Full Text of HB4251 96th General Assembly
HB4251sam001 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 5/18/2009
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| AMENDMENT TO HOUSE BILL 4251
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| AMENDMENT NO. ______. Amend House Bill 4251 on page 1, | 3 |
| below line 14, by inserting the following:
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| "Section 10. If and only if Senate Bill 1918 of the 96th | 5 |
| General Assembly becomes law, then the Public Utilities Act is | 6 |
| amended by adding Section 8-104 as follows:
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| (220 ILCS 5/8-104)
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| Sec. 8-104. Natural gas energy efficiency programs. | 9 |
| (a) It is the policy of the State that natural gas | 10 |
| utilities and the Department of Commerce and Economic | 11 |
| Opportunity are required to use cost-effective energy | 12 |
| efficiency to reduce direct and indirect costs to consumers. It | 13 |
| serves the public interest to allow natural gas utilities to | 14 |
| recover costs for reasonably and prudently incurred expenses | 15 |
| for cost-effective energy efficiency measures. | 16 |
| (b) For purposes of this Section, "energy efficiency" means |
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| measures that reduce the amount of energy required to achieve a | 2 |
| given end use and "cost-effective" means that the measures | 3 |
| satisfy the total resource cost test which, for purposes of | 4 |
| this Section, means a standard that is met if, for an | 5 |
| investment in energy efficiency, the benefit-cost ratio is | 6 |
| greater than one. The benefit-cost ratio is the ratio of the | 7 |
| net present value of the total benefits of the measures to the | 8 |
| net present value of the total costs as calculated over the | 9 |
| lifetime of the measures. The total resource cost test compares | 10 |
| the sum of avoided natural gas utility costs, representing the | 11 |
| benefits that accrue to the system and the participant in the | 12 |
| delivery of those efficiency measures, as well as other | 13 |
| quantifiable societal benefits, including avoided electric | 14 |
| utility costs, to the sum of all incremental costs of end use | 15 |
| measures (including both utility and participant | 16 |
| contributions), plus costs to administer, deliver, and | 17 |
| evaluate each demand-side measure, to quantify the net savings | 18 |
| obtained by substituting demand-side measures for supply | 19 |
| resources. In calculating avoided costs, reasonable estimates | 20 |
| shall be included for financial costs likely to be imposed by | 21 |
| future regulation of emissions of greenhouse gases. The | 22 |
| low-income programs described in item (4) of subsection (f) of | 23 |
| this Section shall not be required to meet the total resource | 24 |
| cost test. | 25 |
| (c) Natural gas utilities shall implement cost-effective | 26 |
| energy efficiency measures to meet at least the following |
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| natural gas savings requirements, which shall be based upon the | 2 |
| total amount of gas delivered to retail customers, other than | 3 |
| the customers described in subsection (m) of this Section, | 4 |
| during calendar year 2009 multiplied by the applicable | 5 |
| percentage. Natural gas utilities may comply with this Section | 6 |
| by meeting the annual incremental savings goal in the | 7 |
| applicable year or by showing that total savings associated | 8 |
| with measures implemented after May 31, 2011 were equal to the | 9 |
| sum of each annual incremental savings requirement from May 31, | 10 |
| 2011 through the end of the applicable year: | 11 |
| (1) 0.2% by May 31, 2012; | 12 |
| (2) an additional 0.4% by May 31, 2013, increasing | 13 |
| total savings to .6%; | 14 |
| (3) an additional 0.6% by May 31, 2014, increasing | 15 |
| total savings to 1.2%; | 16 |
| (4) an additional 0.8% by May 31, 2015, increasing | 17 |
| total savings to 2.0%; | 18 |
| (5) an additional 1% by May 31, 2016, increasing total | 19 |
| savings to 3.0%; | 20 |
| (6) an additional 1.2% by May 31, 2017, increasing | 21 |
| total savings to 4.2%; | 22 |
| (7) an additional 1.4% by May 31, 2018, increasing | 23 |
| total savings to 5.6%; | 24 |
| (8) an additional 1.5% by May 31, 2019, increasing | 25 |
| total savings to 7.1%; and | 26 |
| (9) an additional 1.5% in each 12 month period |
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| thereafter. | 2 |
| (d) Notwithstanding the requirements of subsection (c) of | 3 |
| this Section, a natural gas utility shall limit the amount of | 4 |
| energy efficiency implemented in any 3-year reporting period | 5 |
| established by subsection (f) of Section 8-104 of this Act, by | 6 |
| an amount necessary to limit the estimated average increase in | 7 |
| the amounts paid by retail customers in connection with natural | 8 |
