Sen. Don Harmon

Filed: 3/23/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3811 as follows:
3on page 1, by replacing line 5 with "Sections 16-107.5 and
416-111.5B as follows:"; and
5on page 12, immediately below line 22, by inserting the
7    "(220 ILCS 5/16-111.5B)
8    Sec. 16-111.5B. Provisions relating to energy efficiency
10    (a) Beginning in 2012, procurement plans prepared pursuant
11to Section 16-111.5 of this Act shall be subject to the
12following additional requirements:
13        (1) The analysis included pursuant to paragraph (2) of
14    subsection (b) of Section 16-111.5 shall also include the
15    impact of energy efficiency building codes or appliance



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1    standards, both current and projected.
2        (2) The procurement plan components described in
3    subsection (b) of Section 16-111.5 shall also include an
4    assessment of opportunities to expand the programs
5    promoting energy efficiency measures that have been
6    offered under plans approved pursuant to Section 8-103 of
7    this Act or to implement additional cost-effective energy
8    efficiency programs or measures.
9        (3) In addition to the information provided pursuant to
10    paragraph (1) of subsection (d) of Section 16-111.5 of this
11    Act, each Illinois utility procuring power pursuant to that
12    Section shall annually provide to the Illinois Power Agency
13    by July 15 of each year, or such other date as may be
14    required by the Commission or Agency, an assessment of
15    cost-effective energy efficiency programs or measures that
16    could be included in the procurement plan. The assessment
17    shall include the following:
18            (A) A comprehensive energy efficiency potential
19        study for the utility's service territory that was
20        completed within the past 3 years.
21            (B) Beginning in 2014, the most recent analysis
22        submitted pursuant to Section 8-103A of this Act and
23        approved by the Commission under subsection (f) of
24        Section 8-103 of this Act.
25            (C) Identification of new or expanded
26        cost-effective energy efficiency programs or measures



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1        that are incremental to those included in energy
2        efficiency and demand-response plans approved by the
3        Commission pursuant to Section 8-103 of this Act and
4        that would be offered to all retail customers whose
5        electric service has not been declared competitive
6        under Section 16-113 of this Act and who are eligible
7        to purchase power and energy from the utility under
8        fixed-price bundled service tariffs, regardless of
9        whether such customers actually do purchase such power
10        and energy from the utility eligible retail customers.
11            (D) Analysis showing that the new or expanded
12        cost-effective energy efficiency programs or measures
13        would lead to a reduction in the overall cost of
14        electric service.
15            (E) Analysis of how the cost of procuring
16        additional cost-effective energy efficiency measures
17        compares over the life of the measures to the
18        prevailing cost of comparable supply.
19            (F) An energy savings goal, expressed in
20        megawatt-hours, for the year in which the measures will
21        be implemented.
22            (G) For each expanded or new program, the estimated
23        amount that the program may reduce the agency's need to
24        procure supply.
25        In preparing such assessments, a utility shall conduct
26    an annual solicitation process for purposes of requesting



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1    proposals from third-party vendors, the results of which
2    shall be provided to the Agency as part of the assessment,
3    including documentation of all bids received. The utility
4    shall develop requests for proposals consistent with the
5    manner in which it develops requests for proposals under
6    plans approved pursuant to Section 8-103 of this Act, which
7    considers input from the Agency and interested
8    stakeholders.
9        (4) The Illinois Power Agency shall include in the
10    procurement plan prepared pursuant to paragraph (2) of
11    subsection (d) of Section 16-111.5 of this Act energy
12    efficiency programs and measures it determines are
13    cost-effective and the associated annual energy savings
14    goal included in the annual solicitation process and
15    assessment submitted pursuant to paragraph (3) of this
16    subsection (a).
17        (5) Pursuant to paragraph (4) of subsