093_HB0386ham001

 










                                     LRB093 06673 JLS 11916 a

 1                     AMENDMENT TO HOUSE BILL 386

 2        AMENDMENT NO.     .  Amend House Bill  386  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Renewable Energy, Energy Efficiency, and
 5    Coal Resources Development Law of 1997 is amended by changing
 6    Section 6-5 as follows:

 7        (20 ILCS 687/6-5)
 8        (Section scheduled to be repealed on December 16, 2007)
 9        Sec.  6-5. Renewable Energy Resources and Coal Technology
10    Development Assistance Charge.
11        (a)  Notwithstanding the provisions of Section 16-111  of
12    the  Public  Utilities  Act  but subject to subsection (e) of
13    this Section, each public utility, electric  cooperative,  as
14    defined  in  Section  3.4  of  the Electric Supplier Act, and
15    municipal utility, as referenced  in  Section  3-105  of  the
16    Public  Utilities  Act,  that  is  engaged in the delivery of
17    electricity or the distribution of  natural  gas  within  the
18    State  of  Illinois  shall, effective January 1, 1998, assess
19    each of its customer  accounts  a  monthly  Renewable  Energy
20    Resources  and Coal Technology Development Assistance Charge.
21    The delivering public  utility,  municipal  electric  or  gas
22    utility,  or electric or gas cooperative for a self-assessing
 
                            -2-      LRB093 06673 JLS 11916 a
 1    purchaser remains  subject  to  the  collection  of  the  fee
 2    imposed  by  this  Section.   The  monthly charge shall be as
 3    follows:
 4             (1)  $0.05 per month on each account for residential
 5        electric service as defined in Section 13 of  the  Energy
 6        Assistance Act;
 7             (2)  $0.05 per month on each account for residential
 8        gas  service  as  defined  in  Section  13  of the Energy
 9        Assistance Act;
10             (3)  $0.50   per   month   on   each   account   for
11        nonresidential electric service, as defined in Section 13
12        of the Energy Assistance Act,  which  had  less  than  10
13        megawatts  of  peak  demand  during the previous calendar
14        year;
15             (4)  $0.50   per   month   on   each   account   for
16        nonresidential gas service, as defined in Section  13  of
17        the  Energy  Assistance  Act, which had distributed to it
18        less than 4,000,000 therms of  gas  during  the  previous
19        calendar year;
20             (5)  $37.50   per   month   on   each   account  for
21        nonresidential electric service, as defined in Section 13
22        of the Energy Assistance Act, which had 10  megawatts  or
23        greater of peak demand during the previous calendar year;
24        and
25             (6)  $37.50   per   month   on   each   account  for
26        nonresidential gas service, as defined in Section  13  of
27        the  Energy  Assistance  Act, which had 4,000,000 or more
28        therms of gas  distributed  to  it  during  the  previous
29        calendar year.
30        (b)  The  Renewable  Energy Resources and Coal Technology
31    Development Assistance Charge assessed by  electric  and  gas
32    public  utilities  shall  be  considered  a charge for public
33    utility service.
34        (c)  Fifty percent of the moneys  collected  pursuant  to
 
                            -3-      LRB093 06673 JLS 11916 a
 1    this  Section  shall  be  deposited  in  the Renewable Energy
 2    Resources Trust  Fund  by  the  Department  of  Revenue.  The
 3    remaining 50 percent of the moneys collected pursuant to this
 4    Section shall be deposited in the Coal Technology Development
 5    Assistance  Fund  by  the Department of Revenue for use under
 6    the Illinois Coal Technology Development Assistance Act.
 7        (d)  By the 20th day of the month following the month  in
 8    which  the  charges  imposed  by this Section were collected,
 9    each  utility  and  alternative  retail   electric   supplier
10    collecting  charges  pursuant  to this Section shall remit to
11    the Department of Revenue for deposit in the Renewable Energy
12    Resources Trust Fund  and  the  Coal  Technology  Development
13    Assistance  Fund  all  moneys received, except as provided in
14    this subsection, as payment of the  charge  provided  for  in
15    this  Section  on  a  return  prescribed and furnished by the
16    Department  of  Revenue  showing  such  information  as   the
17    Department  of  Revenue may reasonably require. A utility may
18    deduct an amount from collected receipts, not to  exceed  the
19    amount  designated  for  the Renewable Energy Resources Trust
20    Fund,  for  expenses  incurred  to  develop,  maintain,   and
21    administer   its   net  electricity  metering  pilot  program
22    required by Section 16-107.5 of  the  Public  Utilities  Act.
23    Such expenses shall include the following, and are subject to
24    Illinois Commerce Commission approval:
25             (1)  expenses  incurred  to  develop  and  submit  a
26        report  of  results of the pilot programs to the Illinois
27        Commerce Commission;
28             (2)  expenses incurred  to  install,  maintain,  and
29        operate  metering  required to measure customer usage for
30        the purposes of administering the pilot program;
31             (3)  expenses incurred to perform an interconnection
32        study  and  execute  an  interconnection  agreement  with
33        customers in the pilot program;
34             (4)  incremental  expenses   incurred   to   provide
 
