Full Text of SB1184 95th General Assembly
SB1184sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/1/2007
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| AMENDMENT TO SENATE BILL 1184
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| AMENDMENT NO. ______. Amend Senate Bill 1184 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Affordable and Clean Energy Standards (ACES) Act. | 6 |
| Section 5. Findings. The General Assembly finds the | 7 |
| following: | 8 |
| (1) Energy efficiency is a cost-effective resource that | 9 |
| ensures affordable and reliable energy to Illinois consumers. | 10 |
| (2) It is desirable to obtain the environmental quality, | 11 |
| public health, employment, economic development, rate | 12 |
| stabilization, and fuel diversity benefits of developing new | 13 |
| renewable energy resources for use in Illinois.
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| (3) The General Assembly has previously found and declared | 15 |
| that the benefits of electricity from renewable energy | 16 |
| resources accrue to the public at large, thus consumers and |
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| electric utilities and alternative retail electric suppliers | 2 |
| share an interest in developing and using a significant level | 3 |
| of these environmentally preferable resources in the State's | 4 |
| electricity supply portfolio.
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| (4) Energy efficiency and renewable energy in Illinois are | 6 |
| resources that are currently underutilized.
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| (5) Investment in energy efficiency and load management, | 8 |
| combined with energy efficiency codes and standards, present | 9 |
| important opportunities to increase Illinois' energy security, | 10 |
| protect Illinois energy consumers from price volatility, | 11 |
| preserve the State's natural resources and pursue an improved | 12 |
| environment in Illinois.
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| (6) It serves the public interest to support public utility | 14 |
| investments in cost-effective energy efficiency and load | 15 |
| management by allowing recovery of costs for reasonable and | 16 |
| prudently incurred expenses of energy efficiency, renewable | 17 |
| energy, and load management programs. | 18 |
| (7) Investments in energy efficiency and implementation of | 19 |
| utility energy efficiency programs dedicated to | 20 |
| economically-disadvantaged Illinois residents, in addition to | 21 |
| existing low-income weatherization programs managed by the | 22 |
| State of Illinois, will reduce the burden of utility costs on | 23 |
| low-income customers. | 24 |
| (8) Public utility investments in cost-effective energy | 25 |
| efficiency, renewable energy, and load management, combined | 26 |
| with the adoption of efficiency codes and standards, can |
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| provide significant reductions in greenhouse gas emissions, | 2 |
| regulated air emissions, water consumption, and natural | 3 |
| resource depletion and can avoid or delay the need for more | 4 |
| expensive generation, transmission, and distribution | 5 |
| infrastructure. | 6 |
| (9) It serves the public interest, the reliability of the | 7 |
| electric transmission grid, and the natural gas | 8 |
| infrastructure, as well as the State of Illinois' economy, to | 9 |
| treat energy efficiency programs as a resource similar to any | 10 |
| other supply side resource whose costs are eligible for | 11 |
| recovery through rates. | 12 |
| (10) Investment in energy efficiency programs is a public | 13 |
| good that public utility should be required to deliver | 14 |
| cost-effectively in order to provide real and sustained relief | 15 |
| to customers whose rising energy costs continue to threaten the | 16 |
| economic well-being of residential customers, businesses, and | 17 |
| industries in the State. | 18 |
| Section 10. Definitions. | 19 |
| "Board" means the Capital Development Board.
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| "Code" means the 2006 International Energy Conservation | 21 |
| Code.
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| "Commission" means the Illinois Commerce Commission.
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| "Cost-effective" means that the program being evaluated | 24 |
| satisfies the total resource cost test as defined in this | 25 |
| Section.
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| "Department" means the Department of Commerce and Economic | 2 |
| Opportunity.
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| "Distribution cooperative utility" means a utility with | 4 |
| distribution facilities organized as a rural electric | 5 |
| cooperative.
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| "Energy conservation" is any reduction in electric power | 7 |
| consumption or natural gas consumption resulting from:
(i) | 8 |
| increased energy efficiency in the production, transmission, | 9 |
| distribution, and customer end-use applications of electricity | 10 |
| and natural gas and
(ii) increased customer knowledge | 11 |
| concerning the societal impacts of consumption. Such knowledge | 12 |
| may be the result of economically efficient energy prices or | 13 |
| other means of communication when prices are of the second best | 14 |
| nature.
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| "Energy efficiency" means measures, including energy | 16 |
| conservation measures, or programs that target consumer | 17 |
| behavior, equipment, or devices to result in a decrease in | 18 |
| consumption of electricity and natural gas without reducing the | 19 |
| amount or quality of energy services.
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| "External costs" or "negative externalities" are costs | 21 |
| imposed on society that are not directly borne by the producer | 22 |
| in production and delivery activities. Due to imperfections in, | 23 |
| or the absence of, markets, the producer's production, and | 24 |
| pricing decisions do not account for these costs.
