Sen. Heather A. Steans

Filed: 5/21/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5071

2    AMENDMENT NO. ______. Amend House Bill 5071 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Electric Vehicle Act is amended by adding
5Section 25 as follows:
 
6    (20 ILCS 627/25 new)
7    Sec. 25. Charging station installations. The installation,
8maintenance, and repair of an electric vehicle charging station
9shall comply with the requirements of subsection (a) of Section
1016-128 and Section 16-128A of the Public Utilities Act.
 
11    Section 5. The Public Utilities Act is amended by changing
12Sections 3-105, 16-102, and 16-128A as follows:
 
13    (220 ILCS 5/3-105)  (from Ch. 111 2/3, par. 3-105)
14    Sec. 3-105. Public utility.

 

 

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1    (a) "Public utility" means and includes, except where
2otherwise expressly provided in this Section, every
3corporation, company, limited liability company, association,
4joint stock company or association, firm, partnership or
5individual, their lessees, trustees, or receivers appointed by
6any court whatsoever that owns, controls, operates or manages,
7within this State, directly or indirectly, for public use, any
8plant, equipment or property used or to be used for or in
9connection with, or owns or controls any franchise, license,
10permit or right to engage in:
11        (1) the production, storage, transmission, sale,
12    delivery or furnishing of heat, cold, power, electricity,
13    water, or light, except when used solely for communications
14    purposes;
15        (2) the disposal of sewerage; or
16        (3) the conveyance of oil or gas by pipe line.
17    (b) "Public utility" does not include, however:
18        (1) public utilities that are owned and operated by any
19    political subdivision, public institution of higher
20    education or municipal corporation of this State, or public
21    utilities that are owned by such political subdivision,
22    public institution of higher education, or municipal
23    corporation and operated by any of its lessees or operating
24    agents;
25        (2) water companies which are purely mutual concerns,
26    having no rates or charges for services, but paying the

 

 

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1    operating expenses by assessment upon the members of such a
2    company and no other person;
3        (3) electric cooperatives as defined in Section 3-119;
4        (4) the following natural gas cooperatives:
5            (A) residential natural gas cooperatives that are
6        not-for-profit corporations established for the
7        purpose of administering and operating, on a
8        cooperative basis, the furnishing of natural gas to
9        residences for the benefit of their members who are
10        residential consumers of natural gas. For entities
11        qualifying as residential natural gas cooperatives and
12        recognized by the Illinois Commerce Commission as
13        such, the State shall guarantee legally binding
14        contracts entered into by residential natural gas
15        cooperatives for the express purpose of acquiring
16        natural gas supplies for their members. The Illinois
17        Commerce Commission shall establish rules and
18        regulations providing for such guarantees. The total
19        liability of the State in providing all such guarantees
20        shall not at any time exceed $1,000,000, nor shall the
21        State provide such a guarantee to a residential natural
22        gas cooperative for more than 3 consecutive years; and
23            (B) natural gas cooperatives that are
24        not-for-profit corporations operated for the purpose
25        of administering, on a cooperative basis, the
26        furnishing of natural gas for the benefit of their

 

 

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1        members and that, prior to 90 days after the effective
2        date of this amendatory Act of the 94th General
3        Assembly, either had acquired or had entered into an
4        asset purchase agreement to acquire all or
5        substantially all of the operating assets of a public
6        utility or natural gas cooperative with the intention
7        of operating those assets as a natural gas cooperative;
8        (5) sewage disposal companies which provide sewage
9    disposal services on a mutual basis without establishing
10    rates or charges for services, but paying the operating
11    expenses by assessment upon the members of the company and
12    no others;
13        (6) (Blank);
14        (7) cogeneration facilities, small power production
15    facilities, and other qualifying facilities, as defined in
16    the Public Utility Regulatory Policies Act and regulations
17    promulgated thereunder, except to the extent State
18    regulatory jurisdiction and action is required or
19    authorized by federal law, regulations, regulatory
20    decisions or the decisions of federal or State courts of
21    competent jurisdiction;
22        (8) the ownership or operation of a facility that sells
23    compressed natural gas at retail to the public for use only
24    as a motor vehicle fuel and the selling of compressed
25    natural gas at retail to the public for use only as a motor
26    vehicle fuel;

 

