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Full Text of HB1913  97th General Assembly

HB1913 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1913

 

Introduced , by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/16-107.5

    Amends the Public Utilities Act. Changes the definitions of "eligible customer" and "eligible renewable electrical generating facility" as used in certain provisions concerning net electricity metering. Deletes a provision allowing the electricity provider, in the case of non-residential customers, to arrange for the local electric utility or a meter service provider to install and maintain metering equipment capable of measuring the flow of electricity both into and out of the customer's facility at the same rate and ratio, typically through the use of a dual channel meter. Deletes a provision that requires an electricity provider to require dual-channel metering for non-residential customers operating eligible renewable electrical generating facilities with a nameplate rating over 40 kilowatts and up to 2,000 kilowatts. Provides that an electricity provider shall provide net metering to eligible customers until the load of its net metering customers equals 5% (instead of 1%) of the total peak demand supplied by that electricity provider during the previous year. Provides that each electricity provider shall (rather than shall consider whether to) allow meter aggregation for the purposes of net metering on certain properties. Provides that meter aggregation shall be allowed whether the eligible renewable energy generating device is located on the premises of the eligible customer or is interconnected to the distribution grid of the eligible customer's electricity provider or alternative retail electric supplier. Provides that meter aggregation shall be subject to the terms and conditions approved by the Illinois Commerce Commission. Makes other changes.


LRB097 10567 ASK 50915 b

 

 

A BILL FOR

 

HB1913LRB097 10567 ASK 50915 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 16-107.5 as follows:
 
6    (220 ILCS 5/16-107.5)
7    Sec. 16-107.5. Net electricity metering.
8    (a) The Legislature finds and declares that a program to
9provide net electricity metering, as defined in this Section,
10for eligible customers can encourage private investment in
11renewable energy resources, stimulate economic growth, enhance
12the continued diversification of Illinois' energy resource
13mix, and protect the Illinois environment.
14    (b) As used in this Section, (i) "eligible customer" means
15a retail customer that owns or operates a solar, wind, or other
16eligible renewable electrical generating facility with a rated
17capacity of not more than 2,000 kilowatts that is located on
18the customer's premises or is interconnected to the
19distribution grid of the customer's electricity provider or
20alternative retail electric supplier and is intended primarily
21to offset the customer's own electrical requirements; (ii)
22"electricity provider" means an electric utility or
23alternative retail electric supplier; (iii) "eligible

 

 

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1renewable electrical generating facility" means a generator
2powered by solar electric energy, wind, dedicated crops grown
3for electricity generation, agricultural residues, untreated
4and unadulterated wood waste, landscape trimmings, livestock
5manure, anaerobic digestion of livestock or food processing
6waste, fuel cells or microturbines powered by renewable fuels,
7or hydroelectric energy; and (iv) "net electricity metering"
8(or "net metering") means the measurement, during the billing
9period applicable to an eligible customer, of the net amount of
10electricity supplied by an electricity provider to the
11customer's premises or provided to the electricity provider by
12the customer.
13    (c) A net metering facility shall be equipped with metering
14equipment that can measure the flow of electricity in both
15directions at the same rate. For eligible residential
16customers, this shall typically be accomplished through use of
17a single, bi-directional meter. If the eligible customer's
18existing electric revenue meter does not meet this requirement,
19the electricity provider shall arrange for the local electric
20utility or a meter service provider to install and maintain a
21new revenue meter at the electricity provider's expense. For
22non-residential customers, the electricity provider may
23arrange for the local electric utility or a meter service
24provider to install and maintain metering equipment capable of
25measuring the flow of electricity both into and out of the
26customer's facility at the same rate and ratio, typically

 

 