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| "Large customer" means a utility customer at a single, | 26 |
| contiguous field, location, or facility, regardless of the |
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| number of meters at that field, location, or facility, with | 2 |
| electricity consumption greater than 7,000 megawatt-hours per | 3 |
| year or natural gas use greater than 5,000 therms per year. | 4 |
| "Load management" means measures or programs that target | 5 |
| equipment or devices to result in decrease peak electricity | 6 |
| demand or shift demand from peak to off-peak periods | 7 |
| "Municipality" means any city, village, or incorporated | 8 |
| town.
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| "Planning costs" are the costs of evaluating the future | 10 |
| demand for energy services and of evaluating alternative | 11 |
| methods of satisfying that demand. Planning costs include, but | 12 |
| are not be limited to, costs associated with:
(i) econometric | 13 |
| and end-use forecasting,
(ii) identification and evaluation of | 14 |
| alternative demand-side and supply-side resource options,
and | 15 |
| (iii) evaluation of externalities associated with alternative | 16 |
| resources. | 17 |
| "Portfolio development costs" are costs of preparing a | 18 |
| resource in a portfolio for prompt and timely acquisition. | 19 |
| Portfolio development costs include, but are not be limited to, | 20 |
| costs associated with:
(i) negotiating contracts with | 21 |
| competitively acquired resources,
(ii) acquiring and holding | 22 |
| resource options; and
(iii) developing and maintaining the | 23 |
| capability to rapidly acquire demand-side resources.
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| "Residential building" means a detached one-family or | 25 |
| 2-family dwelling or any building that is 3 stories or less in | 26 |
| height above grade that contains multiple dwelling units, in |
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| which the occupants reside on a primarily permanent basis such | 2 |
| as a townhouse, a row house, an apartment house, a convent, a | 3 |
| monastery, a rectory, a fraternity or sorority house, a | 4 |
| dormitory, and a rooming house.
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| "Renewable energy resources" includes energy and renewable | 6 |
| energy credits from wind, solar thermal energy, photovoltaic | 7 |
| cells and panels, dedicated crops grown for energy production | 8 |
| and organic waste biomass, hydropower that does not involve new | 9 |
| construction or significant expansion of hydropower dams, and | 10 |
| other such alternative sources of environmentally preferable | 11 |
| energy. "Renewable energy resources" does not include energy | 12 |
| from the incineration, burning or heating of waste wood, tires, | 13 |
| garbage, general household, institutional and commercial | 14 |
| waste, industrial lunchroom or office waste, landscape waste, | 15 |
| or construction or demolition debris. | 16 |
| "Renewable energy credit" means a tradable credit that | 17 |
| represents the environmental attributes of a certain amount of | 18 |
| energy produced from a Renewable energy resource. | 19 |
| "Energy efficiency resources" means energy efficiency | 20 |
| programs designed to assist customers to use energy more | 21 |
| efficiently, reduce or control their consumption of energy, as | 22 |
| measured in kilowatts, kilowatthours or therms, or otherwise | 23 |
| control the level of their electric utility bills.
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| "Total resource cost test" means a standard that is met if, | 25 |
| for an investment in energy efficiency or load management, the | 26 |
| benefit-cost ratio is greater than one. The benefit-cost ratio |
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| is the ratio of the net present value of the total benefits of | 2 |
| the program to the net present value of the total costs as | 3 |
| calculated over the lifetime of the measures. A total resource | 4 |
| cost test's: | 5 |
| (1) benefits include, but are not limited to, avoided | 6 |
| supply costs, reductions in transmission, distribution, | 7 |
| generation, and capacity costs valued at marginal costs for | 8 |
| the periods when load is reduced, avoided environmental | 9 |
| damage, increased system reliability, and others deemed | 10 |
| appropriate by the Commission;
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| (2) costs are program costs paid by both the utility | 12 |
| and participant including, but not limited to, equipment | 13 |
| costs, installation, net operation and maintenance costs | 14 |
| or benefits, and program administration; and | 15 |
| (3) provisions include an oversight and evaluation | 16 |
| process that shall periodically monitor and develop data on | 17 |
| the cost effectiveness and actual productivity of demand | 18 |
| side efficiency and conservation programs. | 19 |
| Section 15. Utility energy efficiency programs. | 20 |
| (a) It is the policy of the State that electric and natural | 21 |
| gas utilities utilize cost-effective energy efficiency and | 22 |
| load management investments in their energy resource | 23 |
| portfolios.