 

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1        (9) alternative retail electric suppliers as defined
2    in Article XVI; and
3        (10) the Illinois Power Agency.
4    (c) An entity that furnishes the service of charging
5electric vehicles does not and shall not be deemed to sell
6electricity and is not and shall not be deemed a public utility
7notwithstanding the basis on which the service is provided or
8billed. If, however, the entity is otherwise deemed a public
9utility under this Act, or is otherwise subject to regulation
10under this Act, then that entity is not exempt from and remains
11subject to the otherwise applicable provisions of this Act. The
12installation, maintenance, and repair of an electric vehicle
13charging station shall comply with the requirements of
14subsection (a) of Section 16-128 and Section 16-128A of this
15Act.
16    For purposes of this subsection, the term "electric
17vehicles" has the meaning ascribed to that term in Section 10
18of the Electric Vehicle Act.
19(Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)
 
20    (220 ILCS 5/16-102)
21    Sec. 16-102. Definitions. For the purposes of this Article
22the following terms shall be defined as set forth in this
23Section.
24    "Alternative retail electric supplier" means every person,
25cooperative, corporation, municipal corporation, company,

 

 

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1association, joint stock company or association, firm,
2partnership, individual, or other entity, their lessees,
3trustees, or receivers appointed by any court whatsoever, that
4offers electric power or energy for sale, lease or in exchange
5for other value received to one or more retail customers, or
6that engages in the delivery or furnishing of electric power or
7energy to such retail customers, and shall include, without
8limitation, resellers, aggregators and power marketers, but
9shall not include (i) electric utilities (or any agent of the
10electric utility to the extent the electric utility provides
11tariffed services to retail customers through that agent), (ii)
12any electric cooperative or municipal system as defined in
13Section 17-100 to the extent that the electric cooperative or
14municipal system is serving retail customers within any area in
15which it is or would be entitled to provide service under the
16law in effect immediately prior to the effective date of this
17amendatory Act of 1997, (iii) a public utility that is owned
18and operated by any public institution of higher education of
19this State, or a public utility that is owned by such public
20institution of higher education and operated by any of its
21lessees or operating agents, within any area in which it is or
22would be entitled to provide service under the law in effect
23immediately prior to the effective date of this amendatory Act
24of 1997, (iv) a retail customer to the extent that customer
25obtains its electric power and energy from that customer's own
26cogeneration or self-generation facilities, (v) an entity that

 

 

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1owns, operates, sells, or arranges for the installation of a
2customer's own cogeneration or self-generation facilities, but
3only to the extent the entity is engaged in owning, selling or
4arranging for the installation of such facility, or operating
5the facility on behalf of such customer, provided however that
6any such third party owner or operator of a facility built
7after January 1, 1999, complies with the labor provisions of
8Section 16-128(a) as though such third party were an
9alternative retail electric supplier, or (vi) an industrial or
10manufacturing customer that owns its own distribution
11facilities, to the extent that the customer provides service
12from that distribution system to a third-party contractor
13located on the customer's premises that is integrally and
14predominantly engaged in the customer's industrial or
15manufacturing process; provided, that if the industrial or
16manufacturing customer has elected delivery services, the
17customer shall pay transition charges applicable to the
18electric power and energy consumed by the third-party
19contractor unless such charges are otherwise paid by the third
20party contractor, which shall be calculated based on the usage
21of, and the base rates or the contract rates applicable to, the
22third-party contractor in accordance with Section 16-102.
23    An entity that furnishes the service of charging electric
24vehicles does not and shall not be deemed to sell electricity
25and is not and shall not be deemed an alternative retail
26electric supplier, and is not subject to regulation as such

 

 