| gas service to no more than 2% in the applicable 3-year | 9 |
| reporting period. The energy savings requirements in | 10 |
| subsection (c) of this Section may be reduced by the Commission | 11 |
| for the subject plan, if the utility demonstrates by | 12 |
| substantial evidence that it is highly unlikely that the | 13 |
| requirements could be achieved without exceeding the | 14 |
| applicable spending limits in any 3-year reporting period. No | 15 |
| later than September 1, 2013, the Commission shall review the | 16 |
| limitation on the amount of energy efficiency measures | 17 |
| implemented pursuant to this Section and report to the General | 18 |
| Assembly, in the report required by subsection (k) of this | 19 |
| Section, its findings as to whether that limitation unduly | 20 |
| constrains the procurement of energy efficiency measures. | 21 |
| (e) Natural gas utilities shall be responsible for | 22 |
| overseeing the design, development, and filing of their | 23 |
| efficiency plans with the Commission. The utility shall utilize | 24 |
| 75% of the available funding associated with energy efficiency | 25 |
| programs approved by the Commission, and may outsource various | 26 |
| aspects of program development and implementation. The |
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| remaining 25% of available funding shall be used by the | 2 |
| Department of Commerce and Economic Opportunity to implement | 3 |
| energy efficiency measures that achieve no less than 20% of the | 4 |
| requirements of subsection (c) of this section. Such measures | 5 |
| shall be designed in conjunction with the utility and approved | 6 |
| by the Commission. The Department may outsource development and | 7 |
| implementation of energy efficiency measures. A minimum of 10% | 8 |
| of the entire portfolio of cost-effective energy efficiency | 9 |
| measures shall be procured from local government, municipal | 10 |
| corporations, school districts, and community college | 11 |
| districts. Five percent of the entire portfolio of | 12 |
| cost-effective energy efficiency measures may be granted to | 13 |
| local government and municipal corporations for market | 14 |
| transformation initiatives. The Department shall coordinate | 15 |
| the implementation of these measures and shall integrate | 16 |
| delivery of natural gas efficiency programs with electric | 17 |
| efficiency programs delivered pursuant to Section 8-103 of this | 18 |
| Act, unless the Department can show that integration is not | 19 |
| feasible. | 20 |
| The apportionment of the dollars to cover the costs to | 21 |
| implement the Department's share of the portfolio of energy | 22 |
| efficiency measures shall be made to the Department once the | 23 |
| Department has executed grants or contracts for energy | 24 |
| efficiency measures and provided supporting documentation for | 25 |
| those grants and the contracts to the utility. | 26 |
| The details of the measures implemented by the Department |
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| shall be submitted by the Department to the Commission in | 2 |
| connection with the utility's filing regarding the energy | 3 |
| efficiency measures that the utility implements. | 4 |
| A utility providing approved energy efficiency measures in | 5 |
| this State shall be permitted to recover costs of those | 6 |
| measures through an automatic adjustment clause tariff filed | 7 |
| with and approved by the Commission. The tariff shall be | 8 |
| established outside the context of a general rate case and | 9 |
| shall be applicable to the utility's customers other than the | 10 |
| customers described in subsection (m) of this section. Each | 11 |
| year the Commission shall initiate a review to reconcile any | 12 |
| amounts collected with the actual costs and to determine the | 13 |
| required adjustment to the annual tariff factor to match annual | 14 |
| expenditures. | 15 |
| Each utility shall include, in its recovery of costs, the | 16 |
| costs estimated for both the utility's and the Department's | 17 |
| implementation of energy efficiency measures. Costs collected | 18 |
| by the utility for measures implemented by the Department shall | 19 |
| be submitted to the Department pursuant to Section 605-323 of | 20 |
| the Civil Administrative Code of Illinois and shall be used by | 21 |
| the Department solely for the purpose of implementing these | 22 |
| measures. A utility shall not be required to advance any moneys | 23 |
| to the Department but only to forward such funds as it has | 24 |
| collected. The Department shall report to the Commission on an | 25 |
| annual basis regarding the costs actually incurred by the | 26 |
| Department in the implementation of the measures. Any changes |
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| to the costs of energy efficiency measures as a result of plan | 2 |
| modifications shall be appropriately reflected in amounts | 3 |
| recovered by the utility and turned over to the Department. | 4 |
