Full Text of SB1184 95th General Assembly
SB1184sam003 95TH GENERAL ASSEMBLY
|
Sen. Don Harmon
Filed: 5/1/2007
|
|
09500SB1184sam003 |
|
LRB095 10949 MJR 35699 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1184
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1184 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "ARTICLE 5 | 5 |
| Section 5-1. Short title. This Article may be cited as the | 6 |
| Affordable and Clean Energy Standards (ACES) Law. References in | 7 |
| this Article to "this Law" mean this Article. | 8 |
| Section 5-5. Findings. The General Assembly finds the | 9 |
| following: | 10 |
| (1) Energy efficiency is a cost-effective resource | 11 |
| that ensures affordable and reliable energy to Illinois | 12 |
| consumers. | 13 |
| (2) It is desirable to obtain the environmental | 14 |
| quality, public health, employment, economic development, | 15 |
| rate stabilization, and fuel diversity benefits of |
|
|
|
09500SB1184sam003 |
- 2 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| developing new renewable energy resources for use in | 2 |
| Illinois.
| 3 |
| (3) The General Assembly has previously found and | 4 |
| declared that the benefits of electricity from renewable | 5 |
| energy resources accrue to the public at large, thus | 6 |
| consumers and electric utilities and alternative retail | 7 |
| electric suppliers share an interest in developing and | 8 |
| using a significant level of these environmentally | 9 |
| preferable resources in the State's electricity supply | 10 |
| portfolio.
| 11 |
| (4) Energy efficiency and renewable energy in Illinois | 12 |
| are resources that are currently underutilized.
| 13 |
| (5) Investment in energy efficiency and load | 14 |
| management, combined with energy efficiency codes and | 15 |
| standards, present important opportunities to increase | 16 |
| Illinois' energy security, protect Illinois energy | 17 |
| consumers from price volatility, preserve the State's | 18 |
| natural resources and pursue an improved environment in | 19 |
| Illinois.
| 20 |
| (6) It serves the public interest to require public | 21 |
| utility investments in cost-effective energy efficiency | 22 |
| and load management by ensuring recovery of costs for | 23 |
| reasonable and prudently incurred expenses of energy | 24 |
| efficiency, renewable energy, and load management | 25 |
| programs. | 26 |
| (7) Investments in energy efficiency and |
|
|
|
09500SB1184sam003 |
- 3 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| implementation of utility energy efficiency programs | 2 |
| dedicated to economically-disadvantaged Illinois | 3 |
| residents, in addition to existing low-income | 4 |
| weatherization programs managed by the State of Illinois, | 5 |
| will reduce the burden of utility costs on low-income | 6 |
| customers. | 7 |
| (8) Public utility investments in cost-effective | 8 |
| energy efficiency, renewable energy, and load management, | 9 |
| combined with the adoption of efficiency codes and | 10 |
| standards, can provide significant reductions in | 11 |
| greenhouse gas emissions, regulated air emissions, water | 12 |
| consumption, and natural resource depletion and can avoid | 13 |
| or delay the need for more expensive generation, | 14 |
| transmission, and distribution infrastructure. | 15 |
| (9) Investment in cost-effective energy efficiency | 16 |
| programs and renewable energy resources by utilities is a | 17 |
| public good that can provide real and sustained relief to | 18 |
| customers whose rising energy costs continue to threaten | 19 |
| the economic well-being of residential customers, | 20 |
| businesses, and industries in the State. | 21 |
| Section 5-10. Definitions. | 22 |
| "Commission" means the Illinois Commerce Commission.
| 23 |
| "Department" means the Department of Commerce and Economic | 24 |
| Opportunity.
| 25 |
| "Director", unless otherwise provided, means the Director |
|
|
|
09500SB1184sam003 |
- 4 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| of the Department of Commerce and Economic Opportunity, or the | 2 |
| Director's designee. | 3 |
| "Energy conservation" is any reduction in electric power | 4 |
| consumption or natural gas consumption resulting from | 5 |
| increased energy efficiency in the end-use applications of | 6 |
| electricity and natural gas and
increased customer knowledge | 7 |
| concerning the societal impacts of consumption. | 8 |
| "Energy efficiency" means measures, including energy | 9 |
| conservation measures, or programs, including load management | 10 |
| programs, that target customer behavior, equipment or devices, | 11 |
| or development and demonstration of breakthrough energy | 12 |
| efficiency equipment or devices, that result in a decrease in | 13 |
| consumption of electricity or natural gas. | 14 |
| "Load management" means measures or programs that target | 15 |
| equipment or devices to decrease peak electricity demand or | 16 |
| shift demand from peak to off-peak periods. | 17 |
| "Electric utility" has the same definition as found in | 18 |
| Section 16-102 of the Public Utilities Act. | 19 |
| "Public utility" has the same definition as found in | 20 |
| Section 3-105 of the Public Utilities Act.
| 21 |
| "Municipality" means any city, village, or incorporated | 22 |
| town.
| 23 |
| "Planning costs" are the costs of evaluating the future | 24 |
| demand for energy services and of evaluating alternative | 25 |
| methods of satisfying that demand. Planning costs include, but | 26 |
| are not to be limited to, costs associated with:
(i) |
|
|
|
09500SB1184sam003 |
- 5 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| econometric and end-use forecasting;
(ii) identification and | 2 |
| evaluation of alternative demand-side and supply-side resource | 3 |
| options;
and (iii) evaluation of costs associated with | 4 |
| alternative resources. | 5 |
| "Portfolio development costs" are costs of preparing a | 6 |
| resource in a portfolio for prompt and timely acquisition. | 7 |
| Portfolio development costs include, but are not to be limited | 8 |
| to, costs associated with:
(i) negotiating contracts for | 9 |
| competitively acquired resources;
(ii) acquiring and holding | 10 |
| resource options; and
(iii) developing and maintaining the | 11 |
| capability to rapidly acquire demand-side resources.
| 12 |
| "Renewable energy resources" includes energy or renewable | 13 |
| energy credits from wind, solar thermal energy, photovoltaic | 14 |
| cells and panels, dedicated crops grown for energy production | 15 |
| and organic waste biomass, hydropower that does not involve new | 16 |
| construction or significant expansion of hydropower dams, and | 17 |
| other such alternative sources of environmentally preferable | 18 |
| energy. For purposes of this Law, landfill gas produced in the | 19 |
| State shall be considered a renewable energy resource. | 20 |
| "Renewable energy resources" does not include energy from the | 21 |
| incineration, burning, or heating of waste wood, tires, | 22 |
| garbage, general household, institutional and commercial | 23 |
| waste, industrial lunchroom or office waste, landscape waste, | 24 |
| or construction or demolition debris. | 25 |
| "Renewable energy credit" means a tradable credit that | 26 |
| represents the environmental attributes of a certain amount of |
|
|
|
09500SB1184sam003 |
- 6 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| energy produced from a renewable energy resource. | 2 |
| "Energy efficiency resources" means energy efficiency | 3 |
| programs designed to assist customers to use energy more | 4 |
| efficiently, reduce or control their consumption of energy, as | 5 |
| measured in kilowatts, kilowatthours or therms, or otherwise | 6 |
| control the level of their gas or electric utility bills.
