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Public Act 097-1128


 

Public Act 1128 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1128
 
HB5071 EnrolledLRB097 20038 CEL 65359 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. The Electric Vehicle Act is amended by adding
Section 25 as follows:
 
    (20 ILCS 627/25 new)
    Sec. 25. Charging station installations. The installation,
maintenance, and repair of an electric vehicle charging station
shall comply with the requirements of subsection (a) of Section
16-128 and Section 16-128A of the Public Utilities Act.
 
    Section 5. The Public Utilities Act is amended by changing
Sections 3-105, 16-102, and 16-128A as follows:
 
    (220 ILCS 5/3-105)  (from Ch. 111 2/3, par. 3-105)
    Sec. 3-105. Public utility.
    (a) "Public utility" means and includes, except where
otherwise expressly provided in this Section, every
corporation, company, limited liability company, association,
joint stock company or association, firm, partnership or
individual, their lessees, trustees, or receivers appointed by
any court whatsoever that owns, controls, operates or manages,
within this State, directly or indirectly, for public use, any
plant, equipment or property used or to be used for or in
connection with, or owns or controls any franchise, license,
permit or right to engage in:
        (1) the production, storage, transmission, sale,
    delivery or furnishing of heat, cold, power, electricity,
    water, or light, except when used solely for communications
    purposes;
        (2) the disposal of sewerage; or
        (3) the conveyance of oil or gas by pipe line.
    (b) "Public utility" does not include, however:
        (1) public utilities that are owned and operated by any
    political subdivision, public institution of higher
    education or municipal corporation of this State, or public
    utilities that are owned by such political subdivision,
    public institution of higher education, or municipal
    corporation and operated by any of its lessees or operating
    agents;
        (2) water companies which are purely mutual concerns,
    having no rates or charges for services, but paying the
    operating expenses by assessment upon the members of such a
    company and no other person;
        (3) electric cooperatives as defined in Section 3-119;
        (4) the following natural gas cooperatives:
            (A) residential natural gas cooperatives that are
        not-for-profit corporations established for the
        purpose of administering and operating, on a
        cooperative basis, the furnishing of natural gas to
        residences for the benefit of their members who are
        residential consumers of natural gas. For entities
        qualifying as residential natural gas cooperatives and
        recognized by the Illinois Commerce Commission as
        such, the State shall guarantee legally binding
        contracts entered into by residential natural gas
        cooperatives for the express purpose of acquiring
        natural gas supplies for their members. The Illinois
        Commerce Commission shall establish rules and
        regulations providing for such guarantees. The total
        liability of the State in providing all such guarantees
        shall not at any time exceed $1,000,000, nor shall the
        State provide such a guarantee to a residential natural
        gas cooperative for more than 3 consecutive years; and
            (B) natural gas cooperatives that are
        not-for-profit corporations operated for the purpose
        of administering, on a cooperative basis, the
        furnishing of natural gas for the benefit of their
        members and that, prior to 90 days after the effective
        date of this amendatory Act of the 94th General
        Assembly, either had acquired or had entered into an
        asset purchase agreement to acquire all or
        substantially all of the operating assets of a public
        utility or natural gas cooperative with the intention
        of operating those assets as a natural gas cooperative;
        (5) sewage disposal companies which provide sewage
    disposal services on a mutual basis without establishing
    rates or charges for services, but paying the operating
    expenses by assessment upon the members of the company and
    no others;
        (6) (Blank);
        (7) cogeneration facilities, small power production
    facilities, and other qualifying facilities, as defined in
    the Public Utility Regulatory Policies Act and regulations
    promulgated thereunder, except to the extent State
    regulatory jurisdiction and action is required or
    authorized by federal law, regulations, regulatory
    decisions or the decisions of federal or State courts of
    competent jurisdiction;
        (8) the ownership or operation of a facility that sells
    compressed natural gas at retail to the public for use only
    as a motor vehicle fuel and the selling of compressed
    natural gas at retail to the public for use only as a motor
    vehicle fuel;
        (9) alternative retail electric suppliers as defined
    in Article XVI; and
        (10) the Illinois Power Agency.