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| (b) Electric utilities shall use energy efficiency | 25 |
| resources to meet the following energy savings goals:
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| (1) 0.2% of total load to be saved in 2008;
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| (2) 0.4% of total load to be saved in 2009;
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| (3) 0.6% of total load to be saved in 2010;
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| (4) 0.8% of total load to be saved in 2011;
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| (5) 1% of total load to be saved in 2012; and | 6 |
| (6) 2% of total load to be saved in 2015 and each year | 7 |
| thereafter. | 8 |
| (c) Natural gas utilities shall use energy efficiency | 9 |
| resources to meet the following energy savings goals:
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| (1) 0.2% of total annual Mcf to be saved in 2008;
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| (2) 0.4% of total annual Mcf to be saved in 2009;
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| (3) 0.6% of total annual Mcf to be saved in 2010;
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| (4) 0.8% of total annual Mcf to be saved in 2011;
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| (5) 1% of total annual Mcf to be saved in 2012; and | 15 |
| (6) 2% of total annual Mcf to be saved in 2015 and each | 16 |
| year thereafter. | 17 |
| (d) Implementation of the energy efficiency programs under | 18 |
| this Act shall be split between the utilities and the | 19 |
| Department of Commerce and Economic Opportunity. Electric and | 20 |
| natural gas utilities must implement programs accounting for | 21 |
| 75% of the total energy efficiency program identified in each | 22 |
| utility's energy efficiency plan. Electric and natural gas | 23 |
| utilities shall administer aggressive energy savings incentive | 24 |
| programs in a market-neutral, nondiscriminatory manner. | 25 |
| Each electric and natural gas utility shall provide, | 26 |
| through market-based standard offer and other related |
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| programs, incentives sufficient for retail electric and | 2 |
| natural gas customers and competitive energy service customers | 3 |
| to acquire additional, direct cost-effective energy efficiency | 4 |
| according to the goals set forth in this Plan. | 5 |
| The guidelines provide the utilities with policy and | 6 |
| planning guidance. Each utility's plan shall be the result of | 7 |
| that utility's unique planning process and judgment on how to | 8 |
| meet the energy efficiency savings goals identified in this Act | 9 |
| based on the best interests of consumers, the | 10 |
| cost-effectiveness of program offerings, and the circumstances | 11 |
| of the utility's service territory. The Department shall | 12 |
| implement energy efficiency programs accounting for 25% of the | 13 |
| total energy efficiency program budget identified in the | 14 |
| utilities' energy efficiency plans. The Department shall focus | 15 |
| on targeted market-transformation and educational programs | 16 |
| that provide additional energy savings beyond the utility | 17 |
| implemented programs. | 18 |
| (e) Within 3 months after the effective date of this Act, | 19 |
| the Commission shall adopt rules specifying the procedure for | 20 |
| electric and natural gas utilities to develop and submit an | 21 |
| energy efficiency plan. Rules shall specify the process for | 22 |
| coordination of energy efficiency program
planning between the | 23 |
| Department and the utilities. Within 3 months after adoption by | 24 |
| the Commission of rules, and biennially thereafter, Illinois | 25 |
| electric and natural gas utilities shall file an energy | 26 |
| efficiency plan with the Commission. In submitting proposed |
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| energy efficiency program plans and funding levels to
meet the | 2 |
| savings goals adopted by this Act, the utility shall:
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| (1) Demonstrate that their proposed level of electric | 4 |
| and natural gas energy efficiency program activities and | 5 |
| funding is consistent with the adopted electric and natural | 6 |
| gas savings goals. | 7 |
| (2) Present specific proposals for programs that | 8 |
| support new building and appliance standards. | 9 |
| (3) Present estimates of the net short-term and | 10 |
| long-term rate impacts and bill impacts associated with the | 11 |
| proposed portfolio of programs designed to meet the adopted | 12 |
| energy savings goals. The utilities shall work with | 13 |
| Commission to develop a consistent format for presenting | 14 |
| these estimates in their filings. | 15 |
| (4) Present a suite of energy efficiency programs | 16 |
| targeted to households at or below 150% of the poverty | 17 |
| level at a level proportionate to those households' share | 18 |
| of total annual utility expenditures in Illinois. | 19 |
| (5) Demonstrate that their investments in energy | 20 |
| efficiency are cost effective using the total resource cost | 21 |
| test. | 22 |
| (6) Include a proposed cost recovery tariff mechanism | 23 |
| to fund the proposed energy efficiency programs. | 24 |
| (f) The Commission shall require electric and natural gas | 25 |
| utilities to aggressively implement cost-effective energy | 26 |
| efficiency programs and utilities shall be eligible to recover |
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| the costs of investments in energy efficiency under the | 2 |
| following conditions: | 3 |
| (1) A public utility that undertakes energy efficiency | 4 |
| programs shall recover the costs of energy efficiency | 5 |
| programs implemented after the effective date of this Act, | 6 |
| if the utility complies with the energy efficiency plan | 7 |
| process described in subsection (d) of this Section and in | 8 |
| good faith implements the approved programs. | 9 |
| (2) A public utility that undertakes energy efficiency | 10 |
| programs under the requirements of this Act shall be | 11 |
| eligible to recover the costs of approved programs | 12 |
| implemented after the effective date through an approved | 13 |
| tariff rider. | 14 |
| (3) The tariff rider shall provide for the recovery, on | 15 |
| a monthly basis or otherwise, of all reasonable costs of | 16 |
| approved energy efficiency programs. | 17 |
| (4) The Commission may not arbitrarily limit cost | 18 |
| recovery for cost-effective programs based on previous | 19 |
| rate impact limits.
