Full Text of SB1860 96th General Assembly
SB1860sam001 96TH GENERAL ASSEMBLY
|
Sen. Michael Bond
Filed: 3/17/2009
|
|
09600SB1860sam001 |
|
LRB096 11251 MJR 23610 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1860
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1860 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 16-107.5 as follows: | 6 |
| (220 ILCS 5/16-107.5)
| 7 |
| Sec. 16-107.5. Net electricity metering. | 8 |
| (a) The Legislature finds and declares that a program to | 9 |
| provide net electricity
metering, as defined in this Section,
| 10 |
| for eligible customers can encourage private investment in | 11 |
| renewable energy
resources, stimulate
economic growth, enhance | 12 |
| the continued diversification of Illinois' energy
resource | 13 |
| mix, and protect
the Illinois environment.
| 14 |
| (b) As used in this Section, (i) "eligible customer" means | 15 |
| a retail
customer that owns or operates a
solar, wind, or other | 16 |
| eligible renewable electrical generating facility with a rated |
|
|
|
09600SB1860sam001 |
- 2 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| capacity of not more than
2,000 kilowatts that is
located on | 2 |
| the customer's premises and is intended primarily to offset the | 3 |
| customer's
own electrical requirements; (ii) "electricity | 4 |
| provider" means an electric utility , or alternative retail | 5 |
| electric supplier , or cooperative or municipal electric | 6 |
| agency ; (iii) "eligible renewable electrical generating | 7 |
| facility" means a generator powered by solar electric energy, | 8 |
| wind, dedicated crops grown for electricity generation, | 9 |
| anaerobic digestion of livestock or food processing waste, fuel | 10 |
| cells or microturbines powered by renewable fuels, or | 11 |
| hydroelectric energy; and (iv) "net electricity metering" (or | 12 |
| "net metering") means the
measurement, during the
billing | 13 |
| period applicable to an eligible customer, of the net amount of
| 14 |
| electricity supplied by an
electricity provider to the | 15 |
| customer's premises or provided to the electricity provider by | 16 |
| the customer.
| 17 |
| (c) A net metering facility shall be equipped with metering | 18 |
| equipment that can measure the flow of electricity in both | 19 |
| directions at the same rate. For eligible residential | 20 |
| customers, this shall typically be accomplished through use of | 21 |
| a single, bi-directional meter. If the eligible customer's | 22 |
| existing electric revenue meter does not meet this requirement, | 23 |
| the electricity provider shall arrange for the local electric | 24 |
| utility or a meter service provider to install and maintain a | 25 |
| new revenue meter at the electricity provider's expense. For | 26 |
| non-residential customers, the electricity provider may |
|
|
|
09600SB1860sam001 |
- 3 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| arrange for the local electric utility or a meter service | 2 |
| provider to install and maintain metering equipment capable of | 3 |
| measuring the flow of electricity both into and out of the | 4 |
| customer's facility at the same rate and ratio, typically | 5 |
| through the use of a dual channel meter. For generators with a | 6 |
| nameplate rating of 40 kilowatts and below, the costs of | 7 |
| installing such equipment shall be paid for by the electricity | 8 |
| provider. For generators with a nameplate rating over 40 | 9 |
| kilowatts and up to 2,000 kilowatts capacity, the costs of | 10 |
| installing such equipment shall be paid for by the customer. | 11 |
| Any subsequent revenue meter change necessitated by any | 12 |
| eligible customer shall be paid for by the customer.
| 13 |
| (d) An electricity provider shall
measure and charge or | 14 |
| credit for the net
electricity supplied to eligible customers | 15 |
| or provided by eligible customers in
the following manner:
| 16 |
| (1) If the amount of electricity used by the customer | 17 |
| during the billing
period exceeds the
amount of electricity | 18 |
| produced by the customer, the electricity provider shall | 19 |
| charge the customer for the net electricity supplied to and | 20 |
| used
by the customer as provided in subsection (e) of this | 21 |
| Section.
| 22 |
| (2) If the amount of electricity produced by a customer | 23 |
| during the billing period exceeds the amount of electricity | 24 |
| used by the customer during that billing period, the | 25 |
| electricity provider supplying that customer shall apply a | 26 |
| 1:1 kilowatt-hour credit to a subsequent bill for service |
|
|
|
09600SB1860sam001 |
- 4 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| to the customer for the net electricity supplied to the | 2 |
| electricity provider. The electricity provider shall | 3 |
| continue to carry over any excess kilowatt-hour credits | 4 |
| earned and apply those credits to subsequent billing | 5 |
| periods to offset any customer-generator consumption in | 6 |
| those billing periods until all credits are used or until | 7 |
| the end of the annualized period.
