Public Act 100-0016
 
SB0071 EnrolledLRB100 05891 RJF 15917 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




  
 
    Section 5. The Public Utilities Act is amended  by changing 
Section 16-128A as follows:
 
    (220 ILCS 5/16-128A)
    (Text of Section before amendment by P.A. 99-906)
    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 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; 97-1128, eff. 8-28-12.)
 
    (Text of Section after amendment by P.A. 99-906)
    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 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) Within 18 months of the effective date of this 
amendatory Act of the 99th General Assembly, the Commission 
shall adopt rules, including emergency rules, establishing a 
process for entities installing a new utility-scale wind 
project or a new utility-scale solar project to certify 
compliance with the requirements of this Section.  For purposes 
of this Section, the phrase "entities installing a new 
utility-scale wind project or a new utility-scale solar 
project" shall include, but is not limited to, any entity 
installing new wind projects or new photovoltaic projects as 
such terms are defined in subsection (c) of Section 1-75 of the 
Illinois Power Agency Act.
    The process shall include an option to complete the 
certification electronically by completing forms on-line.  An 
entity installing a new utility-scale wind project or a new 
utility-scale solar project shall be permitted to complete 
certification after the subject work has been completed.   The 
Commission shall maintain on its website a list of entities 
installing new utility-scale wind projects or new 
utility-scale solar projects measures that have successfully 
completed the certification process.
    (h) 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 
subsection (g) of this Section; (2) impose reasonable 
certification fees and penalties; (3) adopt disciplinary 
procedures; (4) investigate any and all activities subject to 
subsection (g) or this subsection (h) of 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 subsection (g) of this 
Section or take other enforcement action against an entity 
subject to subsection (g) or this subsection (h) of this 
Section; (6) prescribe forms to be issued for the 
administration and enforcement of subsection (g) and this 
subsection (h) of this Section; and (7) establish requirements 
to ensure that entities installing a new wind project or a new 
photovoltaic project have the requisite knowledge, skills, 
training, experience, and competence to perform in a safe and 
reliable manner as required by subsection (a) of Section 16-128 
of this Act. 
    (i) The certification of persons or entities that install, 
maintain, or repair new wind projects, new photovoltaic 
projects, 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 new wind 
projects, new photovoltaic projects, 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 new wind projects, 
new photovoltaic projects, 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. 99-906, eff. 6-1-17.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law or on the date Public Act 99-906 takes effect, 
whichever is later.