    (c) An entity that furnishes the service of charging
electric vehicles does not and shall not be deemed to sell
electricity and is not and shall not be deemed a public utility
notwithstanding the basis on which the service is provided or
billed. If, however, the entity is otherwise deemed a public
utility under this Act, or is otherwise subject to regulation
under this Act, then that entity is not exempt from and remains
subject to the otherwise applicable provisions of this Act. The
installation, maintenance, and repair of an electric vehicle
charging station shall comply with the requirements of
subsection (a) of Section 16-128 and Section 16-128A of this
Act.
    For purposes of this subsection, the term "electric
vehicles" has the meaning ascribed to that term in Section 10
of the Electric Vehicle Act.
(Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)
 
    (220 ILCS 5/16-102)
    Sec. 16-102. Definitions. For the purposes of this Article
the following terms shall be defined as set forth in this
Section.
    "Alternative retail electric supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm,
partnership, individual, or other entity, their lessees,
trustees, or receivers appointed by any court whatsoever, that
offers electric power or energy for sale, lease or in exchange
for other value received to one or more retail customers, or
that engages in the delivery or furnishing of electric power or
energy to such retail customers, and shall include, without
limitation, resellers, aggregators and power marketers, but
shall not include (i) electric utilities (or any agent of the
electric utility to the extent the electric utility provides
tariffed services to retail customers through that agent), (ii)
any electric cooperative or municipal system as defined in
Section 17-100 to the extent that the electric cooperative or
municipal system is serving retail customers within any area in
which it is or would be entitled to provide service under the
law in effect immediately prior to the effective date of this
amendatory Act of 1997, (iii) a public utility that is owned
and operated by any public institution of higher education of
this State, or a public utility that is owned by such public
institution of higher education and operated by any of its
lessees or operating agents, within any area in which it is or
would be entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act
of 1997, (iv) a retail customer to the extent that customer
obtains its electric power and energy from that customer's own
cogeneration or self-generation facilities, (v) an entity that
owns, operates, sells, or arranges for the installation of a
customer's own cogeneration or self-generation facilities, but
only to the extent the entity is engaged in owning, selling or
arranging for the installation of such facility, or operating
the facility on behalf of such customer, provided however that
any such third party owner or operator of a facility built
after January 1, 1999, complies with the labor provisions of
Section 16-128(a) as though such third party were an
alternative retail electric supplier, or (vi) an industrial or
manufacturing customer that owns its own distribution
facilities, to the extent that the customer provides service
from that distribution system to a third-party contractor
located on the customer's premises that is integrally and
predominantly engaged in the customer's industrial or
manufacturing process; provided, that if the industrial or
manufacturing customer has elected delivery services, the
customer shall pay transition charges applicable to the
electric power and energy consumed by the third-party
contractor unless such charges are otherwise paid by the third
party contractor, which shall be calculated based on the usage
of, and the base rates or the contract rates applicable to, the
third-party contractor in accordance with Section 16-102.
    An entity that furnishes the service of charging electric
vehicles does not and shall not be deemed to sell electricity
and is not and shall not be deemed an alternative retail
electric supplier, and is not subject to regulation as such
under this Act notwithstanding the basis on which the service
is provided or billed. If, however, the entity is otherwise
deemed an alternative retail electric supplier under this Act,
or is otherwise subject to regulation under this Act, then that
entity is not exempt from and remains subject to the otherwise
applicable provisions of this Act. The installation,
maintenance, and repair of an electric vehicle charging station
shall comply with the requirements of subsection (a) of Section
16-128 and Section 16-128A of this Act.