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| Section 20. Renewable portfolio standard. | 21 |
| (a) An electric utility shall procure or obtain renewable | 22 |
| energy resources in amounts equal to at least the following | 23 |
| percentages of the total electricity that it supplies to its | 24 |
| Illinois customers: 3% by December 31, 2008; 4% by December 31, | 25 |
| 2009; 5% by December 31, 2010; 6% by December 31, 2011; 7% by |
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| December 31, 2012; 8% by December 31, 2013; 9% by December 31, | 2 |
| 2014; 10% by December 31, 2015, and 25% by 2025. To the extent | 3 |
| that it is available, at least 75% of the renewable energy | 4 |
| resources used to meet these standards shall come from wind | 5 |
| generation.
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| (b) For the purpose of this Section, the required | 7 |
| procurement of renewable energy resources for a particular year | 8 |
| shall be measured as a percentage of the actual amount of | 9 |
| electricity (megawatthours) supplied by the electric utility | 10 |
| in the calendar year ending immediately prior to the | 11 |
| procurement.
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| (c) Notwithstanding the requirements of subsection (a), an | 13 |
| electric utility may reduce the amount of electric energy | 14 |
| procured under new contracts from renewable energy resources in | 15 |
| any single year by an amount necessary to limit the estimated | 16 |
| average net increase to customers, due to these contracts, to | 17 |
| be no more than 1.5% of customers' total electricity bills for | 18 |
| the calendar year ending immediately prior to the procurement, | 19 |
| subject to adjustments for any known subsequent rate increases. | 20 |
| Any reductions in one year shall be offset by additional | 21 |
| procurement in the following years subject to the annual | 22 |
| limitation set forth above.
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| (d) In order to achieve improved air and water quality, | 24 |
| additional environmental benefits, better public health, and | 25 |
| economic development for Illinois, renewable energy resources | 26 |
| shall be counted for the purpose of meeting the renewable |
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| energy standards set forth in subsection (a) of this Section | 2 |
| only if they are generated from facilities located in the State | 3 |
| or in a serious or severe ozone non-attainment area, as | 4 |
| designated by the United States Environmental Protection | 5 |
| Agency, in another directly adjacent state. Renewable energy | 6 |
| resources may be counted for purposes of the renewable energy | 7 |
| standards set forth in subsection (a) of this Section after | 8 |
| December 31, 2010 if they are generated from a facility | 9 |
| anywhere in a directly adjacent state or in any state that is | 10 |
| currently in the United States Environmental Protection Agency | 11 |
| Region V, and if that state has entered into an agreement with | 12 |
| the State as provided in subsection (e), and if the renewable | 13 |
| energy resources procured meet the formula set forth in | 14 |
| subsection (b) of this Section.
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| (e) The Department of Commerce and Economic Opportunity and | 16 |
| other state officials shall attempt to work with public | 17 |
| officials in directly adjacent states and other states | 18 |
| currently in United States Environmental Protection Agency | 19 |
| Region V to develop an agreement in which electric utilities in | 20 |
| the State shall be allowed, after December 31, 2010, to count | 21 |
| for the purpose of meeting the designated renewable energy | 22 |
| standards set forth in subsection (a) of this Section some | 23 |
| renewable energy resources generated in a directly adjacent | 24 |
| state or in any state that is currently in United States | 25 |
| Environmental Protection Agency Region V if that state has | 26 |
| enacted renewable energy portfolio standards and that other |
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| state also allows renewable energy resources generated in the | 2 |
| State to be counted towards meeting its statutory renewable | 3 |
| energy standards on substantially the same basis. For the | 4 |
| purposes of such an agreement, all renewable energy resources | 5 |
| procured must meet the method of calculation set forth in this | 6 |
| Act.
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| (f) Each electric utility shall report to the Commission on | 8 |
| compliance with these standards by April 1 of each year, | 9 |
| beginning in 2008.
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| (g) If an electric utility does not procure or obtain the | 11 |
| full amount of renewable energy resources specified by the | 12 |
| standards in subsection (a) of this Section, as modified by the | 13 |
| limitations of subsection (c) of this Section, then the | 14 |
| electric utility shall pay a penalty of $40 per megawatthour | 15 |
| each year for any shortfall unless and until the utility makes | 16 |
| sufficient purchases to meet the requirement. Provided, | 17 |
| however, that, if the electric utility proves to the Commission | 18 |
| that renewable energy resources are not available in sufficient | 19 |
| quantities to meet the renewable energy standards set forth in | 20 |
| subsection (a) of this Section, as modified by the limitations | 21 |
| of subsection (c) of this Section, and, if the Commission finds | 22 |
| that the electric utility has, in fact, proved that the | 23 |
| renewable energy resources are not available in sufficient | 24 |
| quantities, after notice and a hearing conducted in accordance | 25 |
| with the Commission's rules of practice, then the Commission | 26 |
| shall waive the penalty. Any penalty payment shall be deposited |
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| into the Renewable Energy Resources Trust Fund to be used by | 2 |
| the Department of Commerce and Economic Opportunity for the | 3 |
| sole purposes of supporting the actual development, | 4 |
| construction, and utilization of renewable energy projects in | 5 |
| the State.
