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| Public Act 095-0311 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by adding | ||||
Section 17-800 as
follows:
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(220 ILCS 5/17-800 new)
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Sec. 17-800. Aggregation of electrical load by | ||||
municipalities and counties. The corporate authorities of a | ||||
municipality or county board of a county
may
adopt an | ||||
ordinance, under which it may aggregate in accordance with this
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Section residential retail electrical loads located, | ||||
respectively, within the
municipality or
county and, for that | ||||
purpose, may solicit bids and enter into service
agreements to | ||||
facilitate
for those
loads the sale and purchase of electricity | ||||
and related services and equipment.
The corporate authorities | ||||
or county
board also
may exercise such authority jointly with | ||||
any other municipality or county.
An
ordinance under this | ||||
Section shall specify whether the aggregation will occur
only | ||||
with
the prior consent of each person owning, occupying, | ||||
controlling, or using an
electric load
center proposed to be | ||||
aggregated. Nothing in this Section,
however,
authorizes the | ||||
aggregation of electric loads that are served or authorized to | ||||
be served by an electric cooperative as defined by and pursuant | ||||
to the Electric Supplier Act or loads served by a municipality | ||
that owns and operates its own electric distribution system. No
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aggregation pursuant to an ordinance adopted
under this Section | ||
that provides for an election under this Section shall take
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effect unless
approved by a majority of the electors voting | ||
upon the ordinance at the
election held
pursuant to this | ||
Section.
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A governmental aggregator under this Section is not a | ||
public utility or an
alternative retail electric supplier and
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shall be subject to supervision and regulation by the
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Commission only to the extent provided in this Section.
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A municipality may initiate a process to authorize | ||
aggregation by a majority
vote of the municipal council, with | ||
the approval of the mayor. A county may
initiate the
process to | ||
authorize aggregation by a majority vote of the county board. | ||
Two or
more
municipalities or counties, or a combination of | ||
both, may initiate a
process
jointly to authorize aggregation | ||
by a majority vote of each particular
municipality or
county as | ||
herein required.
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Upon the applicable requisite authority under this | ||
Section, the corporate
authorities or the county board shall | ||
develop a plan of operation and
governance for the
aggregation | ||
program so authorized. Before adopting a plan under this | ||
Section,
the
corporate authorities or county board shall hold | ||
at least 2 public hearings on
the plan.
Before the first | ||
hearing, the corporate authorities or county board shall
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publish notice of
the hearings once a week for 2 consecutive | ||
weeks in a newspaper of general
circulation
in the | ||
jurisdiction. The notice shall summarize the plan and state the | ||
date,
time, and
location of each hearing.
Any load aggregation | ||
plan established pursuant to this Section shall:
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(1) provide for universal
access to all applicable | ||
residential customers and equitable treatment of | ||
applicable
residential customers;
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(2) describe demand management and energy efficiency | ||
services to be
provided to each class of customers;
and
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(3) meet any requirements established by law or the | ||
Commission
concerning aggregated service offered pursuant | ||
to this Section.
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The plan shall be filed with the Commission for
review and | ||
approval and shall include, without limitation, an | ||
organizational
structure of
the program, its operations, and | ||
funding; the methods of establishing rates and
allocating
costs | ||
among participants; the methods for entering and terminating | ||
agreements
with other
entities; the rights and | ||
responsibilities of program participants; and
procedures for | ||
termination of the
program. Within 120 days after receipt of | ||
the plan, the Commission shall issue
an order either approving | ||
or rejecting the plan. If the Commission rejects the
plan, it | ||
shall state detailed reasons for rejecting the plan in its | ||
order.
Upon approval of the plan, the corporate authorities or | ||
county
board may
solicit bids for electricity and other related | ||
services pursuant to the methods
established in
the plan. The | ||
corporate authorities or county board shall report the results | ||
of
this
solicitation and proposed
agreement awards to the | ||
Commission, which shall have 15
business days to suspend such | ||
awards if the solicitation or awards
are not in
conformance | ||
with the plan or if the cost for energy would in the first year
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exceed the cost
of that energy if that energy was obtained from | ||
an electric utility under
Section 16-103 of this Act by
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citizens in the municipality or county or group of | ||
municipalities and counties,
unless the
applicant can | ||
demonstrate that the cost for energy under the aggregation plan
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will be
lower in the subsequent years or the applicant can | ||
demonstrate that such excess
cost is
due to the purchase of | ||
renewable energy. If the
Commission does not suspend the | ||
proposed contract awards within 15 business
days
after
filing, | ||
the corporate authorities or county board shall have the right | ||
to award
the proposed
agreements.
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It shall be the duty of the aggregated entity to fully | ||
inform
residential retail customers in advance that they have | ||
the right to opt in to the aggregation program.
The disclosure | ||
shall prominently state all charges to be made and
shall | ||
include
full disclosure of the cost to obtain service pursuant | ||
to Section 16-103 of this Act, how
to access it,
and the fact | ||
that it is available to them without penalty, if they are
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currently receiving
service under that Section. The Commission | ||
shall furnish, without charge, to
any citizen a
list of all | ||
supply options available to them in a format that
allows
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comparison of prices and products. | ||
This Section does not prohibit municipalities or counties | ||
from entering into an intergovernmental agreement to aggregate | ||
residential retail electric loads.
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