Full Text of SB3170 97th General Assembly
SB3170ham001 97TH GENERAL ASSEMBLY | Rep. JoAnn D. Osmond Filed: 4/23/2012
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| 1 | | AMENDMENT TO SENATE BILL 3170
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3170 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Power Agency Act is amended by | 5 | | changing Section 1-92 as follows: | 6 | | (20 ILCS 3855/1-92) | 7 | | Sec. 1-92. Aggregation of electrical load by | 8 | | municipalities , townships, and counties. | 9 | | (a) The corporate authorities of a municipality , township | 10 | | board, or county board of a county
may
adopt an ordinance under | 11 | | which it may aggregate in accordance with this
Section | 12 | | residential and small commercial retail electrical loads | 13 | | located, respectively, within the
municipality , the township, | 14 | | or the unincorporated areas of the county and, for that | 15 | | purpose, may solicit bids and enter into service
agreements to | 16 | | facilitate
for those
loads the sale and purchase of electricity |
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| 1 | | and related services and equipment. | 2 | | The corporate authorities , township board, or county
board | 3 | | may also exercise such authority jointly with any other | 4 | | municipality , township, or county.
Two or
more
municipalities , | 5 | | townships, or counties, or a combination of both, may initiate | 6 | | a
process
jointly to authorize aggregation by a majority vote | 7 | | of each particular
municipality , township, or
county as | 8 | | required by this Section. | 9 | | If the corporate authorities , township board, or the county | 10 | | board seek to operate the aggregation program as an opt-out | 11 | | program for residential and small commercial retail customers, | 12 | | then prior to the adoption of an ordinance with respect to | 13 | | aggregation of residential and small commercial retail | 14 | | electric loads, the corporate authorities of a municipality , | 15 | | the township board, or the county board of a county shall | 16 | | submit a referendum to its residents to determine whether or | 17 | | not the aggregation program shall operate as an opt-out program | 18 | | for residential and small commercial retail customers. | 19 | | In addition to the notice and conduct requirements of the | 20 | | general election law, notice of the referendum shall state | 21 | | briefly the purpose of the referendum. The question of whether | 22 | | the corporate authorities , the township board, or the county | 23 | | board shall adopt an opt-out aggregation program for | 24 | | residential and small commercial retail customers shall be | 25 | | submitted to the electors of the municipality , township board, | 26 | | or county board at a regular election and approved by a |
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| 1 | | majority of the electors voting on the question. The corporate | 2 | | authorities , township board, or county board must certify to | 3 | | the proper election authority, which must submit the question | 4 | | at an election in accordance with the Election Code. | 5 | | The election authority must submit the question in | 6 | | substantially the following form: | 7 | | Shall the (municipality , township, or county in which | 8 | | the question is being voted upon) have the authority to | 9 | | arrange for the supply of electricity for its residential | 10 | | and small commercial retail customers who have not opted | 11 | | out of such program? | 12 | | The election authority must record the votes as "Yes" or "No". | 13 | | If a majority of the electors voting on the question vote | 14 | | in the affirmative, then the corporate authorities , township | 15 | | board, or county board may implement an opt-out aggregation | 16 | | program for residential and small commercial retail customers. | 17 | | A referendum must pass in each particular municipality , | 18 | | township, or county that is engaged in the aggregation program. | 19 | | If the referendum fails, then the corporate authorities , | 20 | | township board, or county board shall operate the aggregation | 21 | | program as an opt-in program for residential and small | 22 | | commercial retail customers. | 23 | | An
ordinance under this Section shall specify whether the | 24 | | aggregation will occur
only with
the prior consent of each | 25 | | person owning, occupying, controlling, or using an
electric | 26 | | load
center proposed to be aggregated. Nothing in this Section,
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| 1 | | however,
authorizes the aggregation of electric loads that are | 2 | | served or authorized to be served by an electric cooperative as | 3 | | defined by and pursuant to the Electric Supplier Act or loads | 4 | | served by a municipality that owns and operates its own | 5 | | electric distribution system. No
aggregation shall take
effect | 6 | | unless
approved by a majority of the members of the corporate | 7 | | authority , township board, or county board voting upon the | 8 | | ordinance.
| 9 | | A governmental aggregator under this Section is not a | 10 | | public utility or an
alternative retail electric supplier.
| 11 | | For purposes of this Section, "township" means the portion | 12 | | of a township that is an unincorporated portion of a county | 13 | | that is not otherwise a part of a municipality. In addition to | 14 | | such other limitations as are included in this Section, a | 15 | | township board shall only have authority to aggregate | 16 | | residential and small commercial customer loads in accordance | 17 | | with this Section if the county board of the county in which | 18 | | the township is located (i) is not also submitting a referendum | 19 | | to its residents at the same general election that the township | 20 | | board proposes to submit a referendum under this subsection | 21 | | (a), (ii) has not received authorization through passage of a | 22 | | referendum to operate an opt-out aggregation program for | 23 | | residential and small commercial retail customers under this | 24 | | subsection (a), and (iii) has not otherwise enacted an | 25 | | ordinance under this subsection (a) authorizing the operation | 26 | | of an opt-in aggregation program for residential and small |
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| 1 | | commercial retail customers as described in this Section. | 2 | | (b) Upon the applicable requisite authority under this | 3 | | Section, the corporate
authorities , the township board, or the | 4 | | county board, with assistance from the Illinois Power Agency, | 5 | | shall develop a plan of operation and
governance for the
| 6 | | aggregation program so authorized. Before adopting a plan under | 7 | | this Section,
the
corporate authorities , township board, or | 8 | | county board shall hold at least 2 public hearings on
the plan.