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| (h) The Commission shall promulgate rules as necessary | 7 |
| within 12 months after the effective date of this Act to assist | 8 |
| in implementing this Section including, but not limited to, | 9 |
| methods of procurement, accounting, tracking, and reporting in | 10 |
| order to achieve the full objectives of this Section. The rules | 11 |
| shall also provide for recovery of costs incurred and the pass | 12 |
| through to customers of any savings achieved by electric | 13 |
| utilities as a result of procuring or obtaining the renewable | 14 |
| energy resources specified under subsection (a) of this | 15 |
| Section. The rate elements and rates used for such cost | 16 |
| recovery may be established by the electric utility, subject to | 17 |
| the Commission's review and approval, outside the context of a | 18 |
| general rate case.
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| (i) In connection with their compliance with the | 20 |
| requirements of subsection (a) of this Section, electric | 21 |
| utilities may enter into long-term contracts of up to 20 years | 22 |
| in length with providers of renewable energy resources, and the | 23 |
| costs or savings associated with those contracts shall be | 24 |
| reflected in tariffed rates for the duration of those | 25 |
| contracts.
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| (j) Nothing shall prohibit an electric utility from issuing |
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| a competitive solicitation for renewable energy resources in | 2 |
| order to meet the standards of subsection (a) of this Section | 3 |
| and from beginning to recover the associated costs in advance | 4 |
| of the conclusion of the rulemaking referenced in subsection | 5 |
| (h) of this Section, provided that such electric utility shall | 6 |
| have first requested and received Commission approval for the | 7 |
| design and conduct of such solicitation and the associated cost | 8 |
| recovery methodology and tariff, which the Commission shall | 9 |
| review and consider.
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| Section 25. Residential building energy code; home rule. | 11 |
| (a) The Board shall adopt the 2006 International Energy | 12 |
| Conservation Code (IECC), without amendment, as the statewide | 13 |
| residential building code for new home construction and | 14 |
| significant additions or remodels of existing homes.
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| (b) Except as otherwise provided by this Act, the Code | 16 |
| shall apply to any residential building or structure in this | 17 |
| State for which a building permit application is received by a | 18 |
| municipality or county on or after the effective date of this | 19 |
| Act.
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| The following buildings shall be exempt from the Energy | 21 |
| Efficient Building Code:
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| (1) Buildings otherwise exempt from the provisions of a | 23 |
| locally adopted building code and buildings that do not | 24 |
| contain a conditioned space.
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| (2) Buildings that do not use either electricity or |
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| fossil fuel for comfort conditioning. For purposes of | 2 |
| determining whether this exemption applies, a building | 3 |
| will be presumed to be heated by electricity, even in the | 4 |
| absence of equipment used for electric comfort heating, | 5 |
| whenever the building is provided with electrical service | 6 |
| in excess of 100 amps, unless the code enforcement official | 7 |
| determines that this electrical service is necessary for | 8 |
| purposes other than providing electric comfort heating.
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| (3) Buildings that are listed on the National Register | 10 |
| of Historic Places or the Illinois Register of Historic | 11 |
| Places and buildings that have been designated as | 12 |
| historically significant by a local governing body that is | 13 |
| authorized to make such designations.
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| (c) The Board, or the Illinois Building Commission as | 15 |
| directed by the Board, shall make available implementation | 16 |
| materials that explain the requirements of the Code and | 17 |
| describe methods of compliance acceptable to Code enforcement | 18 |
| officials.
The materials shall include software tools, | 19 |
| simplified prescriptive options, and other materials as | 20 |
| appropriate. The simplified materials shall be designed for | 21 |
| projects in which a design professional may not be involved.
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| The Board shall provide local jurisdictions with technical | 23 |
| assistance concerning implementation and enforcement of the | 24 |
| Code.
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| (d) The Board shall determine procedures for compliance | 26 |
| with the Code. These procedures may include but need not be |
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| limited to certification by a national, State, or local | 2 |
| accredited energy conservation program or inspections from | 3 |
| private Code-certified inspectors using the Code.
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| (e) The Board may adopt any rules that are necessary for | 5 |
| the enforcement of this Act.
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| (f) In the development of Code adaptations, rules, and | 7 |
| procedures for compliance with the Code, the Capital | 8 |
| Development Board, or the Illinois Building Commission as | 9 |
| directed by the Board, shall seek input from representatives | 10 |
| from the building trades, design professionals, construction | 11 |
| professionals, code administrators, and other interested | 12 |
| entities affected.