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1under this Act notwithstanding the basis on which the service
2is provided or billed. If, however, the entity is otherwise
3deemed an alternative retail electric supplier under this Act,
4or is otherwise subject to regulation under this Act, then that
5entity is not exempt from and remains subject to the otherwise
6applicable provisions of this Act. The installation,
7maintenance, and repair of an electric vehicle charging station
8shall comply with the requirements of subsection (a) of Section
916-128 and Section 16-128A of this Act.
10    For purposes of this Section, the term "electric vehicles"
11has the meaning ascribed to that term in Section 10 of the
12Electric Vehicle Act.
13    "Base rates" means the rates for those tariffed services
14that the electric utility is required to offer pursuant to
15subsection (a) of Section 16-103 and that were identified in a
16rate order for collection of the electric utility's base rate
17revenue requirement, excluding (i) separate automatic rate
18adjustment riders then in effect, (ii) special or negotiated
19contract rates, (iii) delivery services tariffs filed pursuant
20to Section 16-108, (iv) real-time pricing, or (v) tariffs that
21were in effect prior to October 1, 1996 and that based charges
22for services on an index or average of other utilities'
23charges, but including (vi) any subsequent redesign of such
24rates for tariffed services that is authorized by the
25Commission after notice and hearing.
26    "Competitive service" includes (i) any service that has

 

 

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1been declared to be competitive pursuant to Section 16-113 of
2this Act, (ii) contract service, and (iii) services, other than
3tariffed services, that are related to, but not necessary for,
4the provision of electric power and energy or delivery
5services.
6    "Contract service" means (1) services, including the
7provision of electric power and energy or other services, that
8are provided by mutual agreement between an electric utility
9and a retail customer that is located in the electric utility's
10service area, provided that, delivery services shall not be a
11contract service until such services are declared competitive
12pursuant to Section 16-113; and also means (2) the provision of
13electric power and energy by an electric utility to retail
14customers outside the electric utility's service area pursuant
15to Section 16-116. Provided, however, contract service does not
16include electric utility services provided pursuant to (i)
17contracts that retail customers are required to execute as a
18condition of receiving tariffed services, or (ii) special or
19negotiated rate contracts for electric utility services that
20were entered into between an electric utility and a retail
21customer prior to the effective date of this amendatory Act of
221997 and filed with the Commission.
23    "Delivery services" means those services provided by the
24electric utility that are necessary in order for the
25transmission and distribution systems to function so that
26retail customers located in the electric utility's service area

 

 

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1can receive electric power and energy from suppliers other than
2the electric utility, and shall include, without limitation,
3standard metering and billing services.
4    "Electric utility" means a public utility, as defined in
5Section 3-105 of this Act, that has a franchise, license,
6permit or right to furnish or sell electricity to retail
7customers within a service area.
8    "Mandatory transition period" means the period from the
9effective date of this amendatory Act of 1997 through January
101, 2007.
11    "Municipal system" shall have the meaning set forth in
12Section 17-100.
13    "Real-time pricing" means tariffed retail charges for
14delivered electric power and energy that vary hour-to-hour and
15are determined from wholesale market prices using a methodology
16approved by the Illinois Commerce Commission.
17    "Retail customer" means a single entity using electric
18power or energy at a single premises and that (A) either (i) is
19receiving or is eligible to receive tariffed services from an
20electric utility, or (ii) that is served by a municipal system
21or electric cooperative within any area in which the municipal
22system or electric cooperative is or would be entitled to
23provide service under the law in effect immediately prior to
24the effective date of this amendatory Act of 1997, or (B) an
25entity which on the effective date of this Act was receiving
26electric service from a public utility and (i) was engaged in

 

 

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1the practice of resale and redistribution of such electricity
2within a building prior to January 2, 1957, or (ii) was
3providing lighting services to tenants in a multi-occupancy
4building, but only to the extent such resale, redistribution or
5lighting service is authorized by the electric utility's
6tariffs that were on file with the Commission on the effective
7date of this Act.
8    "Service area" means (i) the geographic area within which
9an electric utility was lawfully entitled to provide electric
10power and energy to retail customers as of the effective date
11of this amendatory Act of 1997, and includes (ii) the location
12of any retail customer to which the electric utility was
13lawfully providing electric utility services on such effective
14date.
15    "Small commercial retail customer" means those
16nonresidential retail customers of an electric utility
17consuming 15,000 kilowatt-hours or less of electricity
18annually in its service area.
19    "Tariffed service" means services provided to retail
20customers by an electric utility as defined by its rates on
21file with the Commission pursuant to the provisions of Article
22IX of this Act, but shall not include competitive services.
23    "Transition charge" means a charge expressed in cents per
24kilowatt-hour that is calculated for a customer or class of
25customers as follows for each year in which an electric utility
26is entitled to recover transition charges as provided in

 

 