| 7 |
| "Total resource cost test" or "TRC test" means a standard | 8 |
| that is met if, for an investment in energy efficiency or load | 9 |
| management, the benefit-cost ratio is greater than one. The | 10 |
| benefit-cost ratio is the ratio of the net present value of the | 11 |
| total benefits of the program to the net present value of the | 12 |
| total costs as calculated over the lifetime of the measures. | 13 |
| Total resource cost test compares the sum of avoided | 14 |
| electric and natural gas utility costs, representing the | 15 |
| benefits that accrue to the system and the participant in the | 16 |
| delivery of those efficiency programs, to the sum of all | 17 |
| incremental costs of end-use measures that are implemented due | 18 |
| to the program (including both utility and participant | 19 |
| contributions), plus costs to administer, deliver and evaluate | 20 |
| each demand-side program, to quantify the net savings obtained | 21 |
| by substituting the demand-side program for supply resources. | 22 |
| In calculating avoided costs of power and energy that the | 23 |
| gas and electric utility would otherwise have had to acquire, | 24 |
| reasonable estimates shall be included of financial costs | 25 |
| likely to be imposed by future regulations and legislation on | 26 |
| emissions of greenhouse gases. |
|
|
|
09500SB1184sam003 |
- 7 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| Provisions include an oversight and evaluation process | 2 |
| that shall periodically monitor and develop data on the cost | 3 |
| effectiveness and actual productivity of demand-side | 4 |
| efficiency and conservation programs. | 5 |
| "Unit of local government" means a county, township, | 6 |
| municipality, municipal corporation, school district, | 7 |
| community college district, community college board, forest | 8 |
| preserve district, park district, fire protection district, | 9 |
| sanitary district, or other local governmental bodies | 10 |
| designated as units of local government by law. | 11 |
| Section 5-15. Utility energy efficiency programs. | 12 |
| (a) It is the policy of the State that electric and natural | 13 |
| gas utilities are required to utilize cost-effective energy | 14 |
| efficiency and load management investments in their energy | 15 |
| resource portfolios.
As used in this Section, "cost-effective" | 16 |
| means that the utility's portfolio of programs, not including | 17 |
| programs covered by item (4) of subsection (g) of this Section, | 18 |
| satisfies the total resource cost test. | 19 |
| (b) Electric utilities shall use cost-effective energy | 20 |
| efficiency resources to meet the following incremental annual | 21 |
| program energy savings goals:
| 22 |
| (1) 0.2% of energy delivered in 2008;
| 23 |
| (2) 0.4% of energy delivered in 2009;
| 24 |
| (3) 0.6% of energy delivered in 2010;
| 25 |
| (4) 0.8% of energy delivered in 2011;
|
|
|
|
09500SB1184sam003 |
- 8 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| (5) 1% of energy delivered in 2012; and | 2 |
| (6) 1.4% of energy delivered in 2013; | 3 |
| (7) 1.8% of energy delivered in 2014; and | 4 |
| (8) 2% of energy delivered in 2015 and each year | 5 |
| thereafter. | 6 |
| (c) Natural gas utilities shall use cost-effective energy | 7 |
| efficiency resources to meet the following incremental annual | 8 |
| program energy savings goals:
| 9 |
| (1) 0.2% of total annual Mcf delivered in 2008;
| 10 |
| (2) 0.4% of total annual Mcf delivered in 2009;
| 11 |
| (3) 0.6% of total annual Mcf delivered in 2010;
| 12 |
| (4) 0.8% of total annual Mcf delivered in 2011;
| 13 |
| (5) 1% of total annual Mcf delivered in 2012; and | 14 |
| (6) 1.4% of total annual Mcf delivered in 2013; | 15 |
| (7) 1.8% of total annual Mcf delivered in 2014; and | 16 |
| (8) 2% of total annual Mcf delivered in 2015 and each | 17 |
| year thereafter. | 18 |
| (d) Notwithstanding the provisions of subsections (b) and | 19 |
| (c) of this Section, if the Commission's approval of a gas or | 20 |
| electric utility's plan pursuant to subsection (f) of this | 21 |
| Section is delayed beyond March 31, 2008, but occurs prior to | 22 |
| April 1, 2009, the initial target year and each subsequent | 23 |
| target year shall be delayed by one year; the targets shall be | 24 |
| delayed by an additional year for each additional year or | 25 |
| fraction thereof that the Commission's approval is delayed. In | 26 |
| the event that the Commission's approval is delayed until after |
|
|
|
09500SB1184sam003 |
- 9 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| March 31, 2008, but occurs before July 1, 2008, the utility | 2 |
| shall nonetheless meet one-quarter of the target for 2008 set | 3 |
| out in item (1) of subsection (b) of this Section or item (1) | 4 |
| of subsection (c) of this Section, adjusted as provided in | 5 |
| subsection (f) of this Section. | 6 |
| (e) 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 increase due to the | 11 |
| cost of these resources being included in the amounts paid by | 12 |
| retail customers in connection with electric or gas service to | 13 |
| no more than 0.5% of the amount estimated to have been paid by | 14 |
| such customers during the preceding calendar year procurement, | 15 |
| with such limit increasing by 0.5% in each of the years 2009 | 16 |
| through 2011, for a maximum cap on the allowed estimated | 17 |
| average increase due to the cost of these resources of 2%. Four | 18 |
| years from the date after Commission approval of the initial | 19 |
| energy efficiency plan filings, the Commission shall review the | 20 |
| rate limitation and report to the General Assembly its findings | 21 |
| as to whether the rate cap unduly constrains the procurement of | 22 |
| energy efficiency resources that would be cost-effective. | 23 |
| (f) Electric and natural gas utilities shall be responsible | 24 |
| for overseeing the design, development, and filing of their | 25 |
| efficiency plans with the Commission. Electric and gas public | 26 |
| utilities may administer up to 75% of the energy efficiency |
|
|
|
09500SB1184sam003 |
- 10 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| programs filed with and approved with the Commission, and may, | 2 |
| as part of such administration, outsource various aspects of | 3 |
| program development and implementation. The remaining 25% of | 4 |
| those energy efficiency programs filed with and approved by the | 5 |
| Commission must be administered by the Department of Commerce | 6 |
| and Economic Opportunity, and must be designed in conjunction | 7 |
| with the utility and the filing process. The Department may, as | 8 |
| part of such administration, outsource aspects of program | 9 |
| development and administration. A minimum of 10% of the | 10 |
| Department's portfolio of cost-effective energy efficiency | 11 |
| resources shall be procured from units of local government, | 12 |
| municipal corporations, school districts, and community | 13 |
