093_HB0386eng

 
HB0386 Engrossed                     LRB093 06673 JLS 06807 b

 1        AN ACT concerning public utilities.

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

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 8        (Section scheduled to be repealed on December 16, 2007)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

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

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

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