| 9 | | Before the first hearing, the corporate authorities , township | 10 | | board, or county board shall
publish notice of
the hearings | 11 | | once a week for 2 consecutive weeks in a newspaper of general
| 12 | | circulation
in the jurisdiction. The notice shall summarize the | 13 | | plan and state the date,
time, and
location of each hearing.
| 14 | | Any load aggregation plan established pursuant to this Section | 15 | | shall: | 16 | | (1) provide for universal
access to all applicable | 17 | | residential customers and equitable treatment of | 18 | | applicable
residential customers; | 19 | | (2) describe demand management and energy efficiency | 20 | | services to be
provided to each class of customers;
and | 21 | | (3) meet any requirements established by law
| 22 | | concerning aggregated service offered pursuant to this | 23 | | Section. | 24 | | (c) The process for soliciting bids for electricity and | 25 | | other related services and awarding proposed agreements for the | 26 | | purchase of electricity and other related services shall be |
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| 1 | | conducted in the following order: | 2 | | (1) The corporate authorities , township board, or | 3 | | county board may solicit bids for electricity and other | 4 | | related services. | 5 | | (1.5) A township board shall request from the electric | 6 | | utility those residential and small commercial customers | 7 | | within their aggregate area either by zip code or zip codes | 8 | | or other means as determined by the electric utility. The | 9 | | electric utility shall then provide to the township board | 10 | | the residential and small commercial customers, including | 11 | | the names and addresses of residential and small commercial | 12 | | customers, electronically. The township board shall be | 13 | | responsible for authenticating the residential and small | 14 | | commercial customers contained in this listing and | 15 | | providing edits of the data to affirm, add, or delete the | 16 | | residential and small commercial customers located within | 17 | | its jurisdiction. The township board shall provide the | 18 | | edited list to the electric utility in an electronic format | 19 | | or other means selected by the electric utility and certify | 20 | | that the information is accurate. | 21 | | (2) Notwithstanding Section 16-122 of the Public | 22 | | Utilities Act and Section 2HH of the Consumer Fraud and | 23 | | Deceptive Business Practices Act, an electric utility that | 24 | | provides residential and small commercial retail electric | 25 | | service in the aggregate area must, upon request of the | 26 | | corporate authorities , township board, or the county board |
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| 1 | | in the aggregate area, submit to the requesting party, in | 2 | | an electronic format, those account numbers, names, and | 3 | | addresses of residential and small commercial retail | 4 | | customers in the aggregate area that are reflected in the | 5 | | electric utility's records at the time of the request ; | 6 | | provided, however, that any township board has first | 7 | | provided an accurate customer list to the electric utility | 8 | | as provided for herein . | 9 | | Any corporate authority , township board, or county board | 10 | | receiving customer information from an electric utility shall | 11 | | be subject to the limitations on the disclosure of the | 12 | | information described in Section 16-122 of the Public Utilities | 13 | | Act and Section 2HH of the Consumer Fraud and Deceptive | 14 | | Business Practices Act, and an electric utility shall not be | 15 | | held liable for any claims arising out of the provision of | 16 | | information pursuant to this item (2). | 17 | | (d) If the corporate authorities , township board, or county | 18 | | board operate under an opt-in program for residential and small | 19 | | commercial retail customers, then the corporate authorities , | 20 | | township board, or county board shall comply with all of the | 21 | | following: | 22 | | (1) Within 60 days after receiving the bids, the | 23 | | corporate authorities , township board, or county board | 24 | | shall allow residential and small commercial retail | 25 | | customers to commit to the terms and conditions of a bid | 26 | | that has been selected by the corporate authorities , |
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| 1 | | township board, or county board. | 2 | | (2) If (A) the corporate authorities , township board, | 3 | | or county board award proposed agreements for the purchase | 4 | | of electricity and other related services and (B) an | 5 | | agreement is reached between the corporate authorities , | 6 | | township board, or county board for those services, then | 7 | | customers committed to the terms and conditions according | 8 | | to item (1) of this subsection (d) shall be committed to | 9 | | the agreement. | 10 | | (e) If the corporate authorities , township board, or county | 11 | | board operate as an opt-out program for residential and small | 12 | | commercial retail customers, then it shall be the duty of the | 13 | | aggregated entity to fully inform
residential and small | 14 | | commercial retail customers in advance that they have the right | 15 | | to opt out of the aggregation program.
The disclosure shall | 16 | | prominently state all charges to be made and
shall include
full | 17 | | disclosure of the cost to obtain service pursuant to Section | 18 | | 16-103 of the Public Utilities Act, how
to access it,
and the | 19 | | fact that it is available to them without penalty, if they are
| 20 | | currently receiving
service under that Section. The Illinois | 21 | | Power Agency shall furnish, without charge, to
any citizen a
| 22 | | list of all supply options available to them in a format that
| 23 | | allows
comparison of prices and products. | 24 | | The Illinois Power Agency shall provide assistance to | 25 | | municipalities, townships, counties, or associations working | 26 | | with municipalities to help complete the plan and bidding |
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| 1 | | process. | 2 | | This Section does not prohibit municipalities or counties | 3 | | from entering into an intergovernmental agreement to aggregate | 4 | | residential and small commercial retail electric loads.
| 5 | | (Source: P.A. 96-176, eff. 1-1-10; 97-338, eff. 8-12-11.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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