| college districts. The Department of Commerce and Economic | 14 |
| Opportunity shall administer the coordination of these | 15 |
| programs. | 16 |
| The apportionment of the dollars to cover the costs to | 17 |
| administer Department's share of the portfolio of programs | 18 |
| shall be made to the Department once the Department has | 19 |
| completed an RFP process for an individual program or programs. | 20 |
| The details of the programs administered by the Department | 21 |
| shall be submitted by the Department to the Commission in | 22 |
| connection with the utility's filing regarding the plans that | 23 |
| the utility administers. | 24 |
| Each utility shall include, in its recovery of costs, the | 25 |
| costs estimated for implementation and operation of the | 26 |
| programs administered by the utility and by the Department. |
|
|
|
09500SB1184sam003 |
- 11 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| Costs collected by the utility that are for programs | 2 |
| administered by the Department shall be submitted to the | 3 |
| Department pursuant to Section 605-323 of the Civil | 4 |
| Administrative Code of Illinois and shall be used by the | 5 |
| Department solely for the purpose of administering the | 6 |
| programs. The Department shall report to the Commission on an | 7 |
| annual basis regarding the costs actually incurred by the | 8 |
| Department in the implementation of the programs. Any changes | 9 |
| to program costs as a result of program modifications shall be | 10 |
| appropriately reflected in amounts recovered by the utility and | 11 |
| turned over to the Department. | 12 |
| The portfolio of programs, administered by both the | 13 |
| utilities and the Department shall, in combination, be designed | 14 |
| to achieve the annual savings targets described in subsections | 15 |
| (b) and (c) of this Section, as modified by subsections (d) and | 16 |
| (e) of this Section. | 17 |
| The utility and the Department shall agree upon a | 18 |
| reasonable division of the portfolio of programs and determine | 19 |
| the measurable corresponding percentage of the savings goals | 20 |
| represented by each administrator (whether utility or | 21 |
| Department). | 22 |
| The revenue needs of the programs, as apportioned between | 23 |
| the filing utility and the Department, shall roughly correlate | 24 |
| to the savings targets and shall remain within the percentage | 25 |
| described in this subsection (f). | 26 |
| No utility shall be assessed a penalty under subsection (g) |
|
|
|
09500SB1184sam003 |
- 12 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| of this Section for failure to make a timely filing if such | 2 |
| failure is the result of a lack of agreement with the | 3 |
| Department with respect the division of portfolio programs or | 4 |
| related costs or target assignments. In such a case, the | 5 |
| Department and the utility shall file their respective plans | 6 |
| with the Commission and the Commission shall determine and | 7 |
| appropriate division of programs that meets the requirements of | 8 |
| this Section. | 9 |
| If Department is unable to meet incremental annual | 10 |
| performance goals for the portion of the portfolio administered | 11 |
| by the Department, then the utility and the Department shall | 12 |
| jointly submit a modified filing to the Commission explaining | 13 |
| the performance short-fall and recommending an appropriate | 14 |
| course going forward, including any program modifications that | 15 |
| may be appropriate in light of the evaluations conducted under | 16 |
| item (7) of subsection (g) of this Section. In this case, the | 17 |
| utility obligation to collect the Department's costs and turn | 18 |
| over those funds to the Department under this subsection (f) | 19 |
| shall continue only if the Commission approves the program | 20 |
| modifications proposed by the Department. | 21 |
| (g) The Commission shall adopt rules within 3 months after | 22 |
| the effective date of this Law that specify the procedure for | 23 |
| electric and gas utilities to develop and submit an energy | 24 |
| efficiency plan. Among other things, the rules shall include | 25 |
| standards for defining the components of the total resource | 26 |
| cost test. Rules shall specify the process for coordination of |
|
|
|
09500SB1184sam003 |
- 13 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| energy efficiency program planning between the Department and | 2 |
| the utilities. Rules shall also specify the methodology for | 3 |
| establishing a price per kilowatthour for energy efficiency | 4 |
| projects implemented by units of local government and the | 5 |
| process by which the Department shall select these projects for | 6 |
| inclusion in each utility's energy efficiency plan. Within 3 | 7 |
| months after adoption by the Commission of rules, and every 3 | 8 |
| years thereafter, Illinois electric and gas utilities shall | 9 |
| file an energy efficiency plan with the Commission. If a | 10 |
| utility does not file such a plan, it shall face a penalty of | 11 |
| $100,000 per day until the plan is filed. Each utility's plan | 12 |
| shall reflect the utility's judgment on how to meet the | 13 |
| utility's portion of the energy efficiency goals identified in | 14 |
| subsections (b) and (c) of this Section as modified by | 15 |
| subsections (d) and (e), taking into account the unique | 16 |
| circumstances of the utility's service territory. The | 17 |
| Commission shall approve or disapprove each plan within 3 | 18 |
| months after its submission. If the Commission disapproves a | 19 |
| plan, the Commission shall, within 30 days, describe in detail | 20 |
| the reasons for the disapproval and describe a path by which | 21 |
| the utility may file a revised draft of the plan to address the | 22 |
| Commissions concerns satisfactorily. If the utility does not | 23 |
| re-file with the Commission within 60 days, the utility shall | 24 |
| be subject to penalties at a rate of $100,000 per day until the | 25 |
| plan is filed. This process shall continue, and penalties shall | 26 |
| accrue, until the utility has successfully filed and the |
|
|
|
09500SB1184sam003 |
- 14 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| Commission has approved a portfolio of energy efficiency | 2 |
| programs. Penalties shall be deposited into the Energy | 3 |
| Efficiency Resources Trust Fund. In submitting proposed energy | 4 |
| efficiency program plans and funding levels to meet the savings | 5 |
| goals adopted by this Law the utility shall: | 6 |
| (1) Demonstrate that its proposed level of electric or | 7 |
| natural gas energy efficiency program activities and | 8 |
| funding is consistent with the adopted electric and natural | 9 |
| gas savings goals that are identified in subsections (b) | 10 |
| and (c) of this Section as modified by subsections (d) and | 11 |
| (e). | 12 |
| (2) Present specific proposals for programs that help | 13 |