| 8 |
| (3) In At the end of the year or annualized over the | 9 |
| period that service is supplied by means of net metering, | 10 |
| or in the event that the retail customer terminates service | 11 |
| with the electricity provider prior to the end of the year | 12 |
| or the annualized period , any remaining credits in the | 13 |
| customer's account shall expire.
| 14 |
| (e) An electricity provider shall provide to net metering | 15 |
| customers electric service at non-discriminatory rates that | 16 |
| are identical, with respect to rate structure, retail rate | 17 |
| components, and any monthly charges, to the rates that the | 18 |
| customer would be charged if not a net metering customer. An | 19 |
| electricity provider shall not charge net metering customers | 20 |
| any fee or charge or require additional equipment, insurance, | 21 |
| or any other requirements not specifically authorized by | 22 |
| interconnection standards authorized by the Commission, unless | 23 |
| the fee, charge, or other requirement would apply to other | 24 |
| similarly situated customers who are not net metering | 25 |
| customers. The customer will remain responsible for all taxes, | 26 |
| fees, and utility delivery charges that would otherwise be |
|
|
|
09600SB1860sam001 |
- 5 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| applicable to the net amount of electricity used by the | 2 |
| customer. Subsections (c) through (e) of this Section shall not | 3 |
| be construed to prevent an arms-length agreement between an | 4 |
| electricity provider and an eligible customer that sets forth | 5 |
| different prices, terms, and conditions for the provision of | 6 |
| net metering service, including, but not limited to, the | 7 |
| provision of the appropriate metering equipment for | 8 |
| non-residential customers.
| 9 |
| (f) Notwithstanding the requirements of subsections (c) | 10 |
| through (e) of this Section, an electricity provider must | 11 |
| require dual-channel metering for non-residential customers | 12 |
| operating eligible renewable electrical generating facilities | 13 |
| with a nameplate rating over 40 kilowatts and up to 2,000 | 14 |
| kilowatts. In such cases, electricity charges and credits shall | 15 |
| be determined as follows:
| 16 |
| (1) The electricity provider shall assess and the | 17 |
| customer remains responsible for all taxes, fees, and | 18 |
| utility delivery charges that would otherwise be | 19 |
| applicable to the gross amount of kilowatt-hours supplied | 20 |
| to the eligible customer by the electricity provider. | 21 |
| (2) Each month that service is supplied by means of | 22 |
| dual-channel metering, the electricity provider shall | 23 |
| compensate the eligible customer for any excess | 24 |
| kilowatt-hour credits at the electricity provider's | 25 |
| avoided cost of electricity supply over the monthly period | 26 |
| or as otherwise specified by the terms of a power-purchase |
|
|
|
09600SB1860sam001 |
- 6 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| agreement negotiated between the customer and electricity | 2 |
| provider. | 3 |
| (3) For all eligible net metering customers taking | 4 |
| service from an electricity provider under contracts or | 5 |
| tariffs employing time of use rates, any monthly | 6 |
| consumption of electricity shall be calculated according | 7 |
| to the terms of the contract or tariff to which the same | 8 |
| customer would be assigned to or be eligible for if the | 9 |
| customer was not a net metering customer. When those same | 10 |
| customer-generators are net generators during any discrete | 11 |
| time of use period, the net kilowatt-hours produced shall | 12 |
| be valued at the same price per kilowatt-hour as the | 13 |
| electric service provider would charge for retail | 14 |
| kilowatt-hour sales during that same time of use period.
| 15 |
| (g) For purposes of federal and State laws providing | 16 |
| renewable energy credits or greenhouse gas credits, the | 17 |
| eligible customer shall be treated as owning and having title | 18 |
| to the renewable energy attributes, renewable energy credits, | 19 |
| and greenhouse gas emission credits related to any electricity | 20 |
| produced by the qualified generating unit. The electricity | 21 |
| provider may not condition participation in a net metering | 22 |
| program on the signing over of a customer's renewable energy | 23 |
| credits; provided, however, this subsection (g) shall not be | 24 |
| construed to prevent an arms-length agreement between an | 25 |
| electricity provider and an eligible customer that sets forth | 26 |
| the ownership or title of the credits.
