Full Text of HB5071 97th General Assembly
HB5071 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5071 Introduced 2/7/2012, by Rep. Ann Williams SYNOPSIS AS INTRODUCED: |
| 220 ILCS 5/3-105 | from Ch. 111 2/3, par. 3-105 | 220 ILCS 5/16-102 | |
|
Amends the Public Utilities Act. Provides that an entity that owns or operates a facility that furnishes or sells
electricity to the public for the purpose of charging electric vehicles
is not and shall not be deemed a public utility or an alternative retail electric supplier. Provides that if, however, the entity that owns
or operates such a facility is otherwise deemed a public utility or an alternative retail electric supplier under the Act, or is otherwise
subject to regulation under the Act, then that entity is not exempt
from and remains subject to the otherwise applicable provisions of the Act. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB5071 | | LRB097 20038 CEL 65359 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 3-105 and 16-102 as follows:
| 6 | | (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
| 7 | | Sec. 3-105. Public utility. | 8 | | (a) "Public utility" means and includes, except where
| 9 | | otherwise expressly provided in this Section, every | 10 | | corporation, company,
limited liability company, association, | 11 | | joint stock company or association,
firm, partnership or | 12 | | individual, their lessees, trustees, or receivers
appointed by | 13 | | any court whatsoever that owns, controls, operates or manages,
| 14 | | within this State, directly or indirectly, for public use, any | 15 | | plant, equipment
or property used or to be used for or in | 16 | | connection with, or owns or controls
any franchise, license, | 17 | | permit or right to engage in:
| 18 | | (1) the production, storage, transmission, sale, | 19 | | delivery or furnishing of
heat, cold, power, electricity, | 20 | | water, or light, except when used solely for
communications | 21 | | purposes;
| 22 | | (2) the disposal of sewerage; or
| 23 | | (3) the conveyance of oil or gas by pipe line.
|
| | | HB5071 | - 2 - | LRB097 20038 CEL 65359 b |
|
| 1 | | (b) "Public utility" does not include, however:
| 2 | | (1) public utilities that are owned and operated by any | 3 | | political
subdivision, public institution of higher | 4 | | education or municipal
corporation of this State, or public | 5 | | utilities that are owned by such
political subdivision, | 6 | | public institution of higher education, or
municipal | 7 | | corporation and operated by any of its lessees or operating | 8 | | agents;
| 9 | | (2) water companies which are purely mutual concerns, | 10 | | having no rates
or charges for services, but paying the | 11 | | operating expenses by assessment
upon the members of such a | 12 | | company and no other person;
| 13 | | (3) electric cooperatives as defined in Section 3-119;
| 14 | | (4) the following natural gas cooperatives:
| 15 | | (A) residential natural gas cooperatives that are | 16 | | not-for-profit
corporations
established for the | 17 | | purpose of administering and operating, on
a | 18 | | cooperative basis, the furnishing of natural gas to | 19 | | residences for the
benefit of their members
who are | 20 | | residential consumers of natural gas. For
entities | 21 | | qualifying as residential
natural gas cooperatives and | 22 | | recognized
by the Illinois Commerce Commission as | 23 | | such, the State shall guarantee
legally binding | 24 | | contracts entered into by residential
natural gas
| 25 | | cooperatives for the express purpose of acquiring | 26 | | natural gas supplies for
their members. The Illinois |
| | | HB5071 | - 3 - | LRB097 20038 CEL 65359 b |
|
| 1 | | Commerce Commission shall establish rules and
| 2 | | regulations providing for such guarantees. The total | 3 | | liability of the
State in providing all such guarantees | 4 | | shall not at any time exceed
$1,000,000, nor shall the | 5 | | State provide such a guarantee to a residential
natural | 6 | | gas cooperative for more than 3 consecutive years; and
| 7 | | (B) natural gas cooperatives that are | 8 | | not-for-profit corporations operated for the purpose | 9 | | of administering, on a cooperative basis, the | 10 | | furnishing of natural gas for the benefit of their | 11 | | members and that, prior to 90 days after the effective | 12 | | date of this amendatory Act of the 94th General | 13 | | Assembly, either had acquired or had entered into an | 14 | | asset purchase agreement to acquire all or | 15 | | substantially all of the operating assets of a public | 16 | | utility or natural gas cooperative with the intention | 17 | | of operating those assets as a natural gas cooperative;