| in the implementation of new building and appliance | 14 |
| standards that have been placed into effect. | 15 |
| (3) Present estimates of the net short-term and | 16 |
| long-term rate impacts associated with the proposed | 17 |
| portfolio of programs designed to meet the adopted energy | 18 |
| savings goals that are identified in subsections (b) and | 19 |
| (c) of this Section as modified by subsections (d) and (e) | 20 |
| of this Section. The utilities shall work with Commission | 21 |
| to develop a consistent format for presenting these | 22 |
| estimates in their filings. | 23 |
| (4) Coordinate with the Department and the Department | 24 |
| of Healthcare and Family Services to present a portfolio of | 25 |
| energy efficiency programs targeted to households at or | 26 |
| below 150% of the poverty level at a level proportionate to |
|
|
|
09500SB1184sam003 |
- 15 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| those households' share of total annual utility revenues in | 2 |
| Illinois. | 3 |
| (5) Demonstrate that its overall portfolio of | 4 |
| investments in energy efficiency, not including programs | 5 |
| covered by item (4) of this subsection (g), are | 6 |
| cost-effective using the total resource cost test and | 7 |
| represent a diverse cross-section of opportunities for | 8 |
| customers of all rate classes to participate in the | 9 |
| programs. | 10 |
| (6) Include a proposed cost recovery tariff mechanism | 11 |
| to fund the proposed energy efficiency programs and to | 12 |
| ensure the recovery of the prudently and reasonably | 13 |
| incurred costs of Commission approved programs. | 14 |
| (7) Provide for an annual independent evaluation of the | 15 |
| performance of the cost-effectiveness of the utility's | 16 |
| portfolio of programs and the Department's portfolio of | 17 |
| programs, as well as a full review of the 3-year results of | 18 |
| the broader net program impacts and, to the extent | 19 |
| practicable, for adjustment of the programs on a going | 20 |
| forward basis as a result of the evaluations. The resources | 21 |
| dedicated to evaluation shall not exceed 3% of portfolio | 22 |
| resources in any given year. | 23 |
| (h) A public utility providing approved energy efficiency | 24 |
| programs in the State shall be permitted to recover costs of | 25 |
| those programs through an automatic adjustment clause tariff | 26 |
| filed with and approved by the Commission. The tariff may be |
|
|
|
09500SB1184sam003 |
- 16 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| established outside the context of a general rate case. Each | 2 |
| year the Commission shall initiate a review to reconcile any | 3 |
| amounts collected with the actual costs and to determine the | 4 |
| adjustment to the annual tariff factor to match annual | 5 |
| expenditures. The determination shall be made within 90 days | 6 |
| after the date of initiation of the review. | 7 |
| (i) No more than 3% of energy efficiency program revenue | 8 |
| may be allocated for demonstration of breakthrough energy | 9 |
| efficiency equipment and devices. | 10 |
| (j) Subsection (e) of this Section shall not apply to an | 11 |
| Illinois public utility operating in an adjacent state with | 12 |
| more than 100,000 but fewer than 200,000 customers in Illinois, | 13 |
| offering energy efficiency programs under the Public Utilities | 14 |
| Act. | 15 |
| Section 5-20. Renewable portfolio standard. | 16 |
| (a) An electric utility shall procure or obtain | 17 |
| cost-effective renewable energy resources in amounts that | 18 |
| equal or exceed the following percentages of the total | 19 |
| electricity that the electric utility supplies to its retail | 20 |
| Illinois customers: 2% by December 31, 2008; 4% by December 31, | 21 |
| 2009; 5% by December 31, 2010; 6% by December 31, 2011; 7% by | 22 |
| December 31, 2012; 8% by December 31, 2013; 9% by December 31, | 23 |
| 2014; and 10% by December 31, 2015. It shall be the goal of the | 24 |
| State that cost-effective renewable energy resources available | 25 |
| to supply an amount of the total electricity that electric |
|
|
|
09500SB1184sam003 |
- 17 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| utilities supply to their retail customers that continues to | 2 |
| increase after 2015 by 1.5% per year to 25% by 2025. Provided, | 3 |
| however, that if the Commission's adoption of rules pursuant to | 4 |
| subsection (f) of this Section is delayed beyond March 31, | 5 |
| 2008, but occurs prior to April 1, 2009, the initial target | 6 |
| year and each subsequent target year shall be delayed by one | 7 |
| year; the targets shall be delayed by an additional year for | 8 |
| each additional year or fraction thereof that the Commission's | 9 |
| adoption of rules is delayed. In the event that the | 10 |
| Commission's adoption of rules is delayed after March 31, 2008, | 11 |
| but occurs before July 1, 2008, the utility shall nonetheless | 12 |
| meet one-quarter of the target for 2008 of electricity supplied | 13 |
| to retail Illinois customers by December 31, 2008. To the | 14 |
| extent that it is available, at least 75% of the renewable | 15 |
| energy resources used to meet these standards shall come from | 16 |
| wind generation. For purposes of this Section "cost-effective" | 17 |
| shall mean that the costs of procuring renewable energy | 18 |
| resources do not cause the limit stated in subsection (b) of | 19 |
| this Section to be exceeded.
| 20 |
| (b) For purposes of this Section, the required procurement | 21 |
| of renewable energy resources for a particular year shall be | 22 |
| measured as a percentage of the actual amount of electricity | 23 |
| (megawatthours) supplied by the electric utility in the | 24 |
| calendar year ending immediately prior to the procurement.
| 25 |
| Notwithstanding the requirements of subsection (a) of this | 26 |
| Section, an electric utility may reduce the amount of renewable |
|
|
|
09500SB1184sam003 |
- 18 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| energy resources procured under new contracts in any single by | 2 |
| an amount necessary to limit the estimated average net increase | 3 |
| due to the costs of these resources included in the amounts | 4 |
| paid by retail customers in connection with electric service to | 5 |
| no more than 0.5% of the amount paid by such customers during | 6 |
| the preceding calendar year, with such limit increasing by 0.5% | 7 |
| in each of the 3 years 2009 through 2011, for a maximum cap on | 8 |
| the allowed estimated average increase due to the cost of these | 9 |
| resources of 2.5%. The maximum cap on the allowed estimated | 10 |
| average increase due to the cost of these resources is 2%. No | 11 |
| later than June 30, 2011, the Commission shall review the rate | 12 |
| limitation and report to the General Assembly its findings as | 13 |
| to whether the rate cap unduly constrains the procurement of | 14 |
| renewable energy resources.