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1Section 16-108:
2        (1) the amount of revenue that an electric utility
3    would receive from the retail customer or customers if it
4    were serving such customers' electric power and energy
5    requirements as a tariffed service based on (A) all of the
6    customers' actual usage during the 3 years ending 90 days
7    prior to the date on which such customers were first
8    eligible for delivery services pursuant to Section 16-104,
9    and (B) on (i) the base rates in effect on October 1, 1996
10    (adjusted for the reductions required by subsection (b) of
11    Section 16-111, for any reduction resulting from a rate
12    decrease under Section 16-101(b), for any restatement of
13    base rates made in conjunction with an elimination of the
14    fuel adjustment clause pursuant to subsection (b), (d), or
15    (f) of Section 9-220 and for any removal of decommissioning
16    costs from base rates pursuant to Section 16-114) and any
17    separate automatic rate adjustment riders (other than a
18    decommissioning rate as defined in Section 16-114) under
19    which the customers were receiving or, had they been
20    customers, would have received electric power and energy
21    from the electric utility during the year immediately
22    preceding the date on which such customers were first
23    eligible for delivery service pursuant to Section 16-104,
24    or (ii) to the extent applicable, any contract rates,
25    including contracts or rates for consolidated or
26    aggregated billing, under which such customers were

 

 

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1    receiving electric power and energy from the electric
2    utility during such year;
3        (2) less the amount of revenue, other than revenue from
4    transition charges and decommissioning rates, that the
5    electric utility would receive from such retail customers
6    for delivery services provided by the electric utility,
7    assuming such customers were taking delivery services for
8    all of their usage, based on the delivery services tariffs
9    in effect during the year for which the transition charge
10    is being calculated and on the usage identified in
11    paragraph (1);
12        (3) less the market value for the electric power and
13    energy that the electric utility would have used to supply
14    all of such customers' electric power and energy
15    requirements, as a tariffed service, based on the usage
16    identified in paragraph (1), with such market value
17    determined in accordance with Section 16-112 of this Act;
18        (4) less the following amount which represents the
19    amount to be attributed to new revenue sources and cost
20    reductions by the electric utility through the end of the
21    period for which transition costs are recovered pursuant to
22    Section 16-108, referred to in this Article XVI as a
23    "mitigation factor":
24            (A) for nonresidential retail customers, an amount
25        equal to the greater of (i) 0.5 cents per kilowatt-hour
26        during the period October 1, 1999 through December 31,

 

 

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1        2004, 0.6 cents per kilowatt-hour in calendar year
2        2005, and 0.9 cents per kilowatt-hour in calendar year
3        2006, multiplied in each year by the usage identified
4        in paragraph (1), or (ii) an amount equal to the
5        following percentages of the amount produced by
6        applying the applicable base rates (adjusted as
7        described in subparagraph (1)(B)) or contract rate to
8        the usage identified in paragraph (1): 8% for the
9        period October 1, 1999 through December 31, 2002, 10%
10        in calendar years 2003 and 2004, 11% in calendar year
11        2005 and 12% in calendar year 2006; and
12            (B) for residential retail customers, an amount
13        equal to the following percentages of the amount
14        produced by applying the base rates in effect on
15        October 1, 1996 (adjusted as described in subparagraph
16        (1)(B)) to the usage identified in paragraph (1): (i)
17        6% from May 1, 2002 through December 31, 2002, (ii) 7%
18        in calendar years 2003 and 2004, (iii) 8% in calendar
19        year 2005, and (iv) 10% in calendar year 2006;
20        (5) divided by the usage of such customers identified
21    in paragraph (1),
22provided that the transition charge shall never be less than
23zero.
24    "Unbundled service" means a component or constituent part
25of a tariffed service which the electric utility subsequently
26offers separately to its customers.

 

 

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1(Source: P.A. 94-977, eff. 6-30-06.)
 
