Full Text of HB5257 95th General Assembly
HB5257 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5257
Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED: |
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20 ILCS 3855/1-92 new |
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220 ILCS 5/17-800 rep. |
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Amends the Illinois Power Agency Act and the Public Utilities Act. Moves provisions concerning aggregation of electrical load by municipalities or counties from the Public Utilities Act to the Illinois Power Agency Act and provides that (i) upon the applicable requisite authority under certain provisions, the corporate
authorities or the county board, with assistance from the Illinois Power Agency, (previously, did not include assistance from the Illinois Power Agency) shall develop a plan of operation and
governance for the
authorized aggregation program; (ii) the aggregation may include small commercial retail electrical loads in addition to residential retail electrical loads; (iii) it shall be the duty of the aggregated entity to fully inform
residential retail customers in advance that they have the right to opt out of (rather than opt into) the aggregation program and (iv) the Illinois Power Agency shall provide assistance to municipalities or associations working with municipalities to help complete the plan of operation and bidding process. Makes other changes.
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A BILL FOR
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HB5257 |
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LRB095 19168 AMC 45403 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Power Agency Act is amended by | 5 |
| adding Section 1-92 as follows: | 6 |
| (20 ILCS 3855/1-92 new) | 7 |
| Sec. 1-92. Aggregation of electrical load by | 8 |
| municipalities and counties. The corporate authorities of a | 9 |
| municipality or county board of a county
may
adopt an | 10 |
| ordinance, under which it may aggregate in accordance with this
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| Section residential and small commercial retail electrical | 12 |
| loads located, respectively, within the
municipality or the | 13 |
| unincorporated areas of the county and, for that purpose, may | 14 |
| solicit bids and enter into service
agreements to facilitate
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| for those
loads the sale and purchase of electricity and | 16 |
| related services and equipment.
The corporate authorities or | 17 |
| county
board also
may exercise such authority jointly with any | 18 |
| other municipality or county.
An
ordinance under this Section | 19 |
| shall specify whether the aggregation will occur
only with
the | 20 |
| prior consent of each person owning, occupying, controlling, or | 21 |
| using an
electric load
center proposed to be aggregated. | 22 |
| Nothing in this Section,
however,
authorizes the aggregation of | 23 |
| electric loads that are served or authorized to be served by an |
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HB5257 |
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LRB095 19168 AMC 45403 b |
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| electric cooperative as defined by and pursuant to the Electric | 2 |
| Supplier Act or loads served by a municipality that owns and | 3 |
| operates its own electric distribution system. No
aggregation | 4 |
| shall take
effect unless
approved by a majority of the members | 5 |
| of the corporate authority or county board voting upon the | 6 |
| ordinance.
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| A governmental aggregator under this Section is not a | 8 |
| public utility or an
alternative retail electric supplier and
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| shall be subject to supervision and regulation by the
Illinois | 10 |
| Power Agency only to the extent provided in this Section.
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| Two or
more
municipalities or counties, or a combination of | 12 |
| both, may initiate a
process
jointly to authorize aggregation | 13 |
| by a majority vote of each particular
municipality or
county as | 14 |
| herein required.
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| Upon the applicable requisite authority under this | 16 |
| Section, the corporate
authorities or the county board, with | 17 |
| assistance from the Illinois Power Agency, shall develop a plan | 18 |
| of operation and
governance for the
aggregation program so | 19 |
| authorized. Before adopting a plan under this Section,
the
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| corporate authorities or county board shall hold at least 2 | 21 |
| public hearings on
the plan.
Before the first hearing, the | 22 |
| corporate authorities or county board shall
publish notice of
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| the hearings once a week for 2 consecutive weeks in a newspaper | 24 |
| of general
circulation
in the jurisdiction. The notice shall | 25 |
| summarize the plan and state the date,
time, and
location of | 26 |
| each hearing.
Any load aggregation plan established pursuant to |
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HB5257 |
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LRB095 19168 AMC 45403 b |
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| this Section shall: | 2 |
| (1) provide for universal
access to all applicable | 3 |
| residential customers and equitable treatment of | 4 |
| applicable
residential customers; | 5 |
| (2) describe demand management and energy efficiency | 6 |
| services to be
provided to each class of customers;
and | 7 |
| (3) meet any requirements established by law
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| concerning aggregated service offered pursuant to this | 9 |
| Section. | 10 |
| The plan shall be filed with the Illinois Power Agency for
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| review and approval and shall include, without limitation, an | 12 |
| organizational
structure of
the program, its operations, and | 13 |
| funding; the methods of establishing rates and
allocating
costs | 14 |
| among participants; the methods for entering and terminating | 15 |
| agreements
with other
entities; the rights and | 16 |
| responsibilities of program participants; and
procedures for | 17 |
| termination of the
program. Within 120 days after receipt of | 18 |
| the plan, the Illinois Power Agency shall issue
an order either | 19 |
| approving or rejecting the plan. If the Illinois Power Agency | 20 |
| rejects the
plan, it shall state detailed reasons for rejecting | 21 |
| the plan in its order.
Upon approval of the plan, the corporate | 22 |
| authorities or county
board may
solicit bids for electricity | 23 |
| and other related services pursuant to the methods
established | 24 |
| in
the plan. The corporate authorities or county board shall | 25 |
| report the results of
this
solicitation and proposed
agreement | 26 |
| awards to the Illinois Power Agency, which shall have 15
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LRB095 19168 AMC 45403 b |
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| business days to suspend such awards if the solicitation or | 2 |
| awards
are not in
conformance with the plan or if the cost for | 3 |
| energy would in the first year
exceed the cost
of that energy | 4 |
| if that energy was obtained from an electric utility under
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| Section 16-103 of the Public Utilities Act by
citizens in the | 6 |
| municipality or county or group of municipalities and counties,
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| unless the
applicant can demonstrate that the cost for energy | 8 |
| under the aggregation plan
will be
lower in the subsequent | 9 |
| years or the applicant can demonstrate that such excess
cost is
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| due to the purchase of renewable energy. If the Illinois Power | 11 |
| Agency
does not suspend the proposed contract awards within 15 | 12 |
| business
days
after
filing, the corporate authorities or county | 13 |
| board shall have the right to award
the proposed
agreements. | 14 |
| It shall be the duty of the aggregated entity to fully | 15 |
| inform
residential retail customers in advance that they have | 16 |
| the right to opt out of the aggregation program.
The disclosure | 17 |
| shall prominently state all charges to be made and
shall | 18 |
| include
full disclosure of the cost to obtain service pursuant | 19 |
| to Section 16-103 of the Public Utilities Act, how
to access | 20 |
| it,
and the fact that it is available to them without penalty, | 21 |
| if they are
currently receiving
service under that Section. The | 22 |
| Illinois Power Agency shall furnish, without charge, to
any | 23 |
| citizen a
list of all supply options available to them in a | 24 |
| format that
allows
comparison of prices and products. | 25 |
| The Illinois Power Agency shall provide assistance to | 26 |
| municipalities or associations working with municipalities to |
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LRB095 19168 AMC 45403 b |
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| help complete the plan and bidding process. | 2 |
| This Section does not prohibit municipalities or counties | 3 |
| from entering into an intergovernmental agreement to aggregate | 4 |
| residential retail electric loads. | 5 |
| (220 ILCS 5/17-800 rep.)
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| Section 10. The Public Utilities Act is amended by | 7 |
| repealing Section 17-800.
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