| 18 | | (5) sewage disposal companies which provide sewage | 19 | | disposal services
on a mutual basis without establishing | 20 | | rates or charges for services,
but paying the operating | 21 | | expenses by assessment upon the members of the
company and | 22 | | no others;
| 23 | | (6) (Blank);
| 24 | | (7) cogeneration facilities, small power production | 25 | | facilities, and other
qualifying facilities, as defined in | 26 | | the Public Utility Regulatory Policies Act
and regulations |
| | | HB5071 | - 4 - | LRB097 20038 CEL 65359 b |
|
| 1 | | promulgated thereunder, except to the extent State | 2 | | regulatory
jurisdiction and action is required or | 3 | | authorized by federal law, regulations,
regulatory | 4 | | decisions or the decisions of federal or State courts of | 5 | | competent
jurisdiction;
| 6 | | (8) the ownership or operation of a facility that sells | 7 | | compressed
natural gas at retail to the public for use only | 8 | | as a motor vehicle fuel
and the selling of compressed | 9 | | natural gas at retail to the public for use
only as a motor | 10 | | vehicle fuel;
| 11 | | (9) alternative retail electric suppliers as defined | 12 | | in Article XVI; and
| 13 | | (10) the Illinois Power Agency.
| 14 | | (c) An entity that owns or operates a facility that | 15 | | furnishes or sells
electricity to the public for the purpose of | 16 | | charging electric vehicles
is not and shall not be deemed a | 17 | | public utility, and is not subject to
regulation as such under | 18 | | this Act. If, however, the entity that owns
or operates such a | 19 | | facility is otherwise deemed a public utility under this Act, | 20 | | or is otherwise
subject to regulation under this Act, then that | 21 | | entity is not exempt
from and remains subject to the otherwise | 22 | | applicable provisions of this Act. | 23 | | For purposes of this subsection, the term "electric | 24 | | vehicles" has the
meaning ascribed to that term in Section 10 | 25 | | of the Electric Vehicle
Act. | 26 | | (Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)
|
| | | HB5071 | - 5 - | LRB097 20038 CEL 65359 b |
|
| 1 | | (220 ILCS 5/16-102)
| 2 | | Sec. 16-102. Definitions. For the purposes of this
Article | 3 | | the following terms shall be defined as set forth in
this | 4 | | Section.
| 5 | | "Alternative retail electric supplier" means every
person, | 6 | | cooperative, corporation, municipal corporation,
company, | 7 | | association, joint stock company or association,
firm, | 8 | | partnership, individual, or other entity, their lessees,
| 9 | | trustees, or receivers appointed by any court whatsoever, that
| 10 | | offers electric power or energy for sale, lease or in exchange
| 11 | | for other value received to one or more retail customers, or
| 12 | | that engages in the delivery or furnishing of electric power
or | 13 | | energy to such retail customers, and shall include, without
| 14 | | limitation, resellers, aggregators and power marketers, but
| 15 | | shall not include (i) electric utilities (or any agent of the
| 16 | | electric utility to the extent the electric utility provides
| 17 | | tariffed services to retail customers through that agent),
(ii) | 18 | | any electric cooperative or municipal system as defined
in | 19 | | Section 17-100 to the extent that the electric cooperative
or | 20 | | municipal system is serving retail customers within any
area in | 21 | | which it is or would be entitled to provide service
under the | 22 | | law in effect immediately prior to the effective
date of this | 23 | | amendatory Act of 1997, (iii) a public utility
that is owned | 24 | | and operated by any public institution of higher
education of | 25 | | this State, or a public utility that is owned by
such public |
| | | HB5071 | - 6 - | LRB097 20038 CEL 65359 b |
|
| 1 | | institution of higher education and operated by
any of its | 2 | | lessees or operating agents, within any area in
which it is or | 3 | | would be entitled to provide service under the
law in effect | 4 | | immediately prior to the effective date of this
amendatory Act | 5 | | of 1997, (iv) a retail customer to the extent
that customer | 6 | | obtains its electric power and energy from that customer's
own | 7 | | cogeneration or self-generation facilities, (v) an
entity that | 8 | | owns, operates, sells, or arranges for the installation of
a | 9 | | customer's own cogeneration or self-generation facilities, but | 10 | | only to
the extent the entity is engaged in