                            -4-      LRB093 06673 JLS 11916 a
 1        customers  a  bill  (costs  above those that are normally
 2        incurred to provide customers a bill in  the  absence  of
 3        the pilot program);
 4             (5)  to  the  extent  that  any  credit  for  energy
 5        generated that is paid to the customer exceeds the energy
 6        credit  stated  in  utility's  tariff filed in compliance
 7        with 83 Ill. Adm.  Code  430.60,  the  utility  shall  be
 8        entitled  to  a  credit on the difference between what is
 9        paid to the customer and what would have been paid  using
10        the utility tariff described above; and
11             (6)  expenses  incurred  to  develop, file, and gain
12        approval of a net electricity metering pilot program from
13        the Illinois Commerce Commission.
14        (e)  The charges imposed by this Section shall only apply
15    to customers of  municipal  electric  or  gas  utilities  and
16    electric or gas cooperatives if the municipal electric or gas
17    utility  or  electric or gas cooperative makes an affirmative
18    decision to impose the charge. If a municipal electric or gas
19    utility  or  an  electric  or  gas   cooperative   makes   an
20    affirmative  decision  to  impose the charge provided by this
21    Section, the municipal electric or gas utility or electric or
22    gas cooperative shall inform the  Department  of  Revenue  in
23    writing of such decision when it begins to impose the charge.
24    If  a  municipal  electric  or gas utility or electric or gas
25    cooperative does not assess this charge, its customers  shall
26    not be eligible for the Renewable Energy Resources Program.
27        (f)  The  Department  of Revenue may establish such rules
28    as it deems necessary to implement this Section.
29    (Source: P.A. 92-690, eff. 7-18-02.)

30        Section 10.  The  Public  Utilities  Act  is  amended  by
31    adding Section 16-107.5 as follows:

32        (220 ILCS 5/16-107.5 new)
 
                            -5-      LRB093 06673 JLS 11916 a
 1        Sec. 16-107.5.  Net electricity metering pilot program.
 2        (a)  The  Legislature  finds  and  declares  that a pilot
 3    program to provide net energy metering, as  defined  in  this
 4    Section,   for   eligible  customers  can  encourage  private
 5    investment in renewable energy resources, stimulate  economic
 6    growth,  enhance  the  continued diversification of Illinois'
 7    energy resource mix, and protect the Illinois environment.
 8        (b)  As used in this Section,  (i)   "eligible  customer"
 9    means a retail residential or business customer that owns and
10    operates  a solar or wind electrical generating facility with
11    a capacity of not more than 40 kilowatts that is  located  on
12    the  customer's  premises and is intended primarily to offset
13    part or all of the customer's own electrical requirements and
14    (ii) "net energy metering" means the measurement, during  the
15    billing period applicable to an eligible customer, of the net
16    amount of electricity delivered by an electric utility to the
17    customer's  premises  or  provided to the electric utility by
18    the customer.
19        (c)  An electric utility shall establish a net electrical
20    energy metering pilot program for its eligible customers.  An
21    electric  utility shall establish separate pilot programs for
22    its  residential  customers  and  its   business   customers.
23    However,   if   an  electric  utility  has  conducted  a  net
24    electrical energy  metering  pilot  program  for  either  its
25    residential customers or its business customers, or both, and
26    the  pilot program was initiated before the effective date of
27    this  amendatory  Act  of  the  93rd  General  Assembly,  the
28    electric public utility need only file  the  report  required
29    under subsection (d).
30        (d)  An  electric utility shall report the results of its
31    pilot programs to the Commerce  Commission  by  December  31,
32    2005.  The Commission shall provide a summary and an analysis
33    of  the reports to the General Assembly no later than January
34    31, 2006.
 
                            -6-      LRB093 06673 JLS 11916 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".