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| (g) No unit of local government, including any home rule | 14 |
| unit, shall have the authority to regulate energy efficient | 15 |
| building standards in a manner that is less stringent than the | 16 |
| provisions contained in this Act. This subsection (g) is a | 17 |
| limitation under subsection (i) of Section 6 of Article VII of | 18 |
| the Illinois Constitution on the concurrent exercise by home | 19 |
| rule units of powers and functions exercised by the State.
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| Section 900. The Renewable Energy, Energy Efficiency, and | 21 |
| Coal Resources Development Law of 1997 is amended by changing | 22 |
| Sections 6-5 and 6-7 as follows:
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| (20 ILCS 687/6-5)
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| (Section scheduled to be repealed on December 16, 2007)
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LRB095 10949 MJR 32468 a |
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| Sec. 6-5. Renewable Energy Resources and Coal Technology
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| Development Assistance Charge.
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| (a) Notwithstanding the provisions of Section 16-111 of the | 4 |
| Public
Utilities
Act but subject to subsection (e) of this | 5 |
| Section,
each
public utility, electric cooperative, as defined | 6 |
| in Section 3.4 of the Electric
Supplier
Act, and municipal | 7 |
| utility, as referenced in Section 3-105 of the Public
Utilities | 8 |
| Act,
that is engaged in the delivery of electricity or the | 9 |
| distribution of natural
gas within
the State of Illinois shall, | 10 |
| effective January 1, 1998, assess each of its
customer
accounts | 11 |
| a monthly Renewable Energy Resources and Coal Technology
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| Development Assistance Charge. The delivering public utility, | 13 |
| municipal
electric or
gas utility, or electric or gas | 14 |
| cooperative for a self-assessing purchaser
remains
subject to | 15 |
| the collection of the fee imposed by this Section. The monthly
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| charge
shall be as follows:
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| (1) $0.05 per month on each account for residential
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| electric service as defined in Section 13 of the Energy
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| Assistance Act;
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| (2) $0.05 per month on each account for residential
gas | 21 |
| service as defined in Section 13 of the
Energy Assistance | 22 |
| Act;
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| (3) $0.50 per month on each account for
nonresidential | 24 |
| electric service, as defined in Section 13
of the Energy | 25 |
| Assistance Act, which had less than 10
megawatts of peak | 26 |
| demand during the previous calendar
year;
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LRB095 10949 MJR 32468 a |
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| (4) $0.50 per month on each account for
nonresidential | 2 |
| gas service, as defined in Section 13 of
the Energy | 3 |
| Assistance Act, which had distributed to it
less than | 4 |
| 4,000,000
therms of gas during the previous calendar year;
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| (5) $37.50 per month on each account for
nonresidential | 6 |
| electric service, as defined in Section 13
of the Energy | 7 |
| Assistance Act, which had 10 megawatts
or greater of peak | 8 |
| demand during the previous calendar
year; and
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| (6) $37.50 per month on each account for
nonresidential | 10 |
| gas service, as defined in Section 13 of
the Energy | 11 |
| Assistance Act, which had 4,000,000 or
more therms of gas | 12 |
| distributed to it during the previous
calendar year.
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| (b) The Renewable Energy Resources and Coal Technology | 14 |
| Development
Assistance
Charge assessed by electric and gas | 15 |
| public utilities shall be considered a
charge
for public | 16 |
| utility service.
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| (c) Until January 1, 2008, 50%
Fifty percent of the moneys | 18 |
| collected pursuant to
this Section shall be deposited in the | 19 |
| Renewable Energy
Resources Trust Fund by the Department of | 20 |
| Revenue and the
. The remaining 50 percent
of the moneys
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| collected pursuant to this Section shall be deposited in the
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| Coal Technology Development Assistance Fund by the Department | 23 |
| of Revenue
for use under the
Illinois Coal Technology | 24 |
| Development Assistance Act. Beginning on January 1, 2008, 100% | 25 |
| of the moneys deposited pursuant to this Section shall be | 26 |
| deposited in the Renewable Energy Resources Trust Fund.
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LRB095 10949 MJR 32468 a |
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| (d) By the 20th day of the month following the month in | 2 |
| which the charges
imposed by this Section were collected, each | 3 |
| utility
and alternative retail electric
supplier collecting | 4 |
| charges
pursuant to this Section shall remit
to the Department | 5 |
| of Revenue for deposit in the
Renewable Energy Resources Trust | 6 |
| Fund and the Coal Technology Development
Assistance Fund all
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| moneys received as payment of the charge provided for in this
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| Section on a return prescribed and furnished by the Department | 9 |
| of Revenue
showing such information as the Department of | 10 |
| Revenue may reasonably require.
