Full Text of SB1184 95th General Assembly
SB1184sam002 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/23/2007
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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 |
| "Commission" means the Illinois Commerce Commission.
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| "Cost-effective" means that the program being evaluated | 21 |
| satisfies the total resource cost test as defined in this | 22 |
| Section.
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| "Department" means the Department of Commerce and Economic | 24 |
| Opportunity.
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| "Energy conservation" is any reduction in electric power |
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| consumption or natural gas consumption resulting from:
(i) | 2 |
| increased energy efficiency in the production, transmission, | 3 |
| distribution, and customer end-use applications of electricity | 4 |
| and natural gas and
(ii) increased customer knowledge | 5 |
| concerning the societal impacts of consumption. Such knowledge | 6 |
| may be the result of economically efficient energy prices or | 7 |
| other means of communication when prices are of the second best | 8 |
| nature.
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| "Energy efficiency" means measures, including energy | 10 |
| conservation measures, or programs that target consumer | 11 |
| behavior, equipment or devices, or development and | 12 |
| demonstration of breakthrough energy efficiency equipment or | 13 |
| devices, that result in a decrease in consumption of | 14 |
| electricity and natural gas without reducing the amount or | 15 |
| quality of energy service. | 16 |
| "External costs" or "negative externalities" are costs | 17 |
| imposed on society that are not directly borne by the producer | 18 |
| in production and delivery activities. Due to imperfections in, | 19 |
| or the absence of, markets, the producer's production, and | 20 |
| pricing decisions do not account for these costs.
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| "Large customer" means a utility customer at a single, | 22 |
| contiguous field, location, or facility, regardless of the | 23 |
| number of meters at that field, location, or facility, with | 24 |
| electricity consumption greater than 7,000 megawatt-hours per | 25 |
| year or natural gas use greater than 5,000 therms per year. | 26 |
| "Load management" means measures or programs that target |
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| equipment or devices to result in decrease peak electricity | 2 |
| demand or shift demand from peak to off-peak periods | 3 |
| "Municipality" means any city, village, or incorporated | 4 |
| town.
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| "Planning costs" are the costs of evaluating the future | 6 |
| demand for energy services and of evaluating alternative | 7 |
| methods of satisfying that demand. Planning costs include, but | 8 |
| are not be limited to, costs associated with:
(i) econometric | 9 |
| and end-use forecasting,
(ii) identification and evaluation of | 10 |
| alternative demand-side and supply-side resource options,
and | 11 |
| (iii) evaluation of externalities associated with alternative | 12 |
| resources. | 13 |
| "Portfolio development costs" are costs of preparing a | 14 |
| resource in a portfolio for prompt and timely acquisition. | 15 |
| Portfolio development costs include, but are not be limited to, | 16 |
| costs associated with:
(i) negotiating contracts with | 17 |
| competitively acquired resources,
(ii) acquiring and holding | 18 |
| resource options; and
(iii) developing and maintaining the | 19 |
| capability to rapidly acquire demand-side resources.
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| "Renewable energy resources" includes energy and renewable | 21 |
| energy credits from wind, solar thermal energy, photovoltaic | 22 |
| cells and panels, dedicated crops grown for energy production | 23 |
| and organic waste biomass, hydropower that does not involve new | 24 |
| construction or significant expansion of hydropower dams, and | 25 |
| other such alternative sources of environmentally preferable | 26 |
| energy. "Renewable energy resources" does not include energy |
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| from the incineration, burning or heating of waste wood, tires, | 2 |
| garbage, general household, institutional and commercial | 3 |
| waste, industrial lunchroom or office waste, landscape waste, | 4 |
| or construction or demolition debris. | 5 |
| "Renewable energy credit" means a tradable credit that | 6 |
| represents the environmental attributes of a certain amount of | 7 |
| energy produced from a Renewable energy resource. | 8 |
| "Energy efficiency resources" means energy efficiency | 9 |
| programs designed to assist customers to use energy more | 10 |
| efficiently, reduce or control their consumption of energy, as | 11 |
| measured in kilowatts, kilowatthours or therms, or otherwise | 12 |
| control the level of their electric utility bills.