| 15 |
| (c) Through December 31, 2011, renewable energy resources | 16 |
| shall be counted for the purpose of meeting the renewable | 17 |
| energy standards set forth in subsection (a) of this Section | 18 |
| only if they are generated from facilities located in the | 19 |
| State, provided that cost-effective renewable resources are | 20 |
| available from such facilities. After December 31, 2011, | 21 |
| renewable energy resources located in states that adjoin | 22 |
| Illinois may be counted towards compliance with the standards | 23 |
| set forth in subsection (a) of this Section so long as such | 24 |
| resources are generated from resources that meet the definition | 25 |
| of renewable energy resources as defined by this statute. Any | 26 |
| electric utility with fewer than 90,000 but more than 50,000 |
|
|
|
09500SB1184sam003 |
- 19 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| customers in Illinois as of January 1, 2007 shall be allowed to | 2 |
| count renewable energy resources generated in a state adjoining | 3 |
| Illinois for the purpose of meeting the renewable energy | 4 |
| standard set forth in subsection (a) of this Section if such | 5 |
| resources are generated from a facility constructed in the year | 6 |
| 2006. | 7 |
| (d) Each electric utility shall report to the Commission on | 8 |
| compliance with these standards by April 1 of each year, | 9 |
| beginning in 2009.
| 10 |
| (e) If an electric utility does not, during a calendar | 11 |
| year, procure or obtain the full amount of renewable energy | 12 |
| resources specified by the standards in subsection (a) of this | 13 |
| Section, as modified by the limitations of subsection (b) of | 14 |
| this Section, then the electric utility shall pay a penalty of | 15 |
| $40 per megawatthour each year for any shortfall during such | 16 |
| year unless and until the utility makes sufficient additional | 17 |
| purchases to meet the requirement. Provided, however, that, if | 18 |
| the electric utility proves to the Commission that | 19 |
| cost-effective renewable energy resources are not available in | 20 |
| sufficient quantities to meet the renewable energy standards | 21 |
| set forth in subsection (a) of this Section, as modified by the | 22 |
| limitations of subsection (b) of this Section, and, if the | 23 |
| Commission finds that the electric utility has, in fact, proved | 24 |
| that the cost-effective renewable energy resources are not
| 25 |
| available in sufficient quantities, after notice and a hearing | 26 |
| conducted in accordance with the Commission's rules of |
|
|
|
09500SB1184sam003 |
- 20 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| practice, then the Commission shall waive the penalty. Any | 2 |
| penalty payment shall be deposited into the Renewable Energy | 3 |
| Resources Trust Fund to be used by the Department of Commerce | 4 |
| and Economic Opportunity for the sole purposes of supporting | 5 |
| the actual development, construction, and utilization of | 6 |
| renewable energy projects in the State. | 7 |
| (f) The Commission shall adopt rules as necessary within 9 | 8 |
| months after the effective date of this Law to assist in | 9 |
| implementing this Section including, but not limited to, | 10 |
| methods of procurement, accounting, tracking, and reporting in | 11 |
| order to achieve the full objectives of this Section. The rules | 12 |
| shall also provide for recovery of costs incurred and the pass | 13 |
| through to customers of any savings achieved by electric | 14 |
| utilities as a result of procuring or obtaining the renewable | 15 |
| energy resources specified under subsection (a) of this | 16 |
| Section. The rate elements and rates used for such cost | 17 |
| recovery may be established by the electric utility, subject to | 18 |
| the Commission's review and approval, outside the context of a | 19 |
| general rate case.
| 20 |
| (g) In connection with their compliance with the | 21 |
| requirements of subsection (a) of this Section, electric | 22 |
| utilities may enter into long-term contracts of up to 20 years | 23 |
| in length with providers of renewable energy resources, and the | 24 |
| costs or savings associated with those contracts shall be | 25 |
| reflected in tariffed rates for the duration of those | 26 |
| contracts. |
|
|
|
09500SB1184sam003 |
- 21 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| (h) Nothing shall prohibit an electric utility from issuing | 2 |
| a competitive solicitation for renewable energy resources in | 3 |
| order to meet the standards of subsection (a) of this Section | 4 |
| and from beginning to recover the associated costs in advance | 5 |
| of the conclusion of the rulemaking referenced in subsection | 6 |
| (f) of this Section, provided that such electric utility shall | 7 |
| have first requested and received Commission approval for the | 8 |
| design and conduct of such solicitation and the associated cost | 9 |
| recovery methodology and tariff.
| 10 |
| ARTICLE 10 | 11 |
| Section 10-1. Short title. This Article may be cited as the | 12 |
| Wind Energy Indemnity Fund Law. References in this Article to | 13 |
| "this Law" mean this Article. | 14 |
| Section 10-5. Definitions.