| The portfolio of measures, administered by both the | 5 |
| utilities and the Department, shall, in combination, be | 6 |
| designed to achieve the annual energy savings requirements set | 7 |
| forth in subsection (c) of this Section, as modified by | 8 |
| subsection (d) of this Section. | 9 |
| The utility and the Department shall agree upon a | 10 |
| reasonable portfolio of measures and determine the measurable | 11 |
| corresponding percentage of the savings goals associated with | 12 |
| measures implemented by the Department. | 13 |
| No utility shall be assessed a penalty under subsection (f) | 14 |
| of this Section for failure to make a timely filing if that | 15 |
| failure is the result of a lack of agreement with the | 16 |
| Department with respect to the allocation of responsibilities | 17 |
| or related costs or target assignments. In that case, the | 18 |
| Department and the utility shall file their respective plans | 19 |
| with the Commission and the Commission shall determine an | 20 |
| appropriate division of measures and programs that meets the | 21 |
| requirements of this Section. | 22 |
| If the Department is unable to meet performance | 23 |
| requirements for the portion of the portfolio implemented by | 24 |
| the Department, then the utility and the Department shall | 25 |
| jointly submit a modified filing to the Commission explaining | 26 |
| the performance shortfall and recommending an appropriate |
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| course going forward, including any program modifications that | 2 |
| may be appropriate in light of the evaluations conducted under | 3 |
| item (8) of subsection (f) of this Section. In this case, the | 4 |
| utility obligation to collect the Department's costs and turn | 5 |
| over those funds to the Department under this subsection (e) | 6 |
| shall continue only if the Commission approves the | 7 |
| modifications to the plan proposed by the Department. | 8 |
| (f) No later than October 1, 2010, each gas utility shall | 9 |
| file an energy efficiency plan with the Commission to meet the | 10 |
| energy efficiency standards through May 31, 2014. Every 3 years | 11 |
| thereafter, each utility shall file, no later than October 1, | 12 |
| an energy efficiency plan with the Commission. If a utility | 13 |
| does not file such a plan by October 1 of the applicable year, | 14 |
| then it shall face a penalty of $100,000 per day until the plan | 15 |
| is filed. Each utility's plan shall set forth the utility's | 16 |
| proposals to meet the utility's portion of the energy | 17 |
| efficiency standards identified in subsection (c) of this | 18 |
| Section, as modified by subsection (d) of this Section, taking | 19 |
| into account the unique circumstances of the utility's service | 20 |
| territory. The Commission shall seek public comment on the | 21 |
| utility's plan and shall issue an order approving or | 22 |
| disapproving each plan. If the Commission disapproves a plan, | 23 |
| the Commission shall, within 30 days, describe in detail the | 24 |
| reasons for the disapproval and describe a path by which the | 25 |
| utility may file a revised draft of the plan to address the | 26 |
| Commission's concerns satisfactorily. If the utility does not |
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| refile with the Commission within 60 days after the | 2 |
| disapproval, the utility shall be subject to penalties at a | 3 |
| rate of $100,000 per day until the plan is filed. This process | 4 |
| shall continue, and penalties shall accrue, until the utility | 5 |
| has successfully filed a portfolio of energy efficiency | 6 |
| measures. Penalties shall be deposited into the Energy | 7 |
| Efficiency Trust Fund and the cost of any such penalties may | 8 |
| not be recovered from ratepayers. In submitting proposed energy | 9 |
| efficiency plans and funding levels to meet the savings goals | 10 |
| adopted by this Act the utility shall: | 11 |
| (1) Demonstrate that its proposed energy efficiency | 12 |
| measures will achieve the requirements that are identified | 13 |
| in subsection (c) of this Section, as modified by | 14 |
| subsection (d) of this Section. | 15 |
| (2) Present specific proposals to implement new | 16 |
| building and appliance standards that have been placed into | 17 |
| effect. | 18 |
| (3) Present estimates of the total amount paid for gas | 19 |
| service expressed on a per therm basis associated with the | 20 |
| proposed portfolio of measures designed to meet the | 21 |
| requirements that are identified in subsection (c) of this | 22 |
| Section, as modified by subsection (d) of this Section. | 23 |
| (4) Coordinate with the Department to present a | 24 |
| portfolio of energy efficiency measures proportionate to | 25 |
| the share of total annual utility revenues in Illinois from | 26 |
| households at or below 150% of the poverty level. Such |
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| programs shall be targeted to households with incomes at or | 2 |