owning,
selling or | 11 | | arranging for the installation of such facility,
or operating | 12 | | the facility
on behalf of such customer, provided however that | 13 | | any such
third party owner or operator of a facility built | 14 | | after
January 1, 1999, complies with the labor provisions of | 15 | | Section 16-128(a) as
though
such third party were an | 16 | | alternative retail
electric supplier,
or (vi) an industrial or
| 17 | | manufacturing customer that owns
its own
distribution | 18 | | facilities, to the extent that the customer provides service | 19 | | from
that distribution system to a third-party contractor | 20 | | located on the customer's
premises that is integrally and | 21 | | predominantly engaged in the customer's
industrial or
| 22 | | manufacturing process; provided, that if the industrial or | 23 | | manufacturing
customer has elected delivery services, the | 24 | | customer shall pay transition
charges applicable to the | 25 | | electric power and energy consumed by the third-party
| 26 | | contractor unless such charges are otherwise paid by the third |
| | | HB5071 | - 7 - | LRB097 20038 CEL 65359 b |
|
| 1 | | party
contractor, which shall be calculated based on the usage | 2 | | of, and the base rates
or the contract rates applicable to, the | 3 | | third-party contractor in accordance
with Section 16-102.
| 4 | | An entity that owns or operates a facility that furnishes | 5 | | or sells electricity to the public for the purpose of charging | 6 | | electric vehicles is not and shall not be deemed an alternative | 7 | | retail electric supplier, and is not subject to regulation as | 8 | | such under this Act. If, however, the entity that owns or | 9 | | operates such a facility is otherwise deemed an alternative | 10 | | retail electric supplier under this Act, or is otherwise | 11 | | subject to regulation under this Act, then that entity is not | 12 | | exempt from and remains subject to the otherwise applicable | 13 | | provisions of this Act. | 14 | | For purposes of this Section, the term "electric vehicles" | 15 | | has the
meaning ascribed to that term in Section 10 of the | 16 | | Electric Vehicle
Act. | 17 | | "Base rates" means the rates for those tariffed services | 18 | | that the electric
utility is required to offer pursuant to | 19 | | subsection (a) of Section 16-103 and
that were identified in a | 20 | | rate order for collection of the electric
utility's base rate | 21 | | revenue requirement, excluding (i) separate automatic
rate | 22 | | adjustment riders then in effect, (ii) special or negotiated | 23 | | contract
rates, (iii) delivery services tariffs filed pursuant | 24 | | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | 25 | | were in effect prior to October 1, 1996
and that based charges | 26 | | for services on an index or average of other utilities'
|
| | | HB5071 | - 8 - | LRB097 20038 CEL 65359 b |
|
| 1 | | charges, but including (vi) any subsequent redesign of such | 2 | | rates for
tariffed
services that is authorized by the | 3 | | Commission after notice and hearing.
| 4 | | "Competitive service" includes (i) any service that
has | 5 | | been declared to be competitive pursuant to Section
16-113 of | 6 | | this Act, (ii) contract service, and (iii) services,
other than | 7 | | tariffed services, that are related to, but not
necessary for, | 8 | | the provision of electric power and energy or delivery | 9 | | services.
| 10 | | "Contract service" means (1) services, including the
| 11 | | provision of electric power and energy or other services, that
| 12 | | are provided by mutual agreement between an electric utility
| 13 | | and a retail customer that is located in the electric
utility's | 14 | | service area, provided that, delivery services shall
not be a | 15 | | contract service until such services are declared
competitive | 16 | | pursuant to Section 16-113; and also means (2) the
provision of | 17 | | electric power and energy by an electric utility
to retail | 18 | | customers outside the electric utility's service
area pursuant | 19 | | to Section 16-116. Provided, however, contract
service does not | 20 | | include electric utility services provided
pursuant to (i) | 21 | | contracts that retail customers are required
to execute as a | 22 | | condition of receiving tariffed services, or
(ii) special or | 23 | | negotiated rate contracts for electric utility
services that | 24 | | were entered into between an electric utility
and a retail | 25 | | customer prior to the effective date of this
amendatory Act of | 26 | | 1997 and filed with the Commission.