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| "Total resource cost test" means a standard that is met if, | 14 |
| for an investment in energy efficiency or load management, the | 15 |
| benefit-cost ratio is greater than one. The benefit-cost ratio | 16 |
| is the ratio of the net present value of the total benefits of | 17 |
| the program to the net present value of the total costs as | 18 |
| calculated over the lifetime of the measures. A total resource | 19 |
| cost test's: | 20 |
| (1) benefits include, but are not limited to, avoided | 21 |
| supply costs, reductions in transmission, distribution, | 22 |
| generation, and capacity costs valued at marginal costs for | 23 |
| the periods when load is reduced, avoided environmental | 24 |
| damage, increased system reliability, and others deemed | 25 |
| appropriate by the Commission;
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| (2) costs are program costs paid by both the utility |
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| and participant including, but not limited to, equipment | 2 |
| costs, installation, net operation and maintenance costs | 3 |
| or benefits, and program administration; and | 4 |
| (3) provisions include an oversight and evaluation | 5 |
| process that shall periodically monitor and develop data on | 6 |
| the cost effectiveness and actual productivity of demand | 7 |
| side efficiency and conservation programs. | 8 |
| Section 15. Utility energy efficiency programs. | 9 |
| (a) It is the policy of the State that electric and natural | 10 |
| gas utilities utilize cost-effective energy efficiency and | 11 |
| load management investments in their energy resource | 12 |
| portfolios.
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| (b) Electric utilities shall use energy efficiency | 14 |
| 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 | 20 |
| (6) 2% of total load to be saved in 2015 and each year | 21 |
| thereafter. | 22 |
| (c) Natural gas utilities shall use energy efficiency | 23 |
| 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 | 4 |
| (6) 2% of total annual Mcf to be saved in 2015 and each | 5 |
| year thereafter. | 6 |
| (d) Notwithstanding the requirements of subsections (b) | 7 |
| and (c) of this Section, an electric or natural gas utility may | 8 |
| reduce the amount of energy efficiency resources it procures to | 9 |
| meet energy savings goals in any single year by an amount | 10 |
| necessary to limit the estimated average net increase to | 11 |
| customers, due to this provision to be no more than 0.5% of | 12 |
| customers' total electricity bills for the calendar year ending | 13 |
| immediately prior to the procurement, with such limit | 14 |
| increasing by 0.5% in each of the 4 years 2009 through 2011, | 15 |
| for a maximum cap on the allowed estimated average increase due | 16 |
| to the cost of these resources of 2.0%. No later than June 30, | 17 |
| 2011 the Commission shall review the rate limitation and report | 18 |
| to the General Assembly its findings as to whether the rate cap | 19 |
| unduly constrains the procurement of energy efficiency | 20 |
| resources that would be cost effective. | 21 |
| (e) Implementation of the energy efficiency programs under | 22 |
| this Act shall be split between the utilities and the | 23 |
| Department of Commerce and Economic Opportunity. Electric and | 24 |
| natural gas utilities must implement programs accounting for | 25 |
| 75% of the total energy efficiency program identified in each | 26 |
| utility's energy efficiency plan. Electric and natural gas |
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| utilities shall administer aggressive energy savings incentive | 2 |
| programs in a market-neutral, nondiscriminatory manner. | 3 |
| Each electric and natural gas utility shall provide, | 4 |
| through market-based standard offer and other related | 5 |
| programs, incentives sufficient for retail electric and | 6 |
| natural gas customers and competitive energy service customers | 7 |
| to acquire additional, direct cost-effective energy efficiency | 8 |
| according to the goals set forth in this Plan. | 9 |