| 15 |
| "Abandonment" means: | 16 |
| (1) in the case of a landowner claimant: | 17 |
| (A) failure by the wind energy company to operate a | 18 |
| wind turbine or wind turbines for the purpose for which | 19 |
| they were designed and installed, for a period of 12 | 20 |
| consecutive months; and | 21 |
| (B) failure to pay the landowner moneys owed to him or | 22 |
| her in accordance with the underlying agreement, for a | 23 |
| period of 6 consecutive months; |
|
|
|
09500SB1184sam003 |
- 22 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| (2) in the case of a county board claimant: | 2 |
| (A) failure by the wind energy company to operate a | 3 |
| wind turbine or wind turbines for the purposes for which | 4 |
| they were designed and installed, for a period of 12 | 5 |
| consecutive months; and | 6 |
| (B) failure to adhere to any or all of the restrictions | 7 |
| and conditions that were part of the approval process of | 8 |
| the appropriate county authority for the granting of the | 9 |
| special use permit, conditional use permit, zoning change, | 10 |
| or zoning or permitting ordinance of any kind given in | 11 |
| order to allow the installation and operation of the wind | 12 |
| turbine or wind turbines. | 13 |
| "Board" means the governing body of the Wind Energy | 14 |
| Indemnity Fund Corporation that is created in Section 10-50. | 15 |
| "Claimant" means either a landowner or a county board | 16 |
| seeking to have a deconstruction paid for from the Wind Energy | 17 |
| Indemnity Fund and carried out by the Department of | 18 |
| Agriculture. | 19 |
| "Corporation" means the Wind Energy Indemnity Fund | 20 |
| Corporation, as established in Section 10-50. | 21 |
| "County board" has the meaning set forth in Section 1.07 of | 22 |
| the Statute on Statutes. | 23 |
| "Deconstruction" means removal of all property comprising | 24 |
| a wind energy generation facility from the property of a | 25 |
| landowner and restoration of the property to the condition in | 26 |
| which it existed immediately prior to the construction of the |
|
|
|
09500SB1184sam003 |
- 23 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| facility, including, but not limited to, soil type and | 2 |
| topography; provided, however, that foundations, pads, | 3 |
| electrical lines, and any other underground facilities must be | 4 |
| removed to a depth of 4 feet below the surface of the ground. | 5 |
| "Department" means the Department of Agriculture. | 6 |
| "Director", unless otherwise provided, means the Director | 7 |
| of Agriculture, or the Director's designee. | 8 |
| "Fund" means the Wind Energy Indemnity Fund. | 9 |
| "Landowner" means any person with an ownership interest in | 10 |
| property subject to an underlying agreement. | 11 |
| "Person" means any individual or entity, including, but not | 12 |
| limited to, a sole proprietorship, a partnership, a | 13 |
| corporation, a cooperative, an association, a limited | 14 |
| liability company, an estate, a trust, or a governmental | 15 |
| agency. | 16 |
| "Underlying agreement" means a written arrangement with a | 17 |
| landowner, including, but not limited to, an easement, under | 18 |
| the terms of which a person constructs or intends to construct | 19 |
| a wind energy generation facility on the property of the | 20 |
| landowner. | 21 |
| "Wind energy generation facility" means all property of any | 22 |
| nature whatsoever comprising an operation designed to harness | 23 |
| wind energy and create electricity therefrom, including, but | 24 |
| not limited to, turbines, towers, roadways, concrete | 25 |
| foundations, transmission lines, and poles, all situated on, | 26 |
| under, or over the property of a landowner. |
|
|
|
09500SB1184sam003 |
- 24 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| "Wind energy indemnity trust account" or "trust account" | 2 |
| means a trust account established by the Director of the | 3 |
| Department of Agriculture that is used for the receipt and | 4 |
| disbursement of moneys paid from the Fund. | 5 |
| "Wind turbine" means each tower, blade, and propeller | 6 |
| housing designed for wind energy generation.
| 7 |
| Section 10-10. Powers and duties of the Director of the | 8 |
| Department of Agriculture.
The Director has all powers | 9 |
| necessary and proper to fully and effectively execute the | 10 |
| provisions of this Law and has the general duty to implement | 11 |
| this Law. The Director's powers and duties include, but are not | 12 |
| limited to, the following: | 13 |
| (1) The Director shall serve as president of the | 14 |
| Corporation.
| 15 |
| (2) The Director may take any action that may be | 16 |
| reasonable or appropriate to enforce this Law and its | 17 |
| rules.
| 18 |
| Section 10-15. Administrative procedure.
The Illinois | 19 |
| Administrative Procedure Act applies to this Law.
| 20 |
| Section 10-20. Administrative review and venue.
Final | 21 |
| administrative decisions of the Department of Agriculture are | 22 |
| subject to judicial review under Article III of the Code of | 23 |
| Civil Procedure and its rules. The term "administrative |
|
|
|
09500SB1184sam003 |
- 25 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| decision" is defined as in Section 3-101 of the Code of Civil | 2 |
| Procedure. An action to review a final administrative decision | 3 |
| under this Law may be commenced in the circuit court of any | 4 |
| county in which any part of the transaction occurred that gave | 5 |
| rise to the claim that was the subject of the proceedings | 6 |
| before the Department of Agriculture.
| 7 |
| Section 10-25. Rules.
The Department of Agriculture may | 8 |
| adopt rules that are necessary for the implementation and | 9 |
| administration of this Law.
| 10 |
| Section 10-30. Fund assessments.
| 11 |
| (a) There is an assessment of $10,000 for each wind turbine | 12 |
| constructed or under construction as of the effective date of | 13 |
| this Law and for each turbine constructed thereafter, under the | 14 |
| provisions of an underlying agreement. The assessment is an | 15 |
| obligation of the owner of each wind turbine and is payable in | 16 |
| one initial payment of $5,000 and an additional $5,000 payable | 17 |
| in equal annual installments of $250 over a period of 20 years; | 18 |
| provided, however, that the subsequent annual installments | 19 |
| must be adjusted based on inflation, as reflected in the | 20 |
| Consumer Price Index, on an annual basis. The initial payment | 21 |
| is payable within 90 days after the effective date of this Law | 22 |
| for wind turbines already constructed or under construction, | 23 |
| and, in all other cases, prior to the commencement of | 24 |
| construction. |
|
|
|
09500SB1184sam003 |
- 26 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| (b) All installments under this Section must be sent to the | 2 |
| Department of Agriculture and made payable to the Corporation. | 3 |
| It is the responsibility of all parties to an underlying | 4 |
| agreement to report the existence and specific provisions of | 5 |
| the underlying agreement to the Department of Agriculture. | 6 |
| (c) The Department of Agriculture shall mail all assessment | 7 |
| notices to owners of wind energy generation facilities at least | 8 |
| 30 days before the assessment installment is due. | 9 |
| (d) All wind turbines already constructed, under | 10 |
| construction, or issued a building permit before the effective | 11 |
| date of this Law are to provide proof to the county of payment | 12 |
| to the Fund within 95 days after the effective date of this | 13 |
| Law. If such proof of payment is not provided, then the county | 14 |
| must order the wind energy company to stop all operation and | 15 |
| construction activities until the county receives proof of | 16 |
| payment to the Fund. For all other wind turbines, no county may | 17 |
| issue a building permit without being provided proof that the | 18 |
| above assessment has been paid to the Fund.
| 19 |
| Section 10-35. Abandonment.
Upon an administrative finding | 20 |
| in a hearing held by the Department of Agriculture that a | 21 |
| deconstruction has been validly determined and ordered by | 22 |
| either a court of competent jurisdiction or an arbitrator in | 23 |
| binding arbitration, and deconstruction, after a period of at | 24 |
| least 8 months, has not been completed satisfactorily, the | 25 |
| Director has all the powers for the benefit of claimants as |
|
|
|
09500SB1184sam003 |
- 27 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| established under this Law, including, but not limited to, the | 2 |
| power to do the following: | 3 |
| (a) request the transfer of moneys from the Wind Energy | 4 |
| Indemnity Fund to the trust account for the purpose of | 5 |
| paying the cost of deconstruction in accordance with this | 6 |
| Law; | 7 |
| (b) disburse the funds in the trust account for the | 8 |
| deconstruction in accordance with this Law; | 9 |
| (c) cause the sale of the deconstructed assets; | 10 |
| (d) retain from the sale of the deconstructed assets | 11 |
| moneys adequate to cover the costs to the Department of | 12 |
| Agriculture of the deconstruction, and pay those amounts to | 13 |
| the Fund; or | 14 |
| (e) return all moneys over and above the costs to the | 15 |
| Department of Agriculture for the deconstruction to the | 16 |
| owner or owners of the deconstructed assets, or to the | 17 |
| holders of valid liens on those assets.
| 18 |
| Section 10-40. Statutory lien.