| below 80% of area median income. | 3 |
| (5) Demonstrate that its overall portfolio of energy | 4 |
| efficiency measures, not including programs covered by | 5 |
| item (4) of this subsection (f), are cost-effective using | 6 |
| the total resource cost test and represent a diverse cross | 7 |
| section of opportunities for customers of all rate classes | 8 |
| to participate in the programs. | 9 |
| (6) Demonstrate that a gas utility affiliated with an | 10 |
| electric utility that is required to comply with Section | 11 |
| 8-103 of this Act has integrated gas and electric | 12 |
| efficiency measures into a single program that reduces | 13 |
| program or participant costs and appropriately allocates | 14 |
| costs to gas and electric ratepayers. The Department shall | 15 |
| integrate all gas and electric programs it delivers in any | 16 |
| such utilities' service territories, unless the Department | 17 |
| can show that integration is not feasible or appropriate. | 18 |
| (7) Include a proposed cost recovery tariff mechanism | 19 |
| to fund the proposed energy efficiency measures and to | 20 |
| ensure the recovery of the prudently and reasonably | 21 |
| incurred costs of Commission approved programs. | 22 |
| (8) Provide for quarterly status reports tracking | 23 |
| implementation of and expenditures for the utility's | 24 |
| portfolio of measures and the Department's portfolio of | 25 |
| measures, an annual independent review, and a full | 26 |
| independent evaluation of the 3-year results of the |
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| performance and the cost-effectiveness of the utility's | 2 |
| and Department's portfolios of measures and broader net | 3 |
| program impacts and, to the extent practical, for | 4 |
| adjustment of the measures on a going forward basis as a | 5 |
| result of the evaluations. The resources dedicated to | 6 |
| evaluation shall not exceed 3% of portfolio resources in | 7 |
| any given 3-year period. | 8 |
| (g) No more than 3% of expenditures on energy efficiency | 9 |
| measures may be allocated for demonstration of breakthrough | 10 |
| equipment and devices. | 11 |
| (h) Illinois natural gas utilities that are affiliated by | 12 |
| virtue of a common parent company may, at the utilities' | 13 |
| request, be considered a single natural gas utility for | 14 |
| purposes of complying with this Section. | 15 |
| (i) If, after 3 years, a gas utility fails to meet the | 16 |
| efficiency standard specified in subsection (c) of this Section | 17 |
| as modified by subsection (d), then it shall make a | 18 |
| contribution to the Low-Income Home Energy Assistance Program. | 19 |
| The total liability for failure to meet the goal shall be | 20 |
| assessed as follows: | 21 |
| (1) a large gas utility shall pay $600,000; | 22 |
| (2) a medium gas utility shall pay $400,000; and | 23 |
| (3) a small gas utility shall pay $200,000. | 24 |
| For purposes of this Section, (i) a "large gas utility" is | 25 |
| a gas utility that on December 31, 2008, served more than | 26 |
| 1,500,000 gas customers in Illinois; (ii) a "medium gas |
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| utility" is a gas utility that on December 31, 2008, served | 2 |
| fewer than 1,500,000, but more than 500,000 gas customers in | 3 |
| Illinois; and (iii) a "small gas utility" is a gas utility that | 4 |
| on December 31, 2008, served fewer than 500,000 and more than | 5 |
| 100,000 gas customers in Illinois. The costs of this | 6 |
| contribution may not be recovered from ratepayers. | 7 |
| If a gas utility fails to meet the efficiency standard | 8 |
| specified in subsection (c) of this Section, as modified by | 9 |
| subsection (d) of this Section, in any 2 consecutive 3-year | 10 |
| planning periods, then the responsibility for implementing the | 11 |
| utility's energy efficiency measures shall be transferred to an | 12 |
| independent program administrator selected by the Commission. | 13 |
| Reasonable and prudent costs incurred by the independent | 14 |
| program administrator to meet the efficiency standard | 15 |
| specified in subsection (c) of this Section, as modified by | 16 |
| subsection (d) of this Section, may be recovered from the | 17 |
| customers of the affected gas utilities, other than customers | 18 |
| described in subsection (m) of this Section. The utility shall | 19 |
| provide the independent program administrator with all | 20 |
| information and assistance necessary to perform the program | 21 |
| administrator's duties including but not limited to customer, | 22 |
| account, and energy usage data, and shall allow the program | 23 |
| administrator to include inserts in customer bills. The utility | 24 |
| may recover reasonable costs associated with any such | 25 |
| assistance. | 26 |
| (j) No utility shall be deemed to have failed to meet the |
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| energy efficiency standards to the extent any such failure is | 2 |