| The guidelines provide the utilities with policy and | 10 |
| planning guidance. Each utility's plan shall be the result of | 11 |
| that utility's unique planning process and judgment on how to | 12 |
| meet the energy efficiency savings goals identified in this Act | 13 |
| based on the best interests of consumers, the | 14 |
| cost-effectiveness of program offerings, and the circumstances | 15 |
| of the utility's service territory. The Department shall | 16 |
| implement energy efficiency programs accounting for 25% of the | 17 |
| total energy efficiency program budget identified in the | 18 |
| utilities' energy efficiency plans. The Department shall focus | 19 |
| on targeted market-transformation and educational programs | 20 |
| that provide additional energy savings beyond the utility | 21 |
| implemented programs. | 22 |
| (f) Within 3 months after the effective date of this Act, | 23 |
| the Commission shall adopt rules specifying the procedure for | 24 |
| electric and natural gas utilities to develop and submit an | 25 |
| energy efficiency plan. Rules shall specify the process for | 26 |
| coordination of energy efficiency program
planning between the |
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| Department and the utilities. Within 3 months after adoption by | 2 |
| the Commission of rules, and biennially thereafter, Illinois | 3 |
| electric and natural gas utilities shall file an energy | 4 |
| efficiency plan with the Commission. In submitting proposed | 5 |
| energy efficiency program plans and funding levels to
meet the | 6 |
| savings goals adopted by this Act, the utility shall:
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| (1) Demonstrate that their proposed level of electric | 8 |
| and natural gas energy efficiency program activities and | 9 |
| funding is consistent with the adopted electric and natural | 10 |
| gas savings goals. | 11 |
| (2) Present specific proposals for programs that | 12 |
| support new building and appliance standards. | 13 |
| (3) Present estimates of the net short-term and | 14 |
| long-term rate impacts and bill impacts associated with the | 15 |
| proposed portfolio of programs designed to meet the adopted | 16 |
| energy savings goals. The utilities shall work with | 17 |
| Commission to develop a consistent format for presenting | 18 |
| these estimates in their filings. | 19 |
| (4) Present a suite of energy efficiency programs | 20 |
| targeted to households at or below 150% of the poverty | 21 |
| level at a level proportionate to those households' share | 22 |
| of total annual utility expenditures in Illinois. | 23 |
| (5) Demonstrate that their investments in energy | 24 |
| efficiency are cost effective using the total resource cost | 25 |
| test. | 26 |
| (6) Include a proposed cost recovery tariff mechanism |
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| to fund the proposed energy efficiency programs. | 2 |
| (g) The Commission shall require electric and natural gas | 3 |
| utilities to aggressively implement cost-effective energy | 4 |
| efficiency programs and utilities shall be eligible to recover | 5 |
| the costs of investments in energy efficiency under the | 6 |
| following conditions: | 7 |
| (1) A public utility that undertakes energy efficiency | 8 |
| programs shall recover the costs of energy efficiency | 9 |
| programs implemented after the effective date of this Act, | 10 |
| if the utility complies with the energy efficiency plan | 11 |
| process described in subsection (d) of this Section and in | 12 |
| good faith implements the approved programs. | 13 |
| (2) A public utility that undertakes energy efficiency | 14 |
| programs under the requirements of this Act shall be | 15 |
| eligible to recover the costs of approved programs | 16 |
| implemented after the effective date through an approved | 17 |
| tariff rider. | 18 |
| (3) The tariff rider shall provide for the recovery, on | 19 |
| a monthly basis or otherwise, of all reasonable costs of | 20 |
| approved energy efficiency programs. | 21 |
| (4) The Commission may not arbitrarily limit cost | 22 |
| recovery for cost-effective programs based on previous | 23 |
| rate impact limits.