    For purposes of this Section, the term "electric vehicles"
has the meaning ascribed to that term in Section 10 of the
Electric Vehicle Act.
    "Base rates" means the rates for those tariffed services
that the electric utility is required to offer pursuant to
subsection (a) of Section 16-103 and that were identified in a
rate order for collection of the electric utility's base rate
revenue requirement, excluding (i) separate automatic rate
adjustment riders then in effect, (ii) special or negotiated
contract rates, (iii) delivery services tariffs filed pursuant
to Section 16-108, (iv) real-time pricing, or (v) tariffs that
were in effect prior to October 1, 1996 and that based charges
for services on an index or average of other utilities'
charges, but including (vi) any subsequent redesign of such
rates for tariffed services that is authorized by the
Commission after notice and hearing.
    "Competitive service" includes (i) any service that has
been declared to be competitive pursuant to Section 16-113 of
this Act, (ii) contract service, and (iii) services, other than
tariffed services, that are related to, but not necessary for,
the provision of electric power and energy or delivery
services.
    "Contract service" means (1) services, including the
provision of electric power and energy or other services, that
are provided by mutual agreement between an electric utility
and a retail customer that is located in the electric utility's
service area, provided that, delivery services shall not be a
contract service until such services are declared competitive
pursuant to Section 16-113; and also means (2) the provision of
electric power and energy by an electric utility to retail
customers outside the electric utility's service area pursuant
to Section 16-116. Provided, however, contract service does not
include electric utility services provided pursuant to (i)
contracts that retail customers are required to execute as a
condition of receiving tariffed services, or (ii) special or
negotiated rate contracts for electric utility services that
were entered into between an electric utility and a retail
customer prior to the effective date of this amendatory Act of
1997 and filed with the Commission.
    "Delivery services" means those services provided by the
electric utility that are necessary in order for the
transmission and distribution systems to function so that
retail customers located in the electric utility's service area
can receive electric power and energy from suppliers other than
the electric utility, and shall include, without limitation,
standard metering and billing services.
    "Electric utility" means a public utility, as defined in
Section 3-105 of this Act, that has a franchise, license,
permit or right to furnish or sell electricity to retail
customers within a service area.
    "Mandatory transition period" means the period from the
effective date of this amendatory Act of 1997 through January
1, 2007.
    "Municipal system" shall have the meaning set forth in
Section 17-100.
    "Real-time pricing" means tariffed retail charges for
delivered electric power and energy that vary hour-to-hour and
are determined from wholesale market prices using a methodology
approved by the Illinois Commerce Commission.
    "Retail customer" means a single entity using electric
power or energy at a single premises and that (A) either (i) is
receiving or is eligible to receive tariffed services from an
electric utility, or (ii) that is served by a municipal system
or electric cooperative within any area in which the municipal
system or electric cooperative is or would be entitled to
provide service under the law in effect immediately prior to
the effective date of this amendatory Act of 1997, or (B) an
entity which on the effective date of this Act was receiving
electric service from a public utility and (i) was engaged in
the practice of resale and redistribution of such electricity
within a building prior to January 2, 1957, or (ii) was
providing lighting services to tenants in a multi-occupancy
building, but only to the extent such resale, redistribution or
lighting service is authorized by the electric utility's
tariffs that were on file with the Commission on the effective
date of this Act.
    "Service area" means (i) the geographic area within which
an electric utility was lawfully entitled to provide electric
power and energy to retail customers as of the effective date
of this amendatory Act of 1997, and includes (ii) the location
of any retail customer to which the electric utility was
lawfully providing electric utility services on such effective
date.
    "Small commercial retail customer" means those
nonresidential retail customers of an electric utility
consuming 15,000 kilowatt-hours or less of electricity
annually in its service area.
    "Tariffed service" means services provided to retail
customers by an electric utility as defined by its rates on
file with the Commission pursuant to the provisions of Article
IX of this Act, but shall not include competitive services.