2    (220 ILCS 5/16-128A)
3    Sec. 16-128A. Certification of installers, maintainers, or
4repairers.
5    (a) Within 18 months of the effective date of this
6amendatory Act of the 97th General Assembly, the Commission
7shall adopt rules, including emergency rules, establishing
8certification requirements ensuring that entities installing
9distributed generation facilities are in compliance with the
10requirements of subsection (a) of Section 16-128 of this Act.
11    For purposes of this Section, the phrase "entities
12installing distributed generation facilities" shall include,
13but not be limited to, all entities that are exempt from the
14definition of "alternative retail electric supplier" under
15item (v) of Section 16-102 of this Act. For purposes of this
16Section, the phrase "self-installer" means an individual who
17(i) leases or purchases a cogeneration facility for his or her
18own personal use and (ii) installs such cogeneration or
19self-generation facility on his or her own premises without the
20assistance of any other person.
21    (b) In addition to any authority granted to the Commission
22under this Act, the Commission is also authorized to: (1)
23determine which entities are subject to certification under
24this Section; (2) impose reasonable certification fees and
25penalties; (3) adopt disciplinary procedures; (4) investigate

 

 

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1any and all activities subject to this Section, including
2violations thereof; (5) adopt procedures to issue or renew, or
3to refuse to issue or renew, a certification or to revoke,
4suspend, place on probation, reprimand, or otherwise
5discipline a certified entity under this Act or take other
6enforcement action against an entity subject to this Section;
7and (6) prescribe forms to be issued for the administration and
8enforcement of this Section.
9    (c) No electric utility shall provide a retail customer
10with net metering service related to interconnection of that
11customer's distributed generation facility unless the customer
12provides the electric utility with (i) a certification that the
13customer installing the distributed generation facility was a
14self-installer or (ii) evidence that the distributed
15generation facility was installed by an entity certified under
16this Section that is also in good standing with the Commission.
17For purposes of this subsection, a retail customer includes
18that customer's employees, officers, and agents. An electric
19utility shall file a tariff or tariffs with the Commission
20setting forth the documentation, as specified by Commission
21rule, that a retail customer must provide to an electric
22utility. The provisions of this subsection (c) shall apply on
23or after the effective date of the Commission's rules
24prescribed pursuant to subsection (a) of this Section.
25    (d) Within 180 days after the effective date of this
26amendatory Act of the 97th General Assembly, the Commission

 

 

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1shall initiate a rulemaking proceeding to establish
2certification requirements that shall be applicable to persons
3or entities vendors that install, maintain, or repair electric
4vehicle charging stations. The notification and certification
5requirements of this Section shall only be applicable to
6individuals or entities that perform work on or within an
7electric vehicle charging station, including, but not limited
8to, connection of power to an electric vehicle charging
9station.
10    For the purposes of this Section "electric vehicle charging
11station" means any facility or equipment that is used to charge
12a battery or other energy storage device of an electric
13vehicle.
14    Rules regulating the installation, maintenance, or repair
15of electric vehicle charging stations, in which the Commission
16may establish separate requirements based upon the
17characteristics of electric vehicle charging stations, so long
18as it is in accordance with the requirements of subsection (a)
19of Section 16-128 and Section 16-128A of this Act, shall:
20        (1) establish a certification process for persons or
21    entities that install, maintain, or repair of electric
22    vehicle charging stations;
23        (2) require persons or entities that install,
24    maintain, or repair electric vehicle stations to be
25    certified to do business and to be bonded in the State;
26        (3) ensure that persons or entities that install,

 

 

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1    maintain, or repair electric vehicle charging stations
2    have the requisite knowledge, skills, training,
3    experience, and competence to perform functions in a safe
4    and reliable manner as required under subsection (a) of
5    Section 16-128 of this Act;
6        (4) impose reasonable certification fees and penalties
7    on persons or entities that install, maintain, or repair of
8    electric vehicle charging stations for noncompliance of
9    the rules adopted under this subsection;
10        (5) ensure that all persons or entities that install,
11    maintain, or repair electric vehicle charging stations
12    conform to applicable building and electrical codes;
13        (6) ensure that all electric vehicle charging stations
14    meet recognized industry standards as the Commission deems
15    appropriate, such as the National Electric Code (NEC) and
16    standards developed or created by the Institute of
17    Electrical and Electronics Engineers (IEEE), the Electric
18    Power Research Institute (EPRI), the Detroit Edison
19    Institute (DTE), the Underwriters Laboratory (UL), the
20    Society of Automotive Engineers (SAE), and the National
21    Institute of Standards and Technology (NIST);
22        (7) include any additional requirements that the
23    Commission deems reasonable to ensure that persons or
24    entities that install, maintain, or repair electric
25    vehicle charging stations meet adequate training,
26    financial, and competency requirements;