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| (h) No more than 1% of energy efficiency program revenue | 25 |
| may be allocated for demonstration and deployment of | 26 |
| breakthrough energy efficiency equipment and devices. |
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| Section 20. Renewable portfolio standard. | 2 |
| (a) An electric utility shall procure or obtain renewable | 3 |
| energy resources in amounts equal to at least the following | 4 |
| percentages of the total electricity that it supplies to its | 5 |
| Illinois customers: 3% by December 31, 2008; 4% by December 31, | 6 |
| 2009; 5% by December 31, 2010; 6% by December 31, 2011; 7% by | 7 |
| December 31, 2012; 8% by December 31, 2013; 9% by December 31, | 8 |
| 2014; and 10% by December 31, 2015. It shall be the goal of the | 9 |
| State to ensure that the percentage of renewable energy | 10 |
| resources provided under this section continue to increase | 11 |
| after 2015 by 1.5% per year to 25% by 2025. To the extent that | 12 |
| it is available, at least 75% of the renewable energy resources | 13 |
| used to meet these standards shall come from wind generation.
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| (b) For the purpose of this Section, the required | 15 |
| procurement of renewable energy resources for a particular year | 16 |
| shall be measured as a percentage of the actual amount of | 17 |
| electricity (megawatthours) supplied by the electric utility | 18 |
| in the calendar year ending immediately prior to the | 19 |
| procurement.
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| (c) Notwithstanding the requirements of subsection (a), an | 21 |
| electric utility may reduce the amount of electric energy | 22 |
| procured under new contracts from renewable energy resources in | 23 |
| any single year by an amount necessary to limit the estimated | 24 |
| average net increase to customers, due to these contracts, to | 25 |
| be no more than 0.5% of customers' total electricity bills for |
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| the calendar year ending immediately prior to the procurement, | 2 |
| subject to adjustments for any known subsequent rate increases. | 3 |
| Any reductions in one year shall be offset by additional | 4 |
| procurement in the following years subject to the annual | 5 |
| limitation in this Section, with such limit increasing by 0.5% | 6 |
| in each of the 4 years 2009 through 2012, for a maximum cap on | 7 |
| the allowed estimated average increase due to the cost of these | 8 |
| resources of 2.5%. No later than June 30, 2012, the Commission | 9 |
| shall review the rate limitation and report to the General | 10 |
| Assembly its findings as to whether the rate cap unduly | 11 |
| constrains the procurement of renewable energy resources that | 12 |
| are cost effective.
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| (d) Renewable energy resources shall be counted for the | 14 |
| purpose of meeting the renewable energy standards set forth in | 15 |
| subsection (a) of this Section only if they are generated from | 16 |
| facilities located in the State, provided that cost-effective | 17 |
| renewable resources are available from such facilities. If it | 18 |
| is necessary to achieve the goals of the program without | 19 |
| exceeding the cost limit set forth in subsection (c) of this | 20 |
| Section, renewable energy resources shall be counted for the | 21 |
| purpose of meeting the renewable energy standards set forth in | 22 |
| subsection (a) of this Section only if they are generated in | 23 |
| facilities located in an area served by the regional | 24 |
| transmission organization of which the utility is a member. | 25 |
| (e) The Department of Commerce and Economic Opportunity and | 26 |
| other state officials shall attempt to work with public |
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| officials in directly adjacent states and other states | 2 |
| currently in United States Environmental Protection Agency | 3 |
| Region V to develop an agreement in which electric utilities in | 4 |
| the State shall be allowed, after December 31, 2010, to count | 5 |
| for the purpose of meeting the designated renewable energy | 6 |
| standards set forth in subsection (a) of this Section some | 7 |
| renewable energy resources generated in a directly adjacent | 8 |
| state or in any state that is currently in United States | 9 |
| Environmental Protection Agency Region V if that state has | 10 |
| enacted renewable energy portfolio standards and that other | 11 |
| state also allows renewable energy resources generated in the | 12 |
| State to be counted towards meeting its statutory renewable | 13 |
| energy standards on substantially the same basis. For the | 14 |
| purposes of such an agreement, all renewable energy resources | 15 |
| procured must meet the method of calculation set forth in this | 16 |
| Act.
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| (f) Each electric utility shall report to the Commission on | 18 |
| compliance with these standards by April 1 of each year, | 19 |
| beginning in 2008.