    "Transition charge" means a charge expressed in cents per
kilowatt-hour that is calculated for a customer or class of
customers as follows for each year in which an electric utility
is entitled to recover transition charges as provided in
Section 16-108:
        (1) the amount of revenue that an electric utility
    would receive from the retail customer or customers if it
    were serving such customers' electric power and energy
    requirements as a tariffed service based on (A) all of the
    customers' actual usage during the 3 years ending 90 days
    prior to the date on which such customers were first
    eligible for delivery services pursuant to Section 16-104,
    and (B) on (i) the base rates in effect on October 1, 1996
    (adjusted for the reductions required by subsection (b) of
    Section 16-111, for any reduction resulting from a rate
    decrease under Section 16-101(b), for any restatement of
    base rates made in conjunction with an elimination of the
    fuel adjustment clause pursuant to subsection (b), (d), or
    (f) of Section 9-220 and for any removal of decommissioning
    costs from base rates pursuant to Section 16-114) and any
    separate automatic rate adjustment riders (other than a
    decommissioning rate as defined in Section 16-114) under
    which the customers were receiving or, had they been
    customers, would have received electric power and energy
    from the electric utility during the year immediately
    preceding the date on which such customers were first
    eligible for delivery service pursuant to Section 16-104,
    or (ii) to the extent applicable, any contract rates,
    including contracts or rates for consolidated or
    aggregated billing, under which such customers were
    receiving electric power and energy from the electric
    utility during such year;
        (2) less the amount of revenue, other than revenue from
    transition charges and decommissioning rates, that the
    electric utility would receive from such retail customers
    for delivery services provided by the electric utility,
    assuming such customers were taking delivery services for
    all of their usage, based on the delivery services tariffs
    in effect during the year for which the transition charge
    is being calculated and on the usage identified in
    paragraph (1);
        (3) less the market value for the electric power and
    energy that the electric utility would have used to supply
    all of such customers' electric power and energy
    requirements, as a tariffed service, based on the usage
    identified in paragraph (1), with such market value
    determined in accordance with Section 16-112 of this Act;
        (4) less the following amount which represents the
    amount to be attributed to new revenue sources and cost
    reductions by the electric utility through the end of the
    period for which transition costs are recovered pursuant to
    Section 16-108, referred to in this Article XVI as a
    "mitigation factor":
            (A) for nonresidential retail customers, an amount
        equal to the greater of (i) 0.5 cents per kilowatt-hour
        during the period October 1, 1999 through December 31,
        2004, 0.6 cents per kilowatt-hour in calendar year
        2005, and 0.9 cents per kilowatt-hour in calendar year
        2006, multiplied in each year by the usage identified
        in paragraph (1), or (ii) an amount equal to the
        following percentages of the amount produced by
        applying the applicable base rates (adjusted as
        described in subparagraph (1)(B)) or contract rate to
        the usage identified in paragraph (1): 8% for the
        period October 1, 1999 through December 31, 2002, 10%
        in calendar years 2003 and 2004, 11% in calendar year
        2005 and 12% in calendar year 2006; and
            (B) for residential retail customers, an amount
        equal to the following percentages of the amount
        produced by applying the base rates in effect on
        October 1, 1996 (adjusted as described in subparagraph
        (1)(B)) to the usage identified in paragraph (1): (i)
        6% from May 1, 2002 through December 31, 2002, (ii) 7%
        in calendar years 2003 and 2004, (iii) 8% in calendar
        year 2005, and (iv) 10% in calendar year 2006;
        (5) divided by the usage of such customers identified
    in paragraph (1),
provided that the transition charge shall never be less than
zero.
    "Unbundled service" means a component or constituent part
of a tariffed service which the electric utility subsequently
offers separately to its customers.
(Source: P.A. 94-977, eff. 6-30-06.)
 
    (220 ILCS 5/16-128A)
    Sec. 16-128A. Certification of installers, maintainers, or
repairers.