Except as otherwise | 19 |
| provided in this Section, the Department of Agriculture shall | 20 |
| have a lien prior and paramount to all other liens of any sort | 21 |
| on the assets of the wind energy system to the extent of the | 22 |
| costs incurred by the Department to accomplish the | 23 |
| deconstruction of the abandoned wind energy system, which | 24 |
| arises and attaches upon construction of said wind energy | 25 |
| system. The lien herein granted to the Department shall not be |
|
|
|
09500SB1184sam003 |
- 28 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| prior and paramount to the statutory lien in favor of real | 2 |
| property taxes.
| 3 |
| Section 10-45. Claims.
| 4 |
| (a) A claimant shall file a complaint on forms supplied by | 5 |
| the Department of Agriculture that contains at least the | 6 |
| following: | 7 |
| (1) the name and address of the claimant; | 8 |
| (2) the name and address of the owner of the wind | 9 |
| energy generation facility in question; | 10 |
| (3) the location of the wind energy generation facility | 11 |
| in question; | 12 |
| (4) a copy of either a court decision, or the finding | 13 |
| of an arbitrator in binding arbitration proceeding, that | 14 |
| indicates a finding of abandonment of the wind energy | 15 |
| generation facility in question; a determination that the | 16 |
| underlying agreement is null, void, and of no further force | 17 |
| and effect; and an order for deconstruction of same. The | 18 |
| court order or arbitration decision must have been rendered | 19 |
| at least 8 months previously, and the time for all appeals | 20 |
| and related proceedings must have lapsed; | 21 |
| (5) evidence showing that the deconstruction ordered | 22 |
| by a court, or by an arbitrator in a proceeding for binding | 23 |
| arbitration, has not been carried to a satisfactory | 24 |
| conclusion, as defined in this Law; and | 25 |
| (6) a request that the funds necessary to perform the |
|
|
|
09500SB1184sam003 |
- 29 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| deconstruction be paid to the Department from the Fund and | 2 |
| that the Department of Agriculture carry out the | 3 |
| deconstruction in accordance with the order of the court or | 4 |
| the arbitrator and in accordance with the definition of | 5 |
| deconstruction as contained in this Law. | 6 |
| (b) A hearing shall be held by the Department of | 7 |
| Agriculture and a decision rendered as to the validity of the | 8 |
| claimant's complaint. In the event of a finding that the | 9 |
| complaint is valid, then, within 90 days after the date, the | 10 |
| Department shall obtain at least 2 bids from contractors to | 11 |
| carry out the specific deconstruction. One bidder must be | 12 |
| chosen by the Department within the following 60 days, and the | 13 |
| Department, within 60 days thereafter, shall enter into a | 14 |
| written agreement with the successful bidder for the | 15 |
| deconstruction, which must be accomplished within 6 months | 16 |
| thereafter. | 17 |
| (c) It is the responsibility of the Department of | 18 |
| Agriculture to monitor the progress of the deconstruction and | 19 |
| provide the necessary supervisory oversight to ensure that it | 20 |
| is accomplished in accordance with the deconstruction | 21 |
| agreement and the provisions of this Act.
| 22 |
| Section 10-50. Illinois Wind Energy Indemnity Fund | 23 |
| Corporation; creation; powers.
| 24 |
| (a) There is hereby created the Illinois Wind Energy | 25 |
| Indemnity Fund Corporation, a political subdivision, body |
|
|
|
09500SB1184sam003 |
- 30 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| politic, and public corporation. The governing powers of the | 2 |
| Corporation are vested in the Board of Directors composed of | 3 |
| the Director, who shall personally serve as President; the | 4 |
| Attorney General or his or her designee, who shall serve as | 5 |
| Secretary; the State Treasurer or his or her designee, who | 6 |
| shall serve as Treasurer; and the Chairman of the Illinois | 7 |
| Commerce Commission, or his or her designee. Three members of | 8 |
| the Board constitute a quorum at any meeting of the Board, and | 9 |
| the affirmative vote of 3 members is necessary for any action | 10 |
| taken by the Board at a meeting, except that a lesser number | 11 |
| may adjourn a meeting from time to time. A vacancy in the | 12 |
| membership of the Board does not impair the right of a quorum | 13 |
| to exercise all the rights and perform all the duties of the | 14 |
| Board and Corporation. | 15 |
| (b) The Corporation has the following powers, together with | 16 |
| all powers incidental or necessary to the discharge of those | 17 |
| powers in corporate form: | 18 |
| (1) to have perpetual succession by its corporate name | 19 |
| as a corporate body; | 20 |
| (2) to adopt, alter, and repeal by-laws, not | 21 |
| inconsistent with the provisions of this Law, for the | 22 |
| regulation and conduct of its affairs and business; | 23 |
| (3) to adopt and make use of a corporate seal and to | 24 |
| alter the seal at pleasure; | 25 |
| (4) to avail itself of the use of information, | 26 |
| services, facilities, and employees of the State of |
|
|
|
09500SB1184sam003 |
- 31 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| Illinois in carrying out the provisions of this Law; | 2 |
| (5) to receive funds assessed by the Department of | 3 |
| Agriculture under this Law; | 4 |
| (6) to administer a fund, to be known as the Wind | 5 |
| Energy Indemnity Fund, by investing funds of the | 6 |
| Corporation that the Board may determine are not presently | 7 |
| needed for its corporate purposes; | 8 |
| (7) upon the request of the Director, to make payment | 9 |
| from the Fund to the Trust Account when payment is | 10 |
| necessary to pay costs of deconstruction in accordance with | 11 |
| the provisions of this Law; | 12 |
| (8) to authorize, receive, and disburse funds by | 13 |
| electronic means; and | 14 |
| (9) to have those powers that are necessary or | 15 |
| appropriate for the exercise of the powers specifically | 16 |
| conferred upon the Corporation and all incidental powers | 17 |
| that are customary in corporations. | 18 |
| (c) All assessments by the Department of Agriculture must | 19 |
| be held by the Corporation in the Fund. | 20 |
| (d) Subject to applicable law, the assets of the Fund may | 21 |
| me invested and reinvested at the discretion of the | 22 |
| Corporation, and the income from these investments must be | 23 |
| deposited into the Fund and must be available for the same | 24 |
| purposes as all other assets of the Fund. | 25 |
| (e) The assets of the Fund may not be available for any | 26 |
| purposes other than the payment of deconstruction costs under |
|
|
|
09500SB1184sam003 |
- 32 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| this Law and the payment of refunds of amounts that the Board | 2 |
| determines have been inappropriately paid into the Fund, and | 3 |
| may not be transferred to any other fund, other than the trust | 4 |
| account when necessary to pay deconstruction costs under this | 5 |
| Law or to pay refunds authorized by the Board.
| 6 |
| Section 10-55. No waiver.