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| (g) If an electric utility does not procure or obtain the | 21 |
| full amount of renewable energy resources specified by the | 22 |
| standards in subsection (a) of this Section, as modified by the | 23 |
| limitations of subsection (c) of this Section, then the | 24 |
| electric utility shall pay a penalty of $40 per megawatthour | 25 |
| each year for any shortfall unless and until the utility makes | 26 |
| sufficient purchases to meet the requirement. Provided, |
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| however, that, if the electric utility proves to the Commission | 2 |
| that renewable energy resources are not available in sufficient | 3 |
| quantities to meet the renewable energy standards set forth in | 4 |
| subsection (a) of this Section, as modified by the limitations | 5 |
| of subsection (c) of this Section, and, if the Commission finds | 6 |
| that the electric utility has, in fact, proved that the | 7 |
| renewable energy resources are not available in sufficient | 8 |
| quantities, after notice and a hearing conducted in accordance | 9 |
| with the Commission's rules of practice, then the Commission | 10 |
| shall waive the penalty. Any penalty payment shall be deposited | 11 |
| into the Renewable Energy Resources Trust Fund to be used by | 12 |
| the Department of Commerce and Economic Opportunity for the | 13 |
| sole purposes of supporting the actual development, | 14 |
| construction, and utilization of renewable energy projects in | 15 |
| the State.
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| (h) The Commission shall promulgate rules as necessary | 17 |
| within 12 months after the effective date of this Act to assist | 18 |
| in implementing this Section including, but not limited to, | 19 |
| methods of procurement, accounting, tracking, and reporting in | 20 |
| order to achieve the full objectives of this Section. The rules | 21 |
| shall also provide for recovery of costs incurred and the pass | 22 |
| through to customers of any savings achieved by electric | 23 |
| utilities as a result of procuring or obtaining the renewable | 24 |
| energy resources specified under subsection (a) of this | 25 |
| Section. The rate elements and rates used for such cost | 26 |
| recovery may be established by the electric utility, subject to |
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| the Commission's review and approval, outside the context of a | 2 |
| general rate case.
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| (i) In connection with their compliance with the | 4 |
| requirements of subsection (a) of this Section, electric | 5 |
| utilities may enter into long-term contracts of up to 20 years | 6 |
| in length with providers of renewable energy resources, and the | 7 |
| costs or savings associated with those contracts shall be | 8 |
| reflected in tariffed rates for the duration of those | 9 |
| contracts.
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| (j) Nothing shall prohibit an electric utility from issuing | 11 |
| a competitive solicitation for renewable energy resources in | 12 |
| order to meet the standards of subsection (a) of this Section | 13 |
| and from beginning to recover the associated costs in advance | 14 |
| of the conclusion of the rulemaking referenced in subsection | 15 |
| (h) of this Section, provided that such electric utility shall | 16 |
| have first requested and received Commission approval for the | 17 |
| design and conduct of such solicitation and the associated cost | 18 |
| recovery methodology and tariff, which the Commission shall | 19 |
| review and consider.
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| Section 905. The Energy Assistance Act is amended by | 21 |
| 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) | 24 |
| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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| (a) The Supplemental Low-Income Energy Assistance
Fund is | 2 |
| hereby created as a special fund in the State
Treasury. The | 3 |
| Supplemental Low-Income Energy Assistance Fund
is authorized | 4 |
| to receive moneys from voluntary donations from individuals, | 5 |
| foundations, corporations, and other sources, moneys received | 6 |
| pursuant to Section 17, and, by statutory deposit, the moneys
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| collected pursuant to this Section. The Fund is also authorized | 8 |
| to receive voluntary donations from individuals, foundations, | 9 |
| corporations, and other sources, as well as contributions made | 10 |
| in accordance with Section 507MM of the Illinois Income Tax | 11 |
| Act. Subject to appropriation,
the Department shall use
moneys | 12 |
| from the Supplemental Low-Income Energy Assistance Fund
for | 13 |
| payments to electric or gas public utilities,
municipal | 14 |
| electric or gas utilities, and electric cooperatives
on behalf | 15 |
| of their customers who are participants in the
program | 16 |
| authorized by Section 4 of this Act, for the provision of
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| weatherization services and for
administration of the | 18 |
| Supplemental Low-Income Energy
Assistance Fund. The yearly | 19 |
| expenditures for weatherization may not exceed 10%
of the | 20 |
| amount collected during the year pursuant to this Section. The | 21 |
| yearly administrative expenses of the
Supplemental Low-Income | 22 |
| Energy Assistance Fund may not exceed
10% of the amount | 23 |
| collected during that year
pursuant to this Section.