    (a) Within 18 months of the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, including emergency rules, establishing
certification requirements ensuring that entities installing
distributed generation facilities are in compliance with the
requirements of subsection (a) of Section 16-128 of this Act.
    For purposes of this Section, the phrase "entities
installing distributed generation facilities" shall include,
but not be limited to, all entities that are exempt from the
definition of "alternative retail electric supplier" under
item (v) of Section 16-102 of this Act. For purposes of this
Section, the phrase "self-installer" means an individual who
(i) leases or purchases a cogeneration facility for his or her
own personal use and (ii) installs such cogeneration or
self-generation facility on his or her own premises without the
assistance of any other person.
    (b) In addition to any authority granted to the Commission
under this Act, the Commission is also authorized to: (1)
determine which entities are subject to certification under
this Section; (2) impose reasonable certification fees and
penalties; (3) adopt disciplinary procedures; (4) investigate
any and all activities subject to this Section, including
violations thereof; (5) adopt procedures to issue or renew, or
to refuse to issue or renew, a certification or to revoke,
suspend, place on probation, reprimand, or otherwise
discipline a certified entity under this Act or take other
enforcement action against an entity subject to this Section;
and (6) prescribe forms to be issued for the administration and
enforcement of this Section.
    (c) No electric utility shall provide a retail customer
with net metering service related to interconnection of that
customer's distributed generation facility unless the customer
provides the electric utility with (i) a certification that the
customer installing the distributed generation facility was a
self-installer or (ii) evidence that the distributed
generation facility was installed by an entity certified under
this Section that is also in good standing with the Commission.
For purposes of this subsection, a retail customer includes
that customer's employees, officers, and agents. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer must provide to an electric
utility. The provisions of this subsection (c) shall apply on
or after the effective date of the Commission's rules
prescribed pursuant to subsection (a) of this Section.
    (d) Within 180 days after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall initiate a rulemaking proceeding to establish
certification requirements that shall be applicable to persons
or entities vendors that install, maintain, or repair electric
vehicle charging stations. The notification and certification
requirements of this Section shall only be applicable to
individuals or entities that perform work on or within an
electric vehicle charging station, including, but not limited
to, connection of power to an electric vehicle charging
station.
    For the purposes of this Section "electric vehicle charging
station" means any facility or equipment that is used to charge
a battery or other energy storage device of an electric
vehicle.
    Rules regulating the installation, maintenance, or repair
of electric vehicle charging stations, in which the Commission
may establish separate requirements based upon the
characteristics of electric vehicle charging stations, so long
as it is in accordance with the requirements of subsection (a)
of Section 16-128 and Section 16-128A of this Act, shall:
        (1) establish a certification process for persons or
    entities that install, maintain, or repair of electric
    vehicle charging stations;
        (2) require persons or entities that install,
    maintain, or repair electric vehicle stations to be
    certified to do business and to be bonded in the State;
        (3) ensure that persons or entities that install,
    maintain, or repair electric vehicle charging stations
    have the requisite knowledge, skills, training,
    experience, and competence to perform functions in a safe
    and reliable manner as required under subsection (a) of
    Section 16-128 of this Act;
        (4) impose reasonable certification fees and penalties
    on persons or entities that install, maintain, or repair of
    electric vehicle charging stations for noncompliance of
    the rules adopted under this subsection;
        (5) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    conform to applicable building and electrical codes;
        (6) ensure that all electric vehicle charging stations
    meet recognized industry standards as the Commission deems
    appropriate, such as the National Electric Code (NEC) and
    standards developed or created by the Institute of
    Electrical and Electronics Engineers (IEEE), the Electric
    Power Research Institute (EPRI), the Detroit Edison
    Institute (DTE), the Underwriters Laboratory (UL), the
    Society of Automotive Engineers (SAE), and the National
    Institute of Standards and Technology (NIST);
        (7) include any additional requirements that the
