15any and all activities subject to this Section, including
16violations thereof; (5) adopt procedures to issue or renew, or
17to refuse to issue or renew, a certification or to revoke,
18suspend, place on probation, reprimand, or otherwise
19discipline a certified entity under this Act or take other
20enforcement action against an entity subject to this Section;
21and (6) prescribe forms to be issued for the administration and
22enforcement of this Section.
23    (c) No electric utility shall provide a retail customer
24with net metering service related to interconnection of that
25customer's distributed generation facility unless the customer
26provides the electric utility with (i) a certification that the

 

 

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1customer installing the distributed generation facility was a
2self-installer or (ii) evidence that the distributed
3generation facility was installed by an entity certified under
4this Section that is also in good standing with the Commission.
5For purposes of this subsection, a retail customer includes
6that customer's employees, officers, and agents. An electric
7utility shall file a tariff or tariffs with the Commission
8setting forth the documentation, as specified by Commission
9rule, that a retail customer must provide to an electric
10utility. The provisions of this subsection (c) shall apply on
11or after the effective date of the Commission's rules
12prescribed pursuant to subsection (a) of this Section.
13    (d) Within 180 days after the effective date of this
14amendatory Act of the 97th General Assembly, the Commission
15shall initiate a rulemaking proceeding to establish
16certification requirements that shall be applicable to persons
17or entities that install, maintain, or repair electric vehicle
18charging stations. The notification and certification
19requirements of this Section shall only be applicable to
20individuals or entities that perform work on or within an
21electric vehicle charging station, including, but not limited
22to, connection of power to an electric vehicle charging
23station.
24    For the purposes of this Section "electric vehicle charging
25station" means any facility or equipment that is used to charge
26a battery or other energy storage device of an electric

 

 

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1vehicle.
2    Rules regulating the installation, maintenance, or repair
3of electric vehicle charging stations, in which the Commission
4may establish separate requirements based upon the
5characteristics of electric vehicle charging stations, so long
6as it is in accordance with the requirements of subsection (a)
7of Section 16-128 and Section 16-128A of this Act, shall:
8        (1) establish a certification process for persons or
9    entities that install, maintain, or repair of electric
10    vehicle charging stations;
11        (2) require persons or entities that install,
12    maintain, or repair electric vehicle stations to be
13    certified to do business and to be bonded in the State;
14        (3) ensure that persons or entities that install,
15    maintain, or repair electric vehicle charging stations
16    have the requisite knowledge, skills, training,
17    experience, and competence to perform functions in a safe
18    and reliable manner as required under subsection (a) of
19    Section 16-128 of this Act;
20        (4) impose reasonable certification fees and penalties
21    on persons or entities that install, maintain, or repair of
22    electric vehicle charging stations for noncompliance of
23    the rules adopted under this subsection;
24        (5) ensure that all persons or entities that install,
25    maintain, or repair electric vehicle charging stations
26    conform to applicable building and electrical codes;

 

 

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1        (6) ensure that all electric vehicle charging stations
2    meet recognized industry standards as the Commission deems
3    appropriate, such as the National Electric Code (NEC) and
4    standards developed or created by the Institute of
5    Electrical and Electronics Engineers (IEEE), the Electric
6    Power Research Institute (EPRI), the Detroit Edison
7    Institute (DTE), the Underwriters Laboratory (UL), the
8    Society of Automotive Engineers (SAE), and the National
9    Institute of Standards and Technology (NIST);
10        (7) include any additional requirements that the
11    Commission deems reasonable to ensure that persons or
12    entities that install, maintain, or repair electric
13    vehicle charging stations meet adequate training,
14    financial, and competency requirements;
15        (8) ensure that the obligations required under this
16    Section and subsection (a) of Section 16-128 of this Act
17    are met prior to the interconnection of any electric
18    vehicle charging station;
19        (9) ensure electric vehicle charging stations
20    installed by a self-installer are not used for any
21    commercial purpose;
22        (10) establish an inspection procedure for the
23    conversion of electric vehicle charging stations installed
24    by a self-installer if it is determined that the
25    self-installed electric vehicle charging station is being
26    used for commercial purposes;

 

 