|
| | | HB5071 | - 9 - | LRB097 20038 CEL 65359 b |
|
| 1 | | "Delivery services" means those services provided by the
| 2 | | electric utility that are necessary in order for the
| 3 | | transmission and distribution systems to function so that
| 4 | | retail customers located in the electric utility's service
area | 5 | | can receive electric power and energy from suppliers
other than | 6 | | the electric utility, and shall include, without
limitation, | 7 | | standard metering and billing services.
| 8 | | "Electric utility" means a public utility, as defined in
| 9 | | Section 3-105 of this Act, that has a franchise, license,
| 10 | | permit or right to furnish or sell electricity to retail
| 11 | | customers within a service area.
| 12 | | "Mandatory transition period" means the period from the
| 13 | | effective date of this amendatory Act of 1997 through January
| 14 | | 1, 2007.
| 15 | | "Municipal system" shall have the meaning set forth in
| 16 | | Section 17-100.
| 17 | | "Real-time pricing" means tariffed retail charges for | 18 | | delivered electric
power and energy that vary
hour-to-hour and | 19 | | are determined from wholesale market prices using a methodology | 20 | | approved by the Illinois Commerce Commission.
| 21 | | "Retail customer" means a single entity using electric
| 22 | | power or energy at a single premises and that (A) either (i)
is | 23 | | receiving or is eligible to receive tariffed services from
an | 24 | | electric utility, or (ii) that is served by a municipal system | 25 | | or electric
cooperative within any area in which the
municipal | 26 | | system or electric cooperative is or would be
entitled to |
| | | HB5071 | - 10 - | LRB097 20038 CEL 65359 b |
|
| 1 | | provide service under the law in effect
immediately prior to | 2 | | the effective date of this amendatory Act
of 1997, or (B) an | 3 | | entity which on the effective date of this
Act was receiving | 4 | | electric service from a public utility and
(i) was engaged in | 5 | | the practice of resale and redistribution
of such electricity | 6 | | within a building prior to January 2,
1957, or (ii) was | 7 | | providing lighting services to tenants in a
multi-occupancy | 8 | | building, but only to the extent such resale,
redistribution or | 9 | | lighting service is authorized by the
electric utility's | 10 | | tariffs that were on file with the
Commission on the effective | 11 | | date of this Act.
| 12 | | "Service area" means (i) the geographic area within which
| 13 | | an electric utility was lawfully entitled to provide electric
| 14 | | power and energy to retail customers as of the effective date
| 15 | | of this amendatory Act of 1997, and includes (ii) the location
| 16 | | of any retail customer to which the electric utility was
| 17 | | lawfully providing electric utility services on such effective
| 18 | | date.
| 19 | | "Small commercial retail customer" means those
| 20 | | nonresidential retail customers of an electric utility
| 21 | | consuming 15,000 kilowatt-hours or less of electricity
| 22 | | annually in its service area.
| 23 | | "Tariffed service" means services provided to retail
| 24 | | customers by an electric utility as defined by its rates on
| 25 | | file with the Commission pursuant to the provisions of Article
| 26 | | IX of this Act, but shall not include competitive services.