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| (b) Notwithstanding the provisions of Section 16-111
of the | 25 |
| Public Utilities Act but subject to subsection (k) of this | 26 |
| Section,
each public utility, electric
cooperative, as defined |
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| in Section 3.4 of the Electric Supplier Act,
and municipal | 2 |
| 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, | 5 |
| effective January 1, 1998,
assess each of
its customer accounts | 6 |
| a monthly Energy Assistance Charge for
the Supplemental | 7 |
| Low-Income Energy Assistance Fund.
The delivering public | 8 |
| utility, municipal electric or gas utility, or electric
or gas
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| cooperative for a self-assessing purchaser remains subject to | 10 |
| the collection of
the
fee imposed by this Section.
The
monthly | 11 |
| charge shall be as follows:
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| (1) $0.40 per month on each account for
residential | 13 |
| electric service;
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| (2) $0.40 per month on each account for
residential gas | 15 |
| service;
| 16 |
| (3) $4 per month on each account for non-residential | 17 |
| electric service
which had less than 10 megawatts
of peak | 18 |
| demand during the previous calendar year;
| 19 |
| (4) $4 per month on each account for non-residential | 20 |
| gas service which
had distributed to it less than
4,000,000 | 21 |
| therms of gas during the previous calendar year;
| 22 |
| (5) $300 per month on each account for non-residential | 23 |
| electric service
which had 10 megawatts or greater
of peak | 24 |
| demand during the previous calendar year; and
| 25 |
| (6) $300 per month on each account for non-residential | 26 |
| gas service
which had 4,000,000 or more therms of
gas |
|
|
|
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LRB095 10949 MJR 34530 a |
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| 1 |
| distributed to it during the previous calendar year.
| 2 |
| (c) For purposes of this Section:
| 3 |
| (1) "residential electric service" means
electric | 4 |
| utility service for household purposes delivered to a
| 5 |
| dwelling of 2 or fewer units which is billed under a
| 6 |
| residential rate, or electric utility service for | 7 |
| household
purposes delivered to a dwelling unit or units | 8 |
| which is billed
under a residential rate and is registered | 9 |
| by a separate meter
for each dwelling unit;
| 10 |
| (2) "residential gas service" means gas utility
| 11 |
| service for household purposes distributed to a dwelling of
| 12 |
| 2 or fewer units which is billed under a residential rate,
| 13 |
| or gas utility service for household purposes distributed | 14 |
| to a
dwelling unit or units which is billed under a | 15 |
| residential
rate and is registered by a separate meter for | 16 |
| each dwelling
unit;
| 17 |
| (3) "non-residential electric service" means
electric | 18 |
| utility service which is not residential electric
service; | 19 |
| and
| 20 |
| (4) "non-residential gas service" means gas
utility | 21 |
| service which is not residential gas service.
| 22 |
| (d) At least 45 days prior to the date on which it
must | 23 |
| begin assessing Energy Assistance Charges, each public
utility | 24 |
| engaged in the delivery of electricity or the
distribution of | 25 |
| natural gas shall file with the Illinois
Commerce Commission | 26 |
| tariffs incorporating the Energy
Assistance Charge in other |
|
|
|
09500SB1184sam002 |
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LRB095 10949 MJR 34530 a |
|
| 1 |
| charges stated in such tariffs.