| due to a failure of the Department. | 3 |
| (k) Not later than January 1, 2012, the Commission shall | 4 |
| develop and solicit public comment on a plan to foster | 5 |
| statewide coordination and consistency between | 6 |
| statutorily-mandated natural gas and electric energy | 7 |
| efficiency programs to reduce program or participant costs or | 8 |
| to improve program performance. Not later than September 1, | 9 |
| 2013, the Commission shall issue a report to the General | 10 |
| Assembly containing its findings and recommendations. | 11 |
| (l) This Section does not apply to a gas utility that on | 12 |
| January 1, 2009, provided gas service to fewer than 100,000 | 13 |
| customers in Illinois ; nor does it apply to gas delivered to or | 14 |
| used by electric generating units located in Illinois, | 15 |
| including those units owned by a common parent company . | 16 |
| (m) Subsections (a) through (k) of this Section do not | 17 |
| apply to customers of a natural gas utility that have a North | 18 |
| American Industry Classification System Classification code | 19 |
| number beginning with the digits 31, 32, or 33 and (i) annual | 20 |
| usage in the aggregate of 4 million therms or more within the | 21 |
| service territory of the affected gas utility or with aggregate | 22 |
| usage of 8 million therms or more in this State and complying | 23 |
| with the provisions of item (l) of this subsection (m); or (ii) | 24 |
| using natural gas as feedstock and meeting the usage | 25 |
| requirements described in item (i) of this subsection (m), to | 26 |
| the extent such annual feedstock usage is greater that 60% of |
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| the customer's total annual usage of natural gas. | 2 |
| (1) Customers described in this subsection (m) of this | 3 |
| Section shall apply, on a form approved on or before | 4 |
| October 1, 2009 by the Department, to the Department to be | 5 |
| designated as a self-directing customer ("SDC") or as an | 6 |
| exempt customer using natural gas as a feedstock from which | 7 |
| other products are made, including, but not limited to, | 8 |
| feedstock for a hydrogen plant, on or before the 1st day of | 9 |
| February, 2010. Thereafter, application may be made not | 10 |
| less than 6 months before the filing date of the gas | 11 |
| utility energy efficiency plan described in subsection (f) | 12 |
| of this Section; however, a new customer that commences | 13 |
| taking service from a natural gas utility after February 1, | 14 |
| 2010 may apply to become a SDC or exempt customer up to 30 | 15 |
| days after beginning service. Such application shall | 16 |
| contain the following: | 17 |
| (A) the customer's certification that, at the time | 18 |
| of its application, it qualifies to be a SDC or exempt | 19 |
| customer described in this subsection (m) of this | 20 |
| Section; | 21 |
| (B) in the case of a SDC, the customer's | 22 |
| certification that it has established or will | 23 |
| establish by the beginning of the utility's 3-year | 24 |
| planning period commencing subsequent to the | 25 |
| application, and will maintain for accounting | 26 |
| purposes, an energy efficiency reserve account and |
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| that the customer will accrue funds in said account to | 2 |
| be held for the purpose of funding, in whole or in | 3 |
| part, energy efficiency measures of the customer's | 4 |
| choosing, which may include, but are not limited to, | 5 |
| projects involving combined heat and power systems | 6 |
| that use the same energy source both for the generation | 7 |
| of electrical or mechanical power and the production of | 8 |
| steam or another form of useful thermal energy or the | 9 |
| use of combustible gas produced from biomass, or both; | 10 |
| (C) in the case of a SDC, the customer's | 11 |
| certification that annual funding levels for the | 12 |
| energy efficiency reserve account will be equal to 2% | 13 |
| of the customer's cost of natural gas, composed of the | 14 |
| customer's commodity cost and the delivery service | 15 |
| charges paid to the gas utility, or $150,000, whichever | 16 |
| is less; | 17 |
| (D) in the case of a SDC, the customer's | 18 |
| certification that the required reserve account | 19 |
| balance will be capped at 3 years worth of accruals and | 20 |
| that the customer may, at its option, make further | 21 |
| deposits to the account to the extent such deposit | 22 |
| would increase the reserve account balance above the | 23 |
| designated cap level; | 24 |
| (E) in the case of a SDC, the customer's | 25 |
| certification that by October 1 of each year, beginning | 26 |
| no sooner than October 1, 2012, the customer will |
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| report to the Department information, for the 12-month | 2 |
| period ending May 31 of the same year, on all deposits | 3 |
| and reductions, if any, to the reserve account during | 4 |
| the reporting year, and to the extent deposits to the | 5 |