Neither the Board nor the | 7 |
| Director has the authority to alter, vary, or revise the | 8 |
| provisions of this Law by agreement with any claimant or other | 9 |
| entity.
| 10 |
| Section 10-90. The Renewable Energy, Energy Efficiency, | 11 |
| and Coal Resources
Development Law of 1997 is amended by | 12 |
| changing Section 6-5 as follows:
| 13 |
| (20 ILCS 687/6-5)
| 14 |
| (Section scheduled to be repealed on December 16, 2007)
| 15 |
| Sec. 6-5. Renewable Energy Resources and Coal Technology
| 16 |
| Development Assistance Charge.
| 17 |
| (a) Notwithstanding the provisions of Section 16-111 of the | 18 |
| Public
Utilities
Act but subject to subsection (e) of this | 19 |
| Section,
each
public utility, electric cooperative, as defined | 20 |
| in Section 3.4 of the Electric
Supplier
Act, and municipal | 21 |
| utility, as referenced in Section 3-105 of the Public
Utilities | 22 |
| Act,
that is engaged in the delivery of electricity or the | 23 |
| distribution of natural
gas within
the State of Illinois shall, |
|
|
|
09500SB1184sam003 |
- 33 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| effective January 1, 1998, assess each of its
customer
accounts | 2 |
| a monthly Renewable Energy Resources and Coal Technology
| 3 |
| Development Assistance Charge. The delivering public utility, | 4 |
| municipal
electric or
gas utility, or electric or gas | 5 |
| cooperative for a self-assessing purchaser
remains
subject to | 6 |
| the collection of the fee imposed by this Section. The monthly
| 7 |
| charge
shall be as follows:
| 8 |
| (1) $0.05 per month on each account for residential
| 9 |
| electric service as defined in Section 13 of the Energy
| 10 |
| Assistance Act;
| 11 |
| (2) $0.05 per month on each account for residential
gas | 12 |
| service as defined in Section 13 of the
Energy Assistance | 13 |
| Act;
| 14 |
| (3) $0.50 per month on each account for
nonresidential | 15 |
| electric service, as defined in Section 13
of the Energy | 16 |
| Assistance Act, which had less than 10
megawatts of peak | 17 |
| demand during the previous calendar
year;
| 18 |
| (4) $0.50 per month on each account for
nonresidential | 19 |
| gas service, as defined in Section 13 of
the Energy | 20 |
| Assistance Act, which had distributed to it
less than | 21 |
| 4,000,000
therms of gas during the previous calendar year;
| 22 |
| (5) $37.50 per month on each account for
nonresidential | 23 |
| electric service, as defined in Section 13
of the Energy | 24 |
| Assistance Act, which had 10 megawatts
or greater of peak | 25 |
| demand during the previous calendar
year; and
| 26 |
| (6) $37.50 per month on each account for
nonresidential |
|
|
|
09500SB1184sam003 |
- 34 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| gas service, as defined in Section 13 of
the Energy | 2 |
| Assistance Act, which had 4,000,000 or
more therms of gas | 3 |
| distributed to it during the previous
calendar year.
| 4 |
| (b) The Renewable Energy Resources and Coal Technology | 5 |
| Development
Assistance
Charge assessed by electric and gas | 6 |
| public utilities shall be considered a
charge
for public | 7 |
| utility service.
| 8 |
| (c) Fifty percent of the moneys collected pursuant to
this | 9 |
| Section shall be deposited in the Renewable Energy
Resources | 10 |
| Trust Fund by the Department of Revenue. The remaining 50 | 11 |
| percent
of the moneys
collected pursuant to this Section shall | 12 |
| be deposited in the
Coal Technology Development Assistance Fund | 13 |
| by the Department of Revenue
for the exclusive purposes of (1) | 14 |
| capturing or sequestering carbon emissions produced by coal | 15 |
| combustion; (2) supporting research on the capture and | 16 |
| sequestration of carbon emissions produced by coal combustion; | 17 |
| and (3) improving coal miner safety
use under the
Illinois Coal | 18 |
| Technology Development Assistance Act .
| 19 |
| (d) By the 20th day of the month following the month in | 20 |
| which the charges
imposed by this Section were collected, each | 21 |
| utility
and alternative retail electric
supplier collecting | 22 |
| charges
pursuant to this Section shall remit
to the Department | 23 |
| of Revenue for deposit in the
Renewable Energy Resources Trust | 24 |
| Fund and the Coal Technology Development
Assistance Fund all
| 25 |
| moneys received as payment of the charge provided for in this
| 26 |
| Section on a return prescribed and furnished by the Department |
|
|
|
09500SB1184sam003 |
- 35 - |
LRB095 10949 MJR 35699 a |
|
| 1 |
| of Revenue
showing such information as the Department of | 2 |
| Revenue may reasonably require.
| 3 |
| (e) The charges imposed by this Section shall only apply
to | 4 |
| customers of municipal electric or gas utilities and electric | 5 |
| or gas
cooperatives if the municipal electric or gas utility or | 6 |
| electric or
gas
cooperative makes an affirmative decision to | 7 |
| impose the
charge.
If a municipal electric or gas utility or an | 8 |
| electric or gas cooperative
makes an
affirmative decision to | 9 |
| impose the charge provided by this Section, the
municipal
| 10 |
| electric or gas utility or electric or gas cooperative shall | 11 |
| inform the
Department of
Revenue in writing of such decision | 12 |
| when it begins to impose the charge.
If a municipal electric or | 13 |
| gas utility or electric or gas
cooperative does not assess this | 14 |
| charge, its customers shall
not be eligible for the Renewable | 15 |
| Energy Resources Program.
| 16 |
| (f) The Department of Revenue may establish such rules as | 17 |
| it deems
necessary to implement this Section.
| 18 |
| (Source: P.A. 92-690, eff. 7-18-02.)
| 19 |
| ARTICLE 99
| 20 |
| Section 999. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|