 

 

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1        (8) ensure that the obligations required under this
2    Section and subsection (a) of Section 16-128 of this Act
3    are met prior to the interconnection of any electric
4    vehicle charging station;
5        (9) ensure electric vehicle charging stations
6    installed by a self-installer are not used for any
7    commercial purpose;
8        (10) establish an inspection procedure for the
9    conversion of electric vehicle charging stations installed
10    by a self-installer if it is determined that the
11    self-installed electric vehicle charging station is being
12    used for commercial purposes;
13        (11) establish the requirement that all persons or
14    entities that install electric vehicle charging stations
15    shall notify the servicing electric utility in writing of
16    plans to install an electric vehicle charging station and
17    shall notify the servicing electric utility in writing when
18    installation is complete;
19        (12) ensure that all persons or entities that install,
20    maintain, or repair electric vehicle charging stations
21    obtain certificates of insurance in sufficient amounts and
22    coverages that the Commission so determines and, if
23    necessary as determined by the Commission, names the
24    affected public utility as an additional insured; and
25        (13) identify and determine the training or other
26    programs by which persons or entities may obtain the

 

 

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1    requisite training, skills, or experience necessary to
2    achieve and maintain compliance with the requirements set
3    forth in this subsection and subsection (a) of Section
4    16-128 to install, maintain, or repair electric vehicle
5    charging stations.
6    Within 18 months after the effective date of this
7amendatory Act of the 97th General Assembly, the Commission
8shall adopt rules, and may, if it deems necessary, adopt
9emergency rules, for the installation, maintenance, or repair
10of electric vehicle charging stations.
11    All retail customers who own, maintain, or repair an
12electric vehicle charging station shall provide the servicing
13electric utility (i) a certification that the customer
14installing the electric vehicle charging station was a
15self-installer or (ii) evidence that the electric vehicle
16charging station was installed by an entity certified under
17this subsection (d) that is also in good standing with the
18Commission. For purposes of this subsection (d), a retail
19customer includes that retail customer's employees, officers,
20and agents. If the electric vehicle charging station was not
21installed by a self-installer, then the person or entity that
22plans to install the electric vehicle charging station shall
23provide notice to the servicing electric utility prior to
24installation and when installation is complete and provide any
25other information required by the Commission's rules
26established under subsection (d) of this Section. An electric

 

 

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1utility shall file a tariff or tariffs with the Commission
2setting forth the documentation, as specified by Commission
3rule, that a retail customer who owns, uses, operates, or
4maintains an electric vehicle charging station must provide to
5an electric utility.
6    For the purposes of this subsection, an electric vehicle
7charging station shall constitute a distribution facility or
8equipment as that term is used in subsection (a) of Section
916-128 of this Act. The phrase "self-installer" means an
10individual who (i) leases or purchases an electric vehicle
11charging station for his or her own personal use and (ii)
12installs an electric vehicle charging station on his or her own
13premises without the assistance of any other person.
14    (e) Fees and penalties collected under this Section shall
15be deposited into the Public Utility Fund and used to fund the
16Commission's compliance with the obligations imposed by this
17Section.
18    (f) The rules established under subsection (d) of this
19Section shall specify the initial dates for compliance with the
20rules.
21    (g) The certification of persons or entities that install,
22maintain, or repair distributed generation facilities and
23electric vehicle charging stations as set forth in this Section
24is an exclusive power and function of the State. A home rule
25unit or other units of local government authority may subject
26persons or entities that install, maintain, or repair

 

 

09700HB5071sam001- 22 -LRB097 20038 CEL 69829 a

1distributed generation facilities or electric vehicle charging
2stations as set forth in this Section to any applicable local
3licensing, siting, and permitting requirements otherwise
4permitted under law so long as only Commission-certified
5persons or entities are authorized to install, maintain, or
6repair distributed generation facilities or electric vehicle
7charging stations. This Section is a limitation under
8subsection (h) of Section 6 of Article VII of the Illinois
9Constitution on the exercise by home rule units of powers and
10functions exclusively exercised by the State.
11(Source: P.A. 97-616, eff. 10-26-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".