|
| | | HB5071 | - 11 - | LRB097 20038 CEL 65359 b |
|
| 1 | | "Transition charge" means a charge expressed in cents
per | 2 | | kilowatt-hour that is calculated for a customer or class
of | 3 | | customers as follows for each year in which an electric
utility | 4 | | is entitled to recover transition charges as provided
in | 5 | | Section 16-108:
| 6 | | (1) the amount of revenue that an electric utility
| 7 | | would receive from the retail customer or customers if it
| 8 | | were serving such customers' electric power and energy
| 9 | | requirements as a tariffed service based on (A) all of
the | 10 | | customers' actual usage during the 3 years
ending 90 days | 11 | | prior to the date on which such customers
were first | 12 | | eligible for delivery services pursuant to
Section 16-104, | 13 | | and (B) on (i) the base rates in effect
on October 1, 1996 | 14 | | (adjusted for the reductions required
by subsection (b) of | 15 | | Section 16-111, for any reduction resulting from a rate
| 16 | | decrease under Section 16-101(b), for any restatement of | 17 | | base rates made in
conjunction with an elimination
of the | 18 | | fuel adjustment clause pursuant to subsection (b), (d), or | 19 | | (f) of
Section
9-220
and for any removal of decommissioning | 20 | | costs from base
rates pursuant to Section 16-114)
and any | 21 | | separate automatic rate adjustment riders (other
than a | 22 | | decommissioning rate as defined in Section 16-114)
under | 23 | | which the customers were receiving or, had they
been | 24 | | customers, would have received electric power and
energy | 25 | | from the electric utility during the year
immediately | 26 | | preceding the date on which such customers
were first |
| | | HB5071 | - 12 - | LRB097 20038 CEL 65359 b |
|
| 1 | | eligible for delivery service pursuant to
Section 16-104, | 2 | | or (ii) to the extent applicable, any
contract rates, | 3 | | including contracts or rates for consolidated or
| 4 | | aggregated billing, under which such customers were
| 5 | | receiving electric power and energy from the electric
| 6 | | utility during such year;
| 7 | | (2) less the amount of revenue, other than revenue
from | 8 | | transition charges and decommissioning rates, that the | 9 | | electric utility
would
receive from such retail customers | 10 | | for delivery services
provided by the electric utility, | 11 | | assuming such customers
were taking delivery services for | 12 | | all of their usage,
based on the delivery services tariffs | 13 | | in effect during
the year for which the transition charge | 14 | | is being
calculated and on the usage identified in | 15 | | paragraph (1);
| 16 | | (3) less the market value for the electric power
and | 17 | | energy that the electric utility would have used to
supply | 18 | | all of such customers' electric power and energy
| 19 | | requirements, as a tariffed service, based on the usage
| 20 | | identified in paragraph (1), with such market value
| 21 | | determined in accordance with Section 16-112 of this Act;
| 22 | | (4) less the following amount which represents the
| 23 | | amount to be attributed to new revenue sources and cost
| 24 | | reductions by the electric utility through the end of the
| 25 | | period for which transition costs are recovered pursuant
to | 26 | | Section 16-108, referred to in this Article XVI as a |
| | | HB5071 | - 13 - | LRB097 20038 CEL 65359 b |
|
| 1 | | "mitigation factor":
| 2 | | (A) for nonresidential retail customers, an amount | 3 | | equal to the greater
of (i) 0.5 cents per kilowatt-hour | 4 | | during the period October 1, 1999
through December 31, | 5 | | 2004, 0.6 cents per kilowatt-hour in calendar year | 6 | | 2005,
and 0.9 cents per kilowatt-hour in calendar year | 7 | | 2006, multiplied in
each year by the usage identified | 8 | | in paragraph (1), or (ii) an amount equal to
the | 9 | | following percentages of the amount produced by | 10 | | applying the applicable
base rates (adjusted as | 11 | | described in subparagraph (1)(B)) or contract rate to
| 12 | | the usage identified in paragraph (1): 8% for the | 13 | | period October 1, 1999
through December 31, 2002, 10% | 14 | | in calendar years 2003 and 2004, 11% in calendar
year | 15 | | 2005 and 12% in calendar year 2006;
and
| 16 | | (B) for residential retail customers, an amount
| 17 | | equal to the following percentages of the amount | 18 | | produced by applying the
base rates in effect on | 19 | | October 1, 1996 (adjusted as
described in subparagraph | 20 | | (1)(B)) to the usage
identified in paragraph (1): (i) | 21 | | 6% from May 1, 2002 through December 31,
2002, (ii) 7% | 22 | | in calendar years 2003 and 2004, (iii) 8% in calendar | 23 | | year
2005, and (iv) 10% in calendar year 2006;
| 24 | | (5) divided by the usage of such customers
identified | 25 | | in paragraph (1),
| 26 | | provided that the transition charge shall never be less than
|
| | | HB5071 | - 14 - | LRB097 20038 CEL 65359 b |
|
| 1 | | zero.
| 2 | | "Unbundled service" means a component or constituent part
| 3 | | of a tariffed service which the electric utility subsequently
| 4 | | offers separately to its customers.
| 5 | | (Source: P.A. 94-977, eff. 6-30-06.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|