HB4977 Engrossed LRB094 16740 MKM 52011 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 Public Utilities Act is amended by adding
5 Article XX as follows:
 
6     (220 ILCS 5/Art. XX heading new)
7
ARTICLE XX. RETAIL ELECTRIC COMPETITION

 
8     (220 ILCS 5/20-101 new)
9     Sec. 20-101. This Article may be cited as the Retail
10 Electric Competition Act of 2006.
 
11     (220 ILCS 5/20-102 new)
12     Sec. 20-102. Findings and intent.
13     (a) A competitive wholesale electricity market alone will
14 not deliver the full benefits of competition to Illinois
15 consumers. For Illinois consumers to receive products, prices
16 and terms tailored to meet their needs, a competitive wholesale
17 electricity market must be closely linked to a competitive
18 retail electric market.
19     (b) To date, as a result of the Electric Service Customer
20 Choice and Rate Relief Law of 1997, thousands of large Illinois
21 commercial and industrial consumers have experienced the
22 benefits of a competitive retail electricity market.
23 Alternative electric retail suppliers actively compete to
24 supply electricity to large Illinois commercial and industrial
25 consumers with attractive prices, terms, and conditions.
26     (c) A competitive retail electric market does not yet exist
27 for residential and small commercial consumers. As a result,
28 millions of residential and small commercial consumers in
29 Illinois are faced with escalating heating and power bills and
30 are unable to shop for alternatives to the rates demanded by

 

 

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1 the State's incumbent electric utilities.
2     (d) The General Assembly reiterates its findings from the
3 Electric Service Customer Choice and Rate Relief Law of 1997
4 that the Illinois Commerce Commission should promote the
5 development of an effectively competitive retail electricity
6 market that operates efficiently and benefits all Illinois
7 consumers.
 
8     (220 ILCS 5/20-105 new)
9     Sec. 20-105. Definitions. In this Article:
10         "Director" means the Director of the Office of Retail
11     Market Development.
12         "Office" means the Office of Retail Market
13     Development.
 
14     (220 ILCS 5/20-110 new)
15     Sec. 20-110. Office of Retail Market Development. Within 90
16 days after the effective date of this amendatory Act of the
17 94th General Assembly, subject to appropriation, the
18 Commission shall establish an Office of Retail Market
19 Development and employ on its staff a Director of Retail Market
20 Development to oversee the Office. The Director shall have
21 authority to employ or otherwise retain at least 2
22 professionals dedicated to the task of actively seeking out
23 ways to promote retail competition in Illinois to benefit all
24 Illinois consumers.
25     The Office shall actively seek input from all interested
26 parties and shall develop a thorough understanding and critical
27 analyses of the tools and techniques used to promote retail
28 competition in other states.
29     The Office shall monitor existing competitive conditions
30 in Illinois, identify barriers to retail competition for all
31 customer classes, and actively explore and propose to the
32 Commission and to the General Assembly solutions to overcome
33 identified barriers. The Director may include municipal
34 aggregation of customers and creating and designing customer

 

 

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1 choice programs as tools for retail market development.
2 Solutions proposed by the Office to promote retail competition
3 must also promote safe, reliable, and affordable electric
4 service.
5     On or before June 30 of each year, the Director shall
6 submit a report to the Commission, the General Assembly, and
7 the Governor, that details specific accomplishments achieved
8 by the Office in the prior 12 months in promoting retail
9 electric competition and that suggests administrative and
10 legislative action necessary to promote further improvements
11 in retail electric competition.
 
12     (220 ILCS 5/20-120 new)
13     Sec. 20-120. Residential and small commercial retail
14 electric competition. Within 12 months after the effective date
15 of this amendatory Act of the 94th General Assembly, the
16 Director shall conduct research, gather input from all
17 interested parties and develop and present to the Commission,
18 the General Assembly, and the Governor a detailed plan designed
19 to promote, in the most expeditious manner possible, retail
20 electric competition for residential and small commercial
21 electricity consumers while maintaining safe, reliable, and
22 affordable service. Interested parties shall be given the
23 opportunity to review the plan and provide written comments
24 regarding the plan prior to its submission to the Commission,
25 the General Assembly, and the Governor. Any written comments
26 received by the Office shall be posted on the Commission's web
27 site. The final plan submitted to the Commission, the General
28 Assembly, and the Governor must include summaries of any
29 written comments and must also be posted on the Commission's
30 web site.
31     To the extent the plan calls for Commission action, the
32 Commission shall initiate any proceeding or proceedings called
33 for in the final plan within 60 days after receipt of the final
34 plan and complete those proceedings within 11 months after
35 their initiation.

 

 

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1     Nothing in this Section shall prevent the Commission from
2 acting earlier to remove identified barriers to retail electric
3 competition for residential and small commercial consumers.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.