HB4761 EnrolledLRB097 17273 JDS 62474 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Power Agency Act is amended by
5changing Section 1-92 as follows:
 
6    (20 ILCS 3855/1-92)
7    Sec. 1-92. Aggregation of electrical load by
8municipalities and counties.
9    (a) The corporate authorities of a municipality or county
10board of a county may adopt an ordinance under which it may
11aggregate in accordance with this Section residential and small
12commercial retail electrical loads located, respectively,
13within the municipality or the unincorporated areas of the
14county and, for that purpose, may solicit bids and enter into
15service agreements to facilitate for those loads the sale and
16purchase of electricity and related services and equipment.
17    The corporate authorities or county board may also exercise
18such authority jointly with any other municipality or county.
19Two or more municipalities or counties, or a combination of
20both, may initiate a process jointly to authorize aggregation
21by a majority vote of each particular municipality or county as
22required by this Section.
23    If the corporate authorities or the county board seek to

 

 

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1operate the aggregation program as an opt-out program for
2residential and small commercial retail customers, then prior
3to the adoption of an ordinance with respect to aggregation of
4residential and small commercial retail electric loads, the
5corporate authorities of a municipality or the county board of
6a county shall submit a referendum to its residents to
7determine whether or not the aggregation program shall operate
8as an opt-out program for residential and small commercial
9retail customers.
10    In addition to the notice and conduct requirements of the
11general election law, notice of the referendum shall state
12briefly the purpose of the referendum. The question of whether
13the corporate authorities or the county board shall adopt an
14opt-out aggregation program for residential and small
15commercial retail customers shall be submitted to the electors
16of the municipality or county board at a regular election and
17approved by a majority of the electors voting on the question.
18The corporate authorities or county board must certify to the
19proper election authority, which must submit the question at an
20election in accordance with the Election Code.
21    The election authority must submit the question in
22substantially the following form:
23        Shall the (municipality or county in which the question
24    is being voted upon) have the authority to arrange for the
25    supply of electricity for its residential and small
26    commercial retail customers who have not opted out of such

 

 

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1    program?
2The election authority must record the votes as "Yes" or "No".
3    If a majority of the electors voting on the question vote
4in the affirmative, then the corporate authorities or county
5board may implement an opt-out aggregation program for
6residential and small commercial retail customers.
7    A referendum must pass in each particular municipality or
8county that is engaged in the aggregation program. If the
9referendum fails, then the corporate authorities or county
10board shall operate the aggregation program as an opt-in
11program for residential and small commercial retail customers.
12    An ordinance under this Section shall specify whether the
13aggregation will occur only with the prior consent of each
14person owning, occupying, controlling, or using an electric
15load center proposed to be aggregated. Nothing in this Section,
16however, authorizes the aggregation of electric loads that are
17served or authorized to be served by an electric cooperative as
18defined by and pursuant to the Electric Supplier Act or loads
19served by a municipality that owns and operates its own
20electric distribution system. No aggregation shall take effect
21unless approved by a majority of the members of the corporate
22authority or county board voting upon the ordinance.
23    A governmental aggregator under this Section is not a
24public utility or an alternative retail electric supplier.
25    (b) Upon the applicable requisite authority under this
26Section, the corporate authorities or the county board, with

 

 

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1assistance from the Illinois Power Agency, shall develop a plan
2of operation and governance for the aggregation program so
3authorized. Before adopting a plan under this Section, the
4corporate authorities or county board shall hold at least 2
5public hearings on the plan. Before the first hearing, the
6corporate authorities or county board shall publish notice of
7the hearings once a week for 2 consecutive weeks in a newspaper
8of general circulation in the jurisdiction. The notice shall
9summarize the plan and state the date, time, and location of
10each hearing. Any load aggregation plan established pursuant to
11this Section shall:
12        (1) provide for universal access to all applicable
13    residential customers and equitable treatment of
14    applicable residential customers;
15        (2) describe demand management and energy efficiency
16    services to be provided to each class of customers; and
17        (3) meet any requirements established by law
18    concerning aggregated service offered pursuant to this
19    Section.
20    (c) The process for soliciting bids for electricity and
21other related services and awarding proposed agreements for the
22purchase of electricity and other related services shall be
23conducted in the following order:
24        (1) The corporate authorities or county board may
25    solicit bids for electricity and other related services.
26        (2) Notwithstanding Section 16-122 of the Public

