Rep. Dave Vella
Filed: 2/26/2024
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1 | AMENDMENT TO HOUSE BILL 1198 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1198 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Public Utilities Act is amended by | ||||||
5 | changing Section 16-128A as follows: | ||||||
6 | (220 ILCS 5/16-128A) | ||||||
7 | Sec. 16-128A. Certification of installers, maintainers, or | ||||||
8 | repairers. | ||||||
9 | (a) Within 18 months of the effective date of this | ||||||
10 | amendatory Act of the 97th General Assembly, the Commission | ||||||
11 | shall adopt rules, including emergency rules, establishing | ||||||
12 | certification requirements ensuring that entities installing | ||||||
13 | distributed generation facilities are in compliance with the | ||||||
14 | requirements of subsection (a) of Section 16-128 of this Act. | ||||||
15 | For purposes of this Section, the phrase "entities | ||||||
16 | installing distributed generation facilities" shall include, |
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1 | but not be limited to, all entities that are exempt from the | ||||||
2 | definition of "alternative retail electric supplier" under | ||||||
3 | item (v) of Section 16-102 of this Act. For purposes of this | ||||||
4 | Section, the phrase "self-installer" means an individual who | ||||||
5 | (i) leases or purchases a cogeneration facility for his or her | ||||||
6 | own personal use and (ii) installs such cogeneration or | ||||||
7 | self-generation facility on his or her own premises without | ||||||
8 | the assistance of any other person. | ||||||
9 | (b) In addition to any authority granted to the Commission | ||||||
10 | under this Act, the Commission is also authorized to: (1) | ||||||
11 | determine which entities are subject to certification under | ||||||
12 | this Section; (2) impose reasonable certification fees and | ||||||
13 | penalties; (3) adopt disciplinary procedures; (4) investigate | ||||||
14 | any and all activities subject to this Section, including | ||||||
15 | violations thereof; (5) adopt procedures to issue or renew, or | ||||||
16 | to refuse to issue or renew, a certification or to revoke, | ||||||
17 | suspend, place on probation, reprimand, or otherwise | ||||||
18 | discipline a certified entity under this Act or take other | ||||||
19 | enforcement action against an entity subject to this Section; | ||||||
20 | and (6) prescribe forms to be issued for the administration | ||||||
21 | and enforcement of this Section. | ||||||
22 | (c) No electric utility shall provide a retail customer | ||||||
23 | with net metering service related to interconnection of that | ||||||
24 | customer's distributed generation facility unless the customer | ||||||
25 | provides the electric utility with (i) a certification that | ||||||
26 | the customer installing the distributed generation facility |
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1 | was a self-installer or (ii) evidence that the distributed | ||||||
2 | generation facility was installed by an entity certified under | ||||||
3 | this Section that is also in good standing with the | ||||||
4 | Commission. For purposes of this subsection, a retail customer | ||||||
5 | includes that customer's employees, officers, and agents. An | ||||||
6 | electric utility shall file a tariff or tariffs with the | ||||||
7 | Commission setting forth the documentation, as specified by | ||||||
8 | Commission rule, that a retail customer must provide to an | ||||||
9 | electric utility. The provisions of this subsection (c) shall | ||||||
10 | apply on or after the effective date of the Commission's rules | ||||||
11 | prescribed pursuant to subsection (a) of this Section. | ||||||
12 | (d) Within 180 days after the effective date of this | ||||||
13 | amendatory Act of the 103rd General Assembly this amendatory | ||||||
14 | Act of the 97th General Assembly , the Commission shall | ||||||
15 | initiate a rulemaking proceeding to establish certification | ||||||
16 | requirements that shall apply be applicable to persons or | ||||||
17 | entities that install, maintain, or repair electric vehicle | ||||||
18 | charging systems stations . The notification and certification | ||||||
19 | requirements of this Section shall only be applicable to | ||||||
20 | individuals or entities that perform work on or within an | ||||||
21 | electric vehicle charging system station, including, but not | ||||||