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1        (11) establish the requirement that all persons or
2    entities that install electric vehicle charging stations
3    shall notify the servicing electric utility in writing of
4    plans to install an electric vehicle charging station and
5    shall notify the servicing electric utility in writing when
6    installation is complete;
7        (12) ensure that all persons or entities that install,
8    maintain, or repair electric vehicle charging stations
9    obtain certificates of insurance in sufficient amounts and
10    coverages that the Commission so determines and, if
11    necessary as determined by the Commission, names the
12    affected public utility as an additional insured; and
13        (13) identify and determine the training or other
14    programs by which persons or entities may obtain the
15    requisite training, skills, or experience necessary to
16    achieve and maintain compliance with the requirements set
17    forth in this subsection and subsection (a) of Section
18    16-128 to install, maintain, or repair electric vehicle
19    charging stations.
20    Within 18 months after the effective date of this
21amendatory Act of the 97th General Assembly, the Commission
22shall adopt rules, and may, if it deems necessary, adopt
23emergency rules, for the installation, maintenance, or repair
24of electric vehicle charging stations.
25    All retail customers who own, maintain, or repair an
26electric vehicle charging station shall provide the servicing

 

 

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1electric utility (i) a certification that the customer
2installing the electric vehicle charging station was a
3self-installer or (ii) evidence that the electric vehicle
4charging station was installed by an entity certified under
5this subsection (d) that is also in good standing with the
6Commission. For purposes of this subsection (d), a retail
7customer includes that retail customer's employees, officers,
8and agents. If the electric vehicle charging station was not
9installed by a self-installer, then the person or entity that
10plans to install the electric vehicle charging station shall
11provide notice to the servicing electric utility prior to
12installation and when installation is complete and provide any
13other information required by the Commission's rules
14established under subsection (d) of this Section. An electric
15utility shall file a tariff or tariffs with the Commission
16setting forth the documentation, as specified by Commission
17rule, that a retail customer who owns, uses, operates, or
18maintains an electric vehicle charging station must provide to
19an electric utility.
20    For the purposes of this subsection, an electric vehicle
21charging station shall constitute a distribution facility or
22equipment as that term is used in subsection (a) of Section
2316-128 of this Act. The phrase "self-installer" means an
24individual who (i) leases or purchases an electric vehicle
25charging station for his or her own personal use and (ii)
26installs an electric vehicle charging station on his or her own

 

 

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1premises without the assistance of any other person.
2    (e) Fees and penalties collected under this Section shall
3be deposited into the Public Utility Fund and used to fund the
4Commission's compliance with the obligations imposed by this
5Section.
6    (f) The rules established under subsection (d) of this
7Section shall specify the initial dates for compliance with the
8rules.
9    (g) The certification of persons or entities that install,
10maintain, or repair distributed generation facilities and
11electric vehicle charging stations as set forth in this Section
12is an exclusive power and function of the State. A home rule
13unit or other units of local government authority may subject
14persons or entities that install, maintain, or repair
15distributed generation facilities or electric vehicle charging
16stations as set forth in this Section to any applicable local
17licensing, siting, and permitting requirements otherwise
18permitted under law so long as only Commission-certified
19persons or entities are authorized to install, maintain, or
20repair distributed generation facilities or electric vehicle
21charging stations. This Section is a limitation under
22subsection (h) of Section 6 of Article VII of the Illinois
23Constitution on the exercise by home rule units of powers and
24functions exclusively exercised by the State.
25(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
 

 

 

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1    (Text of Section after amendment by P.A. 99-906)
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
26violations thereof; (5) adopt procedures to issue or renew, or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1rule, that a retail customer who owns, uses, operates, or
2maintains an electric vehicle charging station must provide to
3an electric utility.
4    For the purposes of this subsection, an electric vehicle
5charging station shall constitute a distribution facility or
6equipment as that term is used in subsection (a) of Section
716-128 of this Act. The phrase "self-installer" means an
8individual who (i) leases or purchases an electric vehicle
9charging station for his or her own personal use and (ii)
10installs an electric vehicle charging station on his or her own
11premises without the assistance of any other person.
12    (e) Fees and penalties collected under this Section shall
13be deposited into the Public Utility Fund and used to fund the
14Commission's compliance with the obligations imposed by this
15Section.
16    (f) The rules established under subsection (d) of this
17Section shall specify the initial dates for compliance with the
18rules.
19    (g) Within 18 months of the effective date of this
20amendatory Act of the 99th General Assembly, the Commission
21shall adopt rules, including emergency rules, establishing a
22process for entities installing a new utility-scale wind
23project or a new utility-scale solar project to certify
24compliance with the requirements of this Section. For purposes
25of this Section, the phrase "entities installing a new
26utility-scale wind project or a new utility-scale solar

 

 

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

 

 

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

 

 

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1(Source: P.A. 99-906, eff. 6-1-17.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law or on the date Public Act 99-906 takes effect,
11whichever is later.".