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09500HB5257ham001 |
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LRB095 19168 MJR 49577 a |
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| The corporate authorities or county
board may also exercise |
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| such authority jointly with any other municipality or county.
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| Two or
more
municipalities or counties, or a combination of |
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| both, may initiate a
process
jointly to authorize aggregation |
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| by a majority vote of each particular
municipality or
county as |
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| required by this Section. |
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| If the corporate authorities or the county board seek to |
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| operate the aggregation program as an opt-out program for |
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| residential retail customers, then prior to the adoption of an |
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| ordinance with respect to aggregation of residential retail |
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| electric loads, the corporate authorities of a municipality or |
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| the county board of a county shall submit a referendum to its |
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| residents to determine whether or not the aggregation program |
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| shall operate as an opt-out program for residential retail |
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| customers. A referendum must pass in each particular |
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| municipality or county that is engaged in the aggregation |
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| program. If the referendum fails, then the corporate |
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| authorities or county board shall operate the aggregation |
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| program as an opt-in program for residential retail customers. |
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| An
ordinance under this Section shall specify whether the |
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| aggregation will occur
only with
the prior consent of each |
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| person owning, occupying, controlling, or using an
electric |
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| load
center proposed to be aggregated. Nothing in this Section,
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| however,
authorizes the aggregation of electric loads that are |
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| served or authorized to be served by an electric cooperative as |
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| defined by and pursuant to the Electric Supplier Act or loads |
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09500HB5257ham001 |
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LRB095 19168 MJR 49577 a |
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| served by a municipality that owns and operates its own |
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| electric distribution system. No
aggregation shall take
effect |
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| unless
approved by a majority of the members of the corporate |
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| authority or county board voting upon the ordinance.
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| A governmental aggregator under this Section is not a |
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| public utility or an
alternative retail electric supplier.
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| (b) Upon the applicable requisite authority under this |
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| Section, the corporate
authorities or the county board, with |
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| assistance from the Illinois Power Agency, shall develop a plan |
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| of operation and
governance for the
aggregation program so |
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| authorized. Before adopting a plan under this Section,
the
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| corporate authorities or county board shall hold at least 2 |
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| public hearings on
the plan.
Before the first hearing, the |
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| 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 |
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| of general
circulation
in the jurisdiction. The notice shall |
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| summarize the plan and state the date,
time, and
location of |
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| each hearing.
Any load aggregation plan established pursuant to |
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| this Section shall: |
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| (1) provide for universal
access to all applicable |
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| residential customers and equitable treatment of |
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| applicable
residential customers; |
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| (2) describe demand management and energy efficiency |
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| services to be
provided to each class of customers;
and |
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| (3) meet any requirements established by law
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| concerning aggregated service offered pursuant to this |
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09500HB5257ham001 |
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LRB095 19168 MJR 49577 a |
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| Section. |
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| (c) The process for soliciting bids for electricity and |
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| other related services and awarding proposed agreements for the |
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| purchase of electricity and other related services shall be |
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| conducted in the following order: |
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| (1) The corporate authorities or county board may |
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| solicit bids for electricity and other related services. |
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| (2) An electric utility that provides residential |
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| retail service in the aggregate area must submit the names |
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| and addresses of residential retail customers in the |
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| aggregate area to the corporate authorities or the county |
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| board in an electronic format. |
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| (d) If the corporate authorities or county board operate |
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| under an opt-in program for residential retail customers, then |
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| the corporate authorities or county board shall comply with all |
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| of the following: |
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| (1) Within 60 days after receiving the bids, the |
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| corporate authorities or county board shall allow |
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| residential customers to commit to the terms and conditions |
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| of a bid that has been selected by the corporate |
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| authorities or county board. |
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| (2) If (A) the corporate authorities or county board |
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| award proposed agreements for the purchase of electricity |
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| and other related services and (B) an agreement is reached |
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| between the corporate authorities or county board for those |
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| services, then customers committed to the terms and |
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09500HB5257ham001 |
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LRB095 19168 MJR 49577 a |
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| conditions according to item (3) of this subsection (b) |
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| shall be committed to the agreement. |
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| (e) If the corporate authorities or county board operate as |
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| an opt-out program for residential retail customers, then it |
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| shall be the duty of the aggregated entity to fully inform
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| residential retail customers in advance that they have the |
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| right to opt out of the aggregation program.
The disclosure |
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| shall prominently state all charges to be made and
shall |
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| include
full disclosure of the cost to obtain service pursuant |
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| to Section 16-103 of the Public Utilities Act, how
to access |
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| it,
and the fact that it is available to them without penalty, |
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| if they are
currently receiving
service under that Section. The |
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| Illinois Power Agency shall furnish, without charge, to
any |
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| citizen a
list of all supply options available to them in a |
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| format that
allows
comparison of prices and products. |
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| The Illinois Power Agency shall provide assistance to |
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| municipalities, counties, or associations working with |
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| municipalities to help complete the plan and bidding process. |
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| This Section does not prohibit municipalities or counties |
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| from entering into an intergovernmental agreement to aggregate |
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| residential retail electric loads. |
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| (f) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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09500HB5257ham001 |
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LRB095 19168 MJR 49577 a |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (220 ILCS 5/17-800 rep.)
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| Section 10. The Public Utilities Act is amended by |
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| repealing Section 17-800.".
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