22 | limited to, connection of power to an electric vehicle | ||||||
23 | charging station . | ||||||
24 | For the purposes of this Section "electric vehicle | ||||||
25 | charging system station " means any facility or equipment that | ||||||
26 | is used to charge a battery or other energy storage device of |
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1 | an electric vehicle installed in Illinois, including the | ||||||
2 | electric vehicle supply equipment (EVSE), associated wiring | ||||||
3 | and raceways, electrical service upgrades, and energy | ||||||
4 | management and metering equipment installed in Illinois. A | ||||||
5 | "qualified vehicle charging system" does not include work | ||||||
6 | traditionally performed by other trades, including, but not | ||||||
7 | limited to, the installation, maintenance, or repair of rebar, | ||||||
8 | protective bollards, and signage . | ||||||
9 | As used in this Section, "qualified electrician" means an | ||||||
10 | electrician employed by a licensed, bonded, and insured | ||||||
11 | electrical contractor who has completed training specific to | ||||||
12 | the electric vehicle equipment, electrical construction, and | ||||||
13 | safety through the Electric Vehicle Infrastructure Training | ||||||
14 | Program (EVITP) certification, as required by the National | ||||||
15 | Electric Vehicle Infrastructure (NEVI) program facilitated by | ||||||
16 | the United States Department of Transportation. | ||||||
17 | Rules regulating the installation, maintenance, or repair | ||||||
18 | of electric vehicle charging systems stations , in which the | ||||||
19 | Commission may establish separate requirements based upon the | ||||||
20 | characteristics of electric vehicle charging stations, so long | ||||||
21 | as it is in accordance with the requirements of subsection (a) | ||||||
22 | of Section 16-128 and Section 16-128A of this Act, shall: | ||||||
23 | (1) establish a certification process to mandate that | ||||||
24 | all electric vehicle charging systems in Illinois are | ||||||
25 | installed, maintained, and repaired by qualified | ||||||
26 | electricians for persons or entities that install, |
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1 | maintain, or repair of electric vehicle charging stations ; | ||||||
2 | (2) require persons or entities that install, | ||||||
3 | maintain, or repair electric vehicle stations to be | ||||||
4 | certified to do business and to be bonded in the State; | ||||||
5 | (3) (blank); ensure that persons or entities that | ||||||
6 | install, maintain, or repair electric vehicle charging | ||||||
7 | stations have the requisite knowledge, skills, training, | ||||||
8 | experience, and competence to perform functions in a safe | ||||||
9 | and reliable manner as required under subsection (a) of | ||||||
10 | Section 16-128 of this Act; | ||||||
11 | (4) impose reasonable certification fees and penalties | ||||||
12 | on persons or entities that install, maintain, or repair | ||||||
13 | of electric vehicle charging stations for noncompliance of | ||||||
14 | the rules adopted under this subsection; | ||||||
15 | (5) (blank); ensure that all persons or entities that | ||||||
16 | install, maintain, or repair electric vehicle charging | ||||||
17 | stations conform to applicable building and electrical | ||||||
18 | codes; | ||||||
19 | (6) ensure that all electric vehicle charging stations | ||||||
20 | meet recognized industry standards as the Commission deems | ||||||
21 | appropriate, such as the National Electric Code (NEC) and | ||||||
22 | standards developed or created by the Institute of | ||||||
23 | Electrical and Electronics Engineers (IEEE), the Electric | ||||||
24 | Power Research Institute (EPRI), the Detroit Edison | ||||||
25 | Institute (DTE), the Underwriters Laboratory (UL), the | ||||||
26 | Society of Automotive Engineers (SAE), and the National |
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1 | Institute of Standards and Technology (NIST); | ||||||
2 | (7) (blank); include any additional requirements that | ||||||
3 | the Commission deems reasonable to ensure that persons or | ||||||
4 | entities that install, maintain, or repair electric | ||||||
5 | vehicle charging stations meet adequate training, | ||||||
6 | financial, and competency requirements; | ||||||
7 | (8) ensure that the obligations required under this | ||||||
8 | Section and subsection (a) of Section 16-128 of this Act | ||||||
9 | are met prior to the interconnection of any electric | ||||||