 

 

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1    Utilities Act and Section 2HH of the Consumer Fraud and
2    Deceptive Business Practices Act, an electric utility that
3    provides residential and small commercial retail electric
4    service in the aggregate area must, upon request of the
5    corporate authorities or the county board in the aggregate
6    area, submit to the requesting party, in an electronic
7    format, those account numbers, names, and addresses of
8    residential and small commercial retail customers in the
9    aggregate area that are reflected in the electric utility's
10    records at the time of the request. Any corporate authority
11    or county board receiving customer information from an
12    electric utility shall be subject to the limitations on the
13    disclosure of the information described in Section 16-122
14    of the Public Utilities Act and Section 2HH of the Consumer
15    Fraud and Deceptive Business Practices Act, and an electric
16    utility shall not be held liable for any claims arising out
17    of the provision of information pursuant to this item (2).
18    (d) If the corporate authorities or county board operate
19under an opt-in program for residential and small commercial
20retail customers, then the corporate authorities or county
21board shall comply with all of the following:
22        (1) Within 60 days after receiving the bids, the
23    corporate authorities or county board shall allow
24    residential and small commercial retail customers to
25    commit to the terms and conditions of a bid that has been
26    selected by the corporate authorities or county board.

 

 

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1        (2) If (A) the corporate authorities or county board
2    award proposed agreements for the purchase of electricity
3    and other related services and (B) an agreement is reached
4    between the corporate authorities or county board for those
5    services, then customers committed to the terms and
6    conditions according to item (1) of this subsection (d)
7    shall be committed to the agreement.
8    (e) If the corporate authorities or county board operate as
9an opt-out program for residential and small commercial retail
10customers, then it shall be the duty of the aggregated entity
11to fully inform residential and small commercial retail
12customers in advance that they have the right to opt out of the
13aggregation program. The disclosure shall prominently state
14all charges to be made and shall include full disclosure of the
15cost to obtain service pursuant to Section 16-103 of the Public
16Utilities Act, how to access it, and the fact that it is
17available to them without penalty, if they are currently
18receiving service under that Section. The Illinois Power Agency
19shall furnish, without charge, to any citizen a list of all
20supply options available to them in a format that allows
21comparison of prices and products.
22    (f) Any person or entity retained by a municipality or
23county, or jointly by more than one such unit of local
24government, to provide input, guidance, or advice in the
25selection of an electricity supplier for an aggregation program
26shall disclose in writing to the involved units of local

 

 

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1government the nature of any relationship through which the
2person or entity may receive, either directly or indirectly,
3commissions or other remuneration as a result of the selection
4of any particular electricity supplier. The written disclosure
5must be made prior to formal approval by the involved units of
6local government of any professional services agreement with
7the person or entity, or no later than October 1, 2012 with
8respect to any such professional services agreement entered
9into prior to the effective date of this amendatory Act of the
1097th General Assembly. The disclosure shall cover all direct
11and indirect relationships through which commissions or
12remuneration may result, including the pooling of commissions
13or remuneration among multiple persons or entities, and shall
14identify all involved electricity suppliers. The disclosure
15requirements in this subsection (f) are to be liberally
16construed to ensure that the nature of financial interests are
17fully revealed, and these disclosure requirements shall apply
18regardless of whether the involved person or entity is licensed
19under Section 16-115C of the Public Utilities Act. Any person
20or entity that fails to make the disclosure required under this
21subsection (f) is liable to the involved units of local
22government in an amount equal to all compensation paid to such
23person or entity by the units of local government for the
24input, guidance, or advice in the selection of an electricity
25supplier, plus reasonable attorneys fees and court costs
26incurred by the units of local government in connection with

 

 

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1obtaining such amount.
2    (g) The Illinois Power Agency shall provide assistance to
3municipalities, counties, or associations working with
4municipalities to help complete the plan and bidding process.
5    (h) This Section does not prohibit municipalities or
6counties from entering into an intergovernmental agreement to
7aggregate residential and small commercial retail electric
8loads.
9(Source: P.A. 96-176, eff. 1-1-10; 97-338, eff. 8-12-11.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.