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| (e) The charges imposed by this Section shall only apply
to | 12 |
| customers of municipal electric or gas utilities and electric | 13 |
| or gas
cooperatives if the municipal electric or gas utility or | 14 |
| electric or
gas
cooperative makes an affirmative decision to | 15 |
| impose the
charge.
If a municipal electric or gas utility or an | 16 |
| electric or gas cooperative
makes an
affirmative decision to | 17 |
| impose the charge provided by this Section, the
municipal
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| electric or gas utility or electric or gas cooperative shall | 19 |
| inform the
Department of
Revenue in writing of such decision | 20 |
| when it begins to impose the charge.
If a municipal electric or | 21 |
| gas utility or electric or gas
cooperative does not assess this | 22 |
| charge, its customers shall
not be eligible for the Renewable | 23 |
| Energy Resources Program.
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| (f) The Department of Revenue may establish such rules as | 25 |
| it deems
necessary to implement this Section.
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| (Source: P.A. 92-690, eff. 7-18-02.)
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LRB095 10949 MJR 32468 a |
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| (20 ILCS 687/6-7)
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| (Section scheduled to be repealed on December 16, 2007)
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| Sec. 6-7. Repeal. The provisions of this Law are repealed | 4 |
| on December 12, 2015
10
years after the effective date of this | 5 |
| amendatory Act of 1997
unless renewed by act of the General | 6 |
| Assembly.
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| (Source: P.A. 90-561, eff. 12-16-97.)
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| Section 905. The Energy Assistance Act is amended by | 9 |
| changing Section 13 as follows:
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| (305 ILCS 20/13)
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| (Section scheduled to be repealed on December 31, 2007) | 12 |
| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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| (a) The Supplemental Low-Income Energy Assistance
Fund is | 14 |
| hereby created as a special fund in the State
Treasury. The | 15 |
| Supplemental Low-Income Energy Assistance Fund
is authorized | 16 |
| to receive moneys from voluntary donations from individuals, | 17 |
| foundations, corporations, and other sources, moneys received | 18 |
| pursuant to Section 17, and, by statutory deposit, the moneys
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| collected pursuant to this Section. The Fund is also authorized | 20 |
| to receive voluntary donations from individuals, foundations, | 21 |
| corporations, and other sources, as well as contributions made | 22 |
| in accordance with Section 507MM of the Illinois Income Tax | 23 |
| Act. Subject to appropriation,
the Department shall use
moneys |
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LRB095 10949 MJR 32468 a |
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| from the Supplemental Low-Income Energy Assistance Fund
for | 2 |
| payments to electric or gas public utilities,
municipal | 3 |
| electric or gas utilities, and electric cooperatives
on behalf | 4 |
| of their customers who are participants in the
program | 5 |
| authorized by Section 4 of this Act, for the provision of
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| weatherization services and for
administration of the | 7 |
| Supplemental Low-Income Energy
Assistance Fund. The yearly | 8 |
| expenditures for weatherization may not exceed 10%
of the | 9 |
| amount collected during the year pursuant to this Section. The | 10 |
| yearly administrative expenses of the
Supplemental Low-Income | 11 |
| Energy Assistance Fund may not exceed
10% of the amount | 12 |
| collected during that year
pursuant to this Section.
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| (b) Notwithstanding the provisions of Section 16-111
of the | 14 |
| Public Utilities Act but subject to subsection (k) of this | 15 |
| Section,
each public utility, electric
cooperative, as defined | 16 |
| in Section 3.4 of the Electric Supplier Act,
and municipal | 17 |
| utility, as referenced in Section 3-105 of the Public Utilities
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| Act, that is engaged in the delivery of electricity or the
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| distribution of natural gas within the State of Illinois
shall, | 20 |
| effective January 1, 1998,
assess each of
its customer accounts | 21 |
| a monthly Energy Assistance Charge for
the Supplemental | 22 |
| Low-Income Energy Assistance Fund.
The delivering public | 23 |
| utility, municipal electric or gas utility, or electric
or gas
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| cooperative for a self-assessing purchaser remains subject to | 25 |
| the collection of
the
fee imposed by this Section.
The
monthly | 26 |
| charge shall be as follows:
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LRB095 10949 MJR 32468 a |
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| (1) $0.40 per month on each account for
residential | 2 |
| electric service;
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| (2) $0.40 per month on each account for
residential gas | 4 |
| service;
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| (3) $4 per month on each account for non-residential | 6 |
| electric service
which had less than 10 megawatts
of peak | 7 |
| demand during the previous calendar year;
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| (4) $4 per month on each account for non-residential | 9 |
| gas service which
had distributed to it less than
4,000,000 | 10 |
| therms of gas during the previous calendar year;
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| (5) $300 per month on each account for non-residential | 12 |
| electric service
which had 10 megawatts or greater
of peak | 13 |
| demand during the previous calendar year; and
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| (6) $300 per month on each account for non-residential | 15 |
| gas service
which had 4,000,000 or more therms of
gas | 16 |
| distributed to it during the previous calendar year.