| 2 |
| (e) The Energy Assistance Charge assessed by
electric and | 3 |
| gas public utilities shall be considered a charge
for public | 4 |
| utility service.
| 5 |
| (f) By the 20th day of the month following the month in | 6 |
| which the charges
imposed by the Section were collected, each | 7 |
| public
utility,
municipal utility, and electric cooperative | 8 |
| shall remit to the
Department of Revenue all moneys received as | 9 |
| payment of the
Energy Assistance Charge on a return prescribed | 10 |
| and furnished by the
Department of Revenue showing such | 11 |
| information as the Department of Revenue may
reasonably | 12 |
| require. If a customer makes a partial payment, a public
| 13 |
| utility, municipal
utility, or electric cooperative may elect | 14 |
| either: (i) to apply
such partial payments first to amounts | 15 |
| owed to the
utility or cooperative for its services and then to | 16 |
| payment
for the Energy Assistance Charge or (ii) to apply such | 17 |
| partial payments
on a pro-rata basis between amounts owed to | 18 |
| the
utility or cooperative for its services and to payment for | 19 |
| the
Energy Assistance Charge.
| 20 |
| (g) The Department of Revenue shall deposit into the
| 21 |
| Supplemental Low-Income Energy Assistance Fund all moneys
| 22 |
| remitted to it in accordance with subsection (f) of this
| 23 |
| Section.
| 24 |
| (h) (Blank).
| 25 |
| On or before December 31, 2002, the Department shall
| 26 |
| prepare a report for the General Assembly on the expenditure of |
|
|
|
09500SB1184sam002 |
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LRB095 10949 MJR 34530 a |
|
| 1 |
| funds
appropriated from the Low-Income Energy Assistance Block | 2 |
| Grant Fund for the
program authorized under Section 4 of this | 3 |
| Act.
| 4 |
| (i) The Department of Revenue may establish such
rules as | 5 |
| it deems necessary to implement this Section.
| 6 |
| (j) The Department of Healthcare and Family Services | 7 |
| Economic Opportunity
may establish such rules as it deems | 8 |
| necessary to implement
this Section.
| 9 |
| (k) The charges imposed by this Section shall only apply to | 10 |
| customers of
municipal electric or gas utilities and electric | 11 |
| or gas cooperatives if
the municipal
electric or gas
utility or | 12 |
| electric or gas cooperative makes an affirmative decision to
| 13 |
| impose the
charge. If a municipal electric or gas utility or an | 14 |
| electric
cooperative makes an affirmative decision to impose | 15 |
| the charge provided by
this
Section, the municipal electric or | 16 |
| gas utility or electric cooperative shall
inform the
Department | 17 |
| of Revenue in writing of such decision when it begins to impose | 18 |
| the
charge. If a municipal electric or gas utility or electric | 19 |
| or gas
cooperative does not
assess
this charge, the Department | 20 |
| may not use funds from the Supplemental Low-Income
Energy | 21 |
| Assistance Fund to provide benefits to its customers under the | 22 |
| program
authorized by Section 4 of this Act.
| 23 |
| In its use of federal funds under this Act, the Department | 24 |
| may not cause a
disproportionate share of those federal funds | 25 |
| to benefit customers of systems
which do not assess the charge | 26 |
| provided by this Section.
|
|
|
|
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LRB095 10949 MJR 34530 a |
|
| 1 |
| This Section is repealed effective December 31, 2015
2007
| 2 |
| unless
renewed by action of the General Assembly. The General | 3 |
| Assembly shall
consider the results of the evaluations | 4 |
| described in Section 8 in its
deliberations.
| 5 |
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 6 |
| 94-817, eff. 5-30-06; revised 8-3-06.)
| 7 |
| Section 997. Severability. The provisions of this Act are | 8 |
| severable under Section 1.31 of the Statute on Statutes.
| 9 |
| Section 999. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|