| reserve account in any year are in an amount less than | 6 |
| $150,000, the basis for such reduced deposits; reserve | 7 |
| account balances by month; a description of energy | 8 |
| efficiency measures undertaken by the customer and | 9 |
| paid for in whole or in part with funds from the | 10 |
| reserve account; an estimate of the energy saved, or to | 11 |
| be saved, by the measure; and that the report shall | 12 |
| include a verification by an officer or plant manager | 13 |
| of the customer or by a registered professional | 14 |
| engineer or certified energy efficiency trade | 15 |
| professional that the funds withdrawn from the reserve | 16 |
| account were used for the energy efficiency measures; | 17 |
| (F) in the case of an exempt customer, the | 18 |
| customer's certification of the level of gas usage as | 19 |
| feedstock in the customer's operation in a typical year | 20 |
| and that it will provide information establishing this | 21 |
| level, upon request of the Department; | 22 |
| (G) in the case of either an exempt customer or a | 23 |
| SDC, the customer's certification that it has provided | 24 |
| the gas utility or utilities serving the customer with | 25 |
| a copy of the application as filed with the Department; | 26 |
| (H) in the case of either an exempt customer or a |
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| SDC, certification of the natural gas utility or | 2 |
| utilities serving the customer in Illinois including | 3 |
| the natural gas utility accounts that are the subject | 4 |
| of the application; and | 5 |
| (I) in the case of either an exempt customer or a | 6 |
| SDC, a verification signed by a plant manager or an | 7 |
| authorized corporate officer attesting to the | 8 |
| truthfulness and accuracy of the information contained | 9 |
| in the application. | 10 |
| (2) The Department shall review the application to | 11 |
| determine that it contains the information described in | 12 |
| provisions (A) through (I) of item (1) of this subsection | 13 |
| (m), as applicable. The review shall be completed within 30 | 14 |
| days after the date the application is filed with the | 15 |
| Department. Absent a determination by the Department | 16 |
| within the 30-day period, the applicant shall be considered | 17 |
| to be a SDC or exempt customer, as applicable, for all | 18 |
| subsequent 3-year planning periods, as of the date of | 19 |
| filing the application described in this subsection (m). If | 20 |
| the Department determines that the application does not | 21 |
| contain the applicable information described in provisions | 22 |
| (A) through (I) of item (1) of this subsection (m), it | 23 |
| shall notify the customer, in writing, of its determination | 24 |
| that the application does not contain the required | 25 |
| information and identify the information that is missing, | 26 |
| and the customer shall provide the missing information |
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| within 15 working days after the date of receipt of the | 2 |
| Department's notification. | 3 |
| (3) The Department shall have the right to audit the | 4 |
| information provided in the customer's application and | 5 |
| annual reports to ensure continued compliance with the | 6 |
| requirements of this subsection. Based on the audit, if the | 7 |
| Department determines the customer is no longer in | 8 |
| compliance with the requirements of items (A) through (I) | 9 |
| of item (1) of this subsection (m), as applicable, the | 10 |
| Department shall notify the customer in writing of the | 11 |
| noncompliance. The Customer shall have 30 days to establish | 12 |
| its compliance, and failing to do so, may have its status | 13 |
| as a SDC or exempt customer revoked by the Department. The | 14 |
| Department shall treat all information provided by any | 15 |
| customer seeking SDC status or exemption from the | 16 |
| provisions of this Section as strictly confidential. | 17 |
| (4) Upon request, or on its own motion, the Commission | 18 |
| may open an investigation, no more than once every 3 years | 19 |
| and not before October 1, 2014, to evaluate the | 20 |
| effectiveness of the self-directing program described in | 21 |
| this subsection (m). | 22 |
| (n) The applicability of this Section to customers | 23 |
| described in subsection (m) of this Section is conditioned on | 24 |
| the existence of the SDC program. In no event will any | 25 |
| provision of this Section apply to such customers after January | 26 |
| 1, 2020.
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|
09600HB4251sam001 |
- 19 - |
LRB096 11828 MJR 27020 a |
|
| 1 |
| (Source: 96SB1981eng with ham02.)"; and
| 2 |
| on page 1, in line 16, by replacing "law." with "law; except | 3 |
| that Section 10 of this Act takes effect upon becoming law or | 4 |
| on the effective date of Senate Bill 1918 of the 96th General | 5 |
| Assembly, whichever occurs later.".
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|