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1through the use of a dual channel meter. For generators with a
2nameplate rating of 40 kilowatts and below, the costs of
3installing such equipment shall be paid for by the electricity
4provider. For generators with a nameplate rating over 40
5kilowatts and up to 2,000 kilowatts capacity, the costs of
6installing such equipment shall be paid for by the customer.
7Any subsequent revenue meter change necessitated by any
8eligible customer shall be paid for by the customer.
9    (d) An electricity provider shall measure and charge or
10credit for the net electricity supplied to eligible customers
11or provided by eligible customers in the following manner:
12        (1) If the amount of electricity used by the customer
13    during the billing period exceeds the amount of electricity
14    produced by the customer, the electricity provider shall
15    charge the customer for the net electricity supplied to and
16    used by the customer as provided in subsection (e) of this
17    Section.
18        (2) If the amount of electricity produced by a customer
19    during the billing period exceeds the amount of electricity
20    used by the customer during that billing period, the
21    electricity provider supplying that customer shall apply a
22    1:1 kilowatt-hour credit to a subsequent bill for service
23    to the customer for the net electricity supplied to the
24    electricity provider. The electricity provider shall
25    continue to carry over any excess kilowatt-hour credits
26    earned and apply those credits to subsequent billing

 

 

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1    periods to offset any customer-generator consumption in
2    those billing periods until all credits are used or until
3    service is terminated or until the end of the annualized
4    period.
5        (3) In At the end of the year or annualized over the
6    period that service is supplied by means of net metering,
7    or in the event that the retail customer terminates service
8    with the electricity provider prior to the end of the year
9    or the annualized period, any remaining credits in the
10    customer's account shall expire.
11    (e) An electricity provider shall provide to net metering
12customers electric service at non-discriminatory rates that
13are identical, with respect to rate structure, retail rate
14components, and any monthly charges, to the rates that the
15customer would be charged if not a net metering customer. An
16electricity provider shall not charge net metering customers
17any fee or charge or require additional equipment, insurance,
18or any other requirements not specifically authorized by
19interconnection standards authorized by the Commission, unless
20the fee, charge, or other requirement would apply to other
21similarly situated customers who are not net metering
22customers. The customer will remain responsible for all taxes,
23fees, and utility delivery charges that would otherwise be
24applicable to the net amount of electricity used by the
25customer. Subsections (c) through (e) of this Section shall not
26be construed to prevent an arms-length agreement between an

 

 

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1electricity provider and an eligible customer that sets forth
2different prices, terms, and conditions for the provision of
3net metering service, including, but not limited to, the
4provision of the appropriate metering equipment for
5non-residential customers.
6    (f) Notwithstanding the requirements of subsections (c)
7through (e) of this Section, an electricity provider must
8require dual-channel metering for non-residential customers
9operating eligible renewable electrical generating facilities
10with a nameplate rating over 40 kilowatts and up to 2,000
11kilowatts. In such cases, electricity charges and credits shall
12be determined as follows:
13        (1) The electricity provider shall assess and the
14    customer remains responsible for all taxes, fees, and
15    utility delivery charges that would otherwise be
16    applicable to the gross amount of kilowatt-hours supplied
17    to the eligible customer by the electricity provider.
18        (2) Each month that service is supplied by means of
19    dual-channel metering, the electricity provider shall
20    compensate the eligible customer for any excess
21    kilowatt-hour credits at the electricity provider's
22    avoided cost of electricity supply over the monthly period
23    or as otherwise specified by the terms of a power-purchase
24    agreement negotiated between the customer and electricity
25    provider.
26        (3) For all eligible net metering customers taking

 

 

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1    service from an electricity provider under contracts or
2    tariffs employing time of use rates, any monthly
3    consumption of electricity shall be calculated according
4    to the terms of the contract or tariff to which the same
5    customer would be assigned to or be eligible for if the
6    customer was not a net metering customer. When those same
7    customer-generators are net generators during any discrete
8    time of use period, the net kilowatt-hours produced shall
9    be valued at the same price per kilowatt-hour as the
10    electric service provider would charge for retail
11    kilowatt-hour sales during that same time of use period.
12    (g) For purposes of federal and State laws providing
13renewable energy credits or greenhouse gas credits, the
14eligible customer shall be treated as owning and having title
15to the renewable energy attributes, renewable energy credits,
16and greenhouse gas emission credits related to any electricity
17produced by the qualified generating unit. The electricity
18provider may not condition participation in a net metering
19program on the signing over of a customer's renewable energy
20credits; provided, however, this subsection (g) shall not be
21construed to prevent an arms-length agreement between an
22electricity provider and an eligible customer that sets forth
23the ownership or title of the credits.
24    (h) Within 120 days after the effective date of this
25amendatory Act of the 95th General Assembly, the Commission
26shall establish standards for net metering and, if the