|
|
|
|
09600SB1860sam001 |
- 7 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| (h) Within 120 days after the effective date of this
| 2 |
| amendatory Act of the 95th General Assembly, the Commission | 3 |
| shall establish standards for net metering and, if the | 4 |
| Commission has not already acted on its own initiative, | 5 |
| standards for the interconnection of eligible renewable | 6 |
| generating equipment to the utility system. The | 7 |
| interconnection standards shall address any procedural | 8 |
| barriers, delays, and administrative costs associated with the | 9 |
| interconnection of customer-generation while ensuring the | 10 |
| safety and reliability of the units and the electric utility | 11 |
| system. The Commission shall consider the Institute of | 12 |
| Electrical and Electronics Engineers (IEEE) Standard 1547 and | 13 |
| the issues of (i) reasonable and fair fees and costs, (ii) | 14 |
| clear timelines for major milestones in the interconnection | 15 |
| process, (iii) nondiscriminatory terms of agreement, and (iv) | 16 |
| any best practices for interconnection of distributed | 17 |
| generation.
| 18 |
| (i) All electricity providers shall begin to offer net | 19 |
| metering
no later than April 1,
2008.
| 20 |
| (j) An electricity provider shall provide net metering to | 21 |
| eligible
customers until the load of its net metering customers | 22 |
| equals 5% 1% of
the total peak demand supplied by
that | 23 |
| electricity provider during the
previous year. Electricity | 24 |
| providers are authorized to offer net metering beyond
the 5% 1% | 25 |
| level if they so choose. The number of new eligible customers | 26 |
| with generators that have a nameplate rating of 40 kilowatts |
|
|
|
09600SB1860sam001 |
- 8 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| and below will be limited to 200 total new billing accounts for | 2 |
| the utilities (Ameren Companies, ComEd, and MidAmerican) for | 3 |
| the period of April 1, 2008 through March 31, 2009.
| 4 |
| (k) Each electricity provider shall maintain records and | 5 |
| report annually to the Commission the total number of net | 6 |
| metering customers served by the provider, as well as the type, | 7 |
| capacity, and energy sources of the generating systems used by | 8 |
| the net metering customers. Nothing in this Section shall limit | 9 |
| the ability of an electricity provider to request the redaction | 10 |
| of information deemed by the Commission to be confidential | 11 |
| business information. Each electricity provider shall notify | 12 |
| the Commission when the total generating capacity of its net | 13 |
| metering customers is equal to or in excess of the 1% cap | 14 |
| specified in subsection (j) of this Section. | 15 |
| (l) Notwithstanding the definition of "eligible customer" | 16 |
| in item (i) of subsection (b) of this Section, each electricity | 17 |
| provider shall consider whether to allow meter aggregation for | 18 |
| the purposes of net metering on:
| 19 |
| (1) properties owned or leased by multiple customers | 20 |
| that contribute to the operation of an eligible renewable | 21 |
| electrical generating facility, such as a community-owned | 22 |
| wind project or a community methane digester processing | 23 |
| livestock waste from multiple sources; and
| 24 |
| (2) individual units, apartments, or properties owned | 25 |
| or leased by multiple customers and collectively served by | 26 |
| a common eligible renewable electrical generating |
|
|
|
09600SB1860sam001 |
- 9 - |
LRB096 11251 MJR 23610 a |
|
| 1 |
| facility, such as an apartment building served by | 2 |
| photovoltaic panels on the roof.
| 3 |
| For the purposes of this subsection (l), "meter | 4 |
| aggregation" means the combination of reading and billing on a | 5 |
| pro rata basis for the types of eligible customers described in | 6 |
| this Section.
| 7 |
| (m) Nothing in this Section shall affect the right of an | 8 |
| electricity provider to continue to provide, or the right of a | 9 |
| retail customer to continue to receive service pursuant to a | 10 |
| contract for electric service between the electricity provider | 11 |
| and the retail customer in accordance with the prices, terms, | 12 |
| and conditions provided for in that contract. Either the | 13 |
| electricity provider or the customer may require compliance | 14 |
| with the prices, terms, and conditions of the contract.
| 15 |
| (Source: P.A. 95-420, eff. 8-24-07.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
|
|