HB6610 93RD GENERAL ASSEMBLY

LRB093 18182 AMC 43877 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6610

Introduced 02/09/04, by Elaine Nekritz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Efficiency Illinois Act. Requires the Illinois Commerce Commission to propose, develop, solicit, and monitor energy efficiency and conservation programs and measures. Provides that the Commission shall establish by order or rule that each electric utility and each alternative retail electric supplier supplying electric power and energy to retail customers located in the State of Illinois shall contribute annually a pro rata share of a total amount of no less than $100,000,000 based upon the number of kilowatt-hours sold by each such entity in the 12 months preceding the year of contribution. Provides requirements for the collection of the pro rata shares. Lists the Illinois Commerce Commission's duties related to the energy efficiency and conservation programs. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning energy.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Efficiency Illinois Act.

Section 5. Programs.

(a) The Illinois Commerce Commission shall propose, develop, solicit, and monitor energy efficiency and conservation programs and measures. Such programs and measures and their implementation shall be approved by the Commission if it determines they will be beneficial to ratepayers after such notice and hearings as the Commission may require by order or by rule.

(b) The Commission shall, after notice and opportunity for hearing, provide for the development, implementation, and monitoring of gas and electric energy efficiency and conservation programs and measures, including programs and measures delivered in multiple service territories, by one or more entities appointed by the Commission for these purposes. The Commission may specify that the implementation of these programs and measures satisfies a utility's corresponding obligations, in whole or in part, under the Public Utilities Act and under any prior orders of the Commission.

(c) In addition to its existing authority, the Commission shall establish by order or rule that each electric utility as defined in Section 3-105 of the Public Utilities Act and each alternative retail electric supplier as defined in Section 16-102 of the Public Utilities Act supplying electric power and energy to retail customers located in the State of Illinois shall contribute annually a pro rata share of a total amount of no less than $100,000,000 based upon the number of kilowatt-hours sold by each such entity in the 12 months preceding the year of contribution. On or before May 1 of each year, the Illinois Commerce Commission shall determine and notify the one or more entities appointed by the Commission in subsection (b) of the pro rata share owed by each electric utility and each alternative retail electric supplier based upon information supplied annually to the Illinois Commerce Commission. On or before June 1 of each year, the entities appointed by the Commission in subsection (b) shall send written notification to each electric utility and each alternative retail electric supplier of the amount of pro rata share they owe. These contributions shall be remitted to a fund administrator appointed by the Commission on or before June 30 of each year the contribution is due on a return prescribed and furnished by the Commission showing such information as the Commission may reasonably require. Funds collected through these contributions shall not be funds of the State, shall not be available to meet the general obligations of the government, and shall not be included in the financial reports of the State. The Commission will annually provide the General Assembly with a report detailing the revenues collected and the expenditures made for energy efficiency programs under this Act.

(d) The charge established by the Commission pursuant to subsection (c) shall at a minimum provide $100,000,000 to support all energy efficiency programs authorized by the Commission by rule or order pursuant to subsection (c) in any fiscal year. No less than $100,000,000 of financial support for energy efficiency programs shall be authorized by the Commission by rule or order pursuant to subsection (b) of this Section in any fiscal year.

Section 10. Duties of the Illinois Commerce Commission. The Commission shall:

(1) Ensure that all customers, regardless of electricity or gas provider, will have an opportunity to participate in and benefit from a comprehensive set of cost-effective energy efficiency and demand reduction programs and initiatives designed to overcome barriers to participation.

(2) Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency and demand reduction services.

(3) Build on the energy efficiency and demand reduction expertise and capabilities that have developed or may develop in the State.

(4) Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation.

(5) Promote coordinated program delivery, including coordination with low income weatherization programs, other efficiency and demand reduction programs, and utility programs.

(6) Consider innovative approaches to delivering energy efficiency and demand reduction, including strategies to encourage third party financing and customer contributions to the cost of efficiency and demand reduction measures.

(7) Provide a reasonably stable multi-year budget and planning cycle and promote program improvement, program stability, and maturation of programs and delivery resources.

(8) Approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits.

(9) Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services and cost-effective delivery mechanisms.

(10) Provide for the independent evaluation of programs delivered under Section 5 of this Act.

(11) Require that any entity approved by the Commission under Section 5 of this Act deliver Commission-approved programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with any relevant Commission orders in subsequent energy efficiency and demand reduction proceedings.

(12) Require verification, on or before January 1, 2007, and every 3 years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity appointed by the Commission to deliver energy efficiency and demand reduction programs under subsection (b) of Section 5 of this Act.

(13) Ensure that any energy efficiency or demand reduction program approved by the Commission shall be reasonable and cost-effective.

Section 99. Effective date. This Act takes effect upon becoming law.