    Commission deems reasonable to ensure that persons or
    entities that install, maintain, or repair electric
    vehicle charging stations meet adequate training,
    financial, and competency requirements;
        (8) ensure that the obligations required under this
    Section and subsection (a) of Section 16-128 of this Act
    are met prior to the interconnection of any electric
    vehicle charging station;
        (9) ensure electric vehicle charging stations
    installed by a self-installer are not used for any
    commercial purpose;
        (10) establish an inspection procedure for the
    conversion of electric vehicle charging stations installed
    by a self-installer if it is determined that the
    self-installed electric vehicle charging station is being
    used for commercial purposes;
        (11) establish the requirement that all persons or
    entities that install electric vehicle charging stations
    shall notify the servicing electric utility in writing of
    plans to install an electric vehicle charging station and
    shall notify the servicing electric utility in writing when
    installation is complete;
        (12) ensure that all persons or entities that install,
    maintain, or repair electric vehicle charging stations
    obtain certificates of insurance in sufficient amounts and
    coverages that the Commission so determines and, if
    necessary as determined by the Commission, names the
    affected public utility as an additional insured; and
        (13) identify and determine the training or other
    programs by which persons or entities may obtain the
    requisite training, skills, or experience necessary to
    achieve and maintain compliance with the requirements set
    forth in this subsection and subsection (a) of Section
    16-128 to install, maintain, or repair electric vehicle
    charging stations.
    Within 18 months after the effective date of this
amendatory Act of the 97th General Assembly, the Commission
shall adopt rules, and may, if it deems necessary, adopt
emergency rules, for the installation, maintenance, or repair
of electric vehicle charging stations.
    All retail customers who own, maintain, or repair an
electric vehicle charging station shall provide the servicing
electric utility (i) a certification that the customer
installing the electric vehicle charging station was a
self-installer or (ii) evidence that the electric vehicle
charging station was installed by an entity certified under
this subsection (d) that is also in good standing with the
Commission. For purposes of this subsection (d), a retail
customer includes that retail customer's employees, officers,
and agents. If the electric vehicle charging station was not
installed by a self-installer, then the person or entity that
plans to install the electric vehicle charging station shall
provide notice to the servicing electric utility prior to
installation and when installation is complete and provide any
other information required by the Commission's rules
established under subsection (d) of this Section. An electric
utility shall file a tariff or tariffs with the Commission
setting forth the documentation, as specified by Commission
rule, that a retail customer who owns, uses, operates, or
maintains an electric vehicle charging station must provide to
an electric utility.
    For the purposes of this subsection, an electric vehicle
charging station shall constitute a distribution facility or
equipment as that term is used in subsection (a) of Section
16-128 of this Act. The phrase "self-installer" means an
individual who (i) leases or purchases an electric vehicle
charging station for his or her own personal use and (ii)
installs an electric vehicle charging station on his or her own
premises without the assistance of any other person.
    (e) Fees and penalties collected under this Section shall
be deposited into the Public Utility Fund and used to fund the
Commission's compliance with the obligations imposed by this
Section.
    (f) The rules established under subsection (d) of this
Section shall specify the initial dates for compliance with the
rules.
    (g) The certification of persons or entities that install,
maintain, or repair distributed generation facilities and
electric vehicle charging stations as set forth in this Section
is an exclusive power and function of the State. A home rule
unit or other units of local government authority may subject
persons or entities that install, maintain, or repair
distributed generation facilities or electric vehicle charging
stations as set forth in this Section to any applicable local
licensing, siting, and permitting requirements otherwise
permitted under law so long as only Commission-certified
persons or entities are authorized to install, maintain, or
repair distributed generation facilities or electric vehicle
charging stations. This Section is a limitation under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution on the exercise by home rule units of powers and
functions exclusively exercised by the State.
(Source: P.A. 97-616, eff. 10-26-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2012