 

 

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1Commission has not already acted on its own initiative,
2standards for the interconnection of eligible renewable
3generating equipment to the utility system. The
4interconnection standards shall address any procedural
5barriers, delays, and administrative costs associated with the
6interconnection of customer-generation while ensuring the
7safety and reliability of the units and the electric utility
8system. The Commission shall consider the Institute of
9Electrical and Electronics Engineers (IEEE) Standard 1547 and
10the issues of (i) reasonable and fair fees and costs, (ii)
11clear timelines for major milestones in the interconnection
12process, (iii) nondiscriminatory terms of agreement, and (iv)
13any best practices for interconnection of distributed
14generation.
15    (i) All electricity providers shall begin to offer net
16metering no later than April 1, 2008.
17    (j) An electricity provider shall provide net metering to
18eligible customers until the load of its net metering customers
19equals 5% 1% of the total peak demand supplied by that
20electricity provider during the previous year. Electricity
21providers are authorized to offer net metering beyond the 5% 1%
22level if they so choose. The number of new eligible customers
23with generators that have a nameplate rating of 40 kilowatts
24and below will be limited to 200 total new billing accounts for
25the utilities (Ameren Companies, ComEd, and MidAmerican) for
26the period of April 1, 2008 through March 31, 2009.

 

 

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1    (k) Each electricity provider shall maintain records and
2report annually to the Commission the total number of net
3metering customers served by the provider, as well as the type,
4capacity, and energy sources of the generating systems used by
5the net metering customers. Nothing in this Section shall limit
6the ability of an electricity provider to request the redaction
7of information deemed by the Commission to be confidential
8business information. Each electricity provider shall notify
9the Commission when the total generating capacity of its net
10metering customers is equal to or in excess of the 1% cap
11specified in subsection (j) of this Section.
12    (l) Notwithstanding the definition of "eligible customer"
13in item (i) of subsection (b) of this Section, each electricity
14provider shall consider whether to allow meter aggregation for
15the purposes of net metering on:
16        (1) properties owned or leased by multiple customers
17    that contribute to the operation of an eligible renewable
18    electrical generating facility, such as a community-owned
19    wind project, a community-owned biomass project, a
20    community-owned solar project, or a community methane
21    digester processing livestock waste from multiple sources;
22    and
23        (2) individual units, apartments, or properties owned
24    or leased by multiple customers and collectively served by
25    a common eligible renewable electrical generating
26    facility, such as an apartment building served by

 

 

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1    photovoltaic panels on the roof; and .
2        (3) multiple meters that are located on an eligible
3    customer's contiguous property and are used to measure only
4    electricity used for the eligible customer's requirements.
5    For the purposes of this subsection (l), "meter
6aggregation" means the combination of reading and billing on a
7pro rata basis for the types of eligible customers described in
8this Section such as to allocate benefits of participation onto
9the customers' monthly electric bills. Meter aggregation shall
10be allowed whether the eligible renewable energy generating
11device is located on the premises of the eligible customer or
12is interconnected to the distribution grid of the eligible
13customer's electricity provider or alternative retail electric
14supplier. Such meter aggregation shall be subject to the terms
15and conditions approved by the Commission in a proceeding
16establishing the rules applicable to meter aggregation under
17this subsection (l), which shall commence no less than 180 days
18after the effective date of this amendatory Act of the 97th
19General Assembly and be completed within 365 days after the
20effective date of this amendatory Act of the 97th General
21Assembly.
22    (m) Nothing in this Section shall affect the right of an
23electricity provider to continue to provide, or the right of a
24retail customer to continue to receive service pursuant to a
25contract for electric service between the electricity provider
26and the retail customer in accordance with the prices, terms,

 

 

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1and conditions provided for in that contract. Either the
2electricity provider or the customer may require compliance
3with the prices, terms, and conditions of the contract.
4(Source: P.A. 95-420, eff. 8-24-07.)