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| (c) For purposes of this Section:
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| (1) "residential electric service" means
electric | 19 |
| utility service for household purposes delivered to a
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| dwelling of 2 or fewer units which is billed under a
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| residential rate, or electric utility service for | 22 |
| household
purposes delivered to a dwelling unit or units | 23 |
| which is billed
under a residential rate and is registered | 24 |
| by a separate meter
for each dwelling unit;
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| (2) "residential gas service" means gas utility
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| service for household purposes distributed to a dwelling of
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LRB095 10949 MJR 32468 a |
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| 2 or fewer units which is billed under a residential rate,
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| or gas utility service for household purposes distributed | 3 |
| to a
dwelling unit or units which is billed under a | 4 |
| residential
rate and is registered by a separate meter for | 5 |
| each dwelling
unit;
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| (3) "non-residential electric service" means
electric | 7 |
| utility service which is not residential electric
service; | 8 |
| and
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| (4) "non-residential gas service" means gas
utility | 10 |
| service which is not residential gas service.
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| (d) At least 45 days prior to the date on which it
must | 12 |
| begin assessing Energy Assistance Charges, each public
utility | 13 |
| engaged in the delivery of electricity or the
distribution of | 14 |
| natural gas shall file with the Illinois
Commerce Commission | 15 |
| tariffs incorporating the Energy
Assistance Charge in other | 16 |
| charges stated in such tariffs.
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| (e) The Energy Assistance Charge assessed by
electric and | 18 |
| gas public utilities shall be considered a charge
for public | 19 |
| utility service.
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| (f) By the 20th day of the month following the month in | 21 |
| which the charges
imposed by the Section were collected, each | 22 |
| public
utility,
municipal utility, and electric cooperative | 23 |
| shall remit to the
Department of Revenue all moneys received as | 24 |
| payment of the
Energy Assistance Charge on a return prescribed | 25 |
| and furnished by the
Department of Revenue showing such | 26 |
| information as the Department of Revenue may
reasonably |
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LRB095 10949 MJR 32468 a |
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| require. If a customer makes a partial payment, a public
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| utility, municipal
utility, or electric cooperative may elect | 3 |
| either: (i) to apply
such partial payments first to amounts | 4 |
| owed to the
utility or cooperative for its services and then to | 5 |
| payment
for the Energy Assistance Charge or (ii) to apply such | 6 |
| partial payments
on a pro-rata basis between amounts owed to | 7 |
| the
utility or cooperative for its services and to payment for | 8 |
| the
Energy Assistance Charge.
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| (g) The Department of Revenue shall deposit into the
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| Supplemental Low-Income Energy Assistance Fund all moneys
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| remitted to it in accordance with subsection (f) of this
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| Section.
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| (h) (Blank).
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| On or before December 31, 2002, the Department shall
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| prepare a report for the General Assembly on the expenditure of | 16 |
| funds
appropriated from the Low-Income Energy Assistance Block | 17 |
| Grant Fund for the
program authorized under Section 4 of this | 18 |
| Act.
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| (i) The Department of Revenue may establish such
rules as | 20 |
| it deems necessary to implement this Section.
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| (j) The Department of Healthcare and Family Services | 22 |
| Economic Opportunity
may establish such rules as it deems | 23 |
| necessary to implement
this Section.
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| (k) The charges imposed by this Section shall only apply to | 25 |
| customers of
municipal electric or gas utilities and electric | 26 |
| or gas cooperatives if
the municipal
electric or gas
utility or |
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LRB095 10949 MJR 32468 a |
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| electric or gas cooperative makes an affirmative decision to
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| impose the
charge. If a municipal electric or gas utility or an | 3 |
| electric
cooperative makes an affirmative decision to impose | 4 |
| the charge provided by
this
Section, the municipal electric or | 5 |
| gas utility or electric cooperative shall
inform the
Department | 6 |
| of Revenue in writing of such decision when it begins to impose | 7 |
| the
charge. If a municipal electric or gas utility or electric | 8 |
| or gas
cooperative does not
assess
this charge, the Department | 9 |
| may not use funds from the Supplemental Low-Income
Energy | 10 |
| Assistance Fund to provide benefits to its customers under the | 11 |
| program
authorized by Section 4 of this Act.
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| In its use of federal funds under this Act, the Department | 13 |
| may not cause a
disproportionate share of those federal funds | 14 |
| to benefit customers of systems
which do not assess the charge | 15 |
| provided by this Section.
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| This Section is repealed effective December 31, 2015
2007
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| unless
renewed by action of the General Assembly. The General | 18 |
| Assembly shall
consider the results of the evaluations | 19 |
| described in Section 8 in its
deliberations.
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| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 21 |
| 94-817, eff. 5-30-06; revised 8-3-06.)
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| Section 997. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 999. Effective date. This Act takes effect upon |
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| becoming law.".
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