10 | vehicle charging station; | ||||||
11 | (9) (blank); ensure electric vehicle charging stations | ||||||
12 | installed by a self-installer are not used for any | ||||||
13 | commercial purpose; | ||||||
14 | (10) (blank); establish an inspection procedure for | ||||||
15 | the conversion of electric vehicle charging stations | ||||||
16 | installed by a self-installer if it is determined that the | ||||||
17 | self-installed electric vehicle charging station is being | ||||||
18 | used for commercial purposes; | ||||||
19 | (11) establish the requirement that all persons or | ||||||
20 | entities that install electric vehicle charging stations | ||||||
21 | shall notify the servicing electric utility in writing of | ||||||
22 | plans to install an electric vehicle charging station and | ||||||
23 | shall notify the servicing electric utility in writing | ||||||
24 | when installation is complete; | ||||||
25 | (12) ensure that all persons or entities that install, | ||||||
26 | maintain, or repair electric vehicle charging stations |
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1 | obtain certificates of insurance in sufficient amounts and | ||||||
2 | coverages that the Commission so determines and, if | ||||||
3 | necessary as determined by the Commission, names the | ||||||
4 | affected public utility as an additional insured; and | ||||||
5 | (13) (blank). identify and determine the training or | ||||||
6 | other programs by which persons or entities may obtain the | ||||||
7 | requisite training, skills, or experience necessary to | ||||||
8 | achieve and maintain compliance with the requirements set | ||||||
9 | forth in this subsection and subsection (a) of Section | ||||||
10 | 16-128 to install, maintain, or repair electric vehicle | ||||||
11 | charging stations. | ||||||
12 | Within 18 months after the effective date of this | ||||||
13 | amendatory Act of the 103rd General Assembly this amendatory | ||||||
14 | Act of the 97th General Assembly , the Commission shall adopt | ||||||
15 | rules, and may, if it deems necessary, adopt emergency rules, | ||||||
16 | for the installation, maintenance, or repair of electric | ||||||
17 | vehicle charging stations. | ||||||
18 | All retail customers who own , maintain, or repair an | ||||||
19 | electric vehicle charging station shall provide the servicing | ||||||
20 | electric utility (i) a certification that the customer | ||||||
21 | installing the electric vehicle charging station was a | ||||||
22 | self-installer or (ii) evidence that the electric vehicle | ||||||
23 | charging station was installed by a qualified electrician an | ||||||
24 | entity certified under this subsection (d) that is also in | ||||||
25 | good standing with the Commission . For purposes of this | ||||||
26 | subsection (d), a retail customer includes that retail |
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1 | customer's employees, officers, and agents. A qualified | ||||||
2 | electrician If the electric vehicle charging station was not | ||||||
3 | installed by a self-installer, then the person or entity that | ||||||
4 | plans to install the electric vehicle charging station shall | ||||||
5 | provide notice to the servicing electric utility prior to | ||||||
6 | installation and when installation is complete and provide any | ||||||
7 | other information required by the Commission's rules | ||||||
8 | established under subsection (d) of this Section. An electric | ||||||
9 | utility shall file a tariff or tariffs with the Commission | ||||||
10 | setting forth the documentation, as specified by Commission | ||||||
11 | rule, that a retail customer who owns, uses, or operates , or | ||||||
12 | maintains an electric vehicle charging station must provide to | ||||||
13 | an electric utility. | ||||||
14 | For the purposes of this subsection, an electric vehicle | ||||||
15 | charging station shall constitute a distribution facility or | ||||||
16 | equipment as that term is used in subsection (a) of Section | ||||||
17 | 16-128 of this Act. The phrase "self-installer" means an | ||||||
18 | individual who (i) leases or purchases an electric vehicle | ||||||
19 | charging station for his or her own personal use and (ii) | ||||||
20 | installs an electric vehicle charging station on his or her | ||||||
21 | own premises without the assistance of any other person. | ||||||
22 | (e) Fees and penalties collected under this Section shall | ||||||
23 | be deposited into the Public Utility Fund and used to fund the | ||||||
24 | Commission's compliance with the obligations imposed by this | ||||||
25 | Section. | ||||||
26 | (f) The rules established under subsection (d) of this |
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1 | Section shall specify the initial dates for compliance with | ||||||
2 | the rules. | ||||||
3 | (g) Within 18 months of the effective date of this | ||||||
4 | amendatory Act of the 99th General Assembly, the Commission | ||||||
5 | shall adopt rules, including emergency rules, establishing a | ||||||
6 | process for entities installing a new utility-scale solar | ||||||
7 | project to certify compliance with the requirements of this | ||||||
8 | Section. For purposes of this Section, the phrase "entities | ||||||
9 | installing a new utility-scale solar project" shall include, | ||||||
10 | but is not limited to, any entity installing new photovoltaic | ||||||
11 | projects as such terms are defined in subsection (c) of | ||||||
12 | Section 1-75 of the Illinois Power Agency Act. | ||||||
13 | The process shall include an option to complete the | ||||||
14 | certification electronically by completing forms online | ||||||
15 | on-line . An entity installing a new utility-scale solar | ||||||
16 | project shall be permitted to complete certification after the | ||||||
17 | subject work has been completed. The Commission shall maintain | ||||||
18 | on its website a list of entities installing new utility-scale | ||||||
19 | solar projects measures that have successfully completed the | ||||||
20 | certification process. | ||||||
21 | (h) In addition to any authority granted to the Commission | ||||||
22 | under this Act, the Commission is also authorized to: (1) | ||||||
23 | determine which entities are subject to certification under | ||||||
24 | subsection (g) of this Section; (2) impose reasonable | ||||||
25 | certification fees and penalties; (3) adopt disciplinary | ||||||
26 | procedures; (4) investigate any and all activities subject to |
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1 | subsection (g) or this subsection (h) of this Section, | ||||||
2 | including violations thereof; (5) adopt procedures to issue or | ||||||
3 | renew, or to refuse to issue or renew, a certification or to | ||||||
4 | revoke, suspend, place on probation, reprimand, or otherwise | ||||||
5 | discipline a certified entity under subsection (g) of this | ||||||
6 | Section or take other enforcement action against an entity | ||||||
7 | subject to subsection (g) or this subsection (h) of this | ||||||
8 | Section; (6) prescribe forms to be issued for the | ||||||
9 | administration and enforcement of subsection (g) and this | ||||||
10 | subsection (h) of this Section; and (7) establish requirements | ||||||
11 | to ensure that entities installing a new photovoltaic project | ||||||
12 | have the requisite knowledge, skills, training, experience, | ||||||
13 | and competence to perform in a safe and reliable manner as | ||||||
14 | required by subsection (a) of Section 16-128 of this Act. | ||||||
15 | (i) The certification of persons or entities that install, | ||||||
16 | maintain, or repair new photovoltaic projects, distributed | ||||||
17 | generation facilities, and electric vehicle charging stations | ||||||
18 | as set forth in this Section is an exclusive power and function | ||||||
19 | of the State. A home rule unit or other units of local | ||||||
20 | government authority may subject persons or entities that | ||||||
21 | install, maintain, or repair new photovoltaic projects, | ||||||
22 | distributed generation facilities, or electric vehicle | ||||||
23 | charging stations as set forth in this Section to any | ||||||
24 | applicable local licensing, siting, and permitting | ||||||
25 | requirements otherwise permitted under law so long as only | ||||||
26 | Commission-certified persons or entities are authorized to |
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1 | install, maintain, or repair new photovoltaic projects, | ||||||
2 | distributed generation facilities, or electric vehicle | ||||||
3 | charging stations. This Section is a limitation under | ||||||
4 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
5 | Constitution on the exercise by home rule units of powers and | ||||||
6 | functions exclusively exercised by the State. | ||||||
7 | (Source: P.A. 99-906, eff. 6-1-17; 100-16, eff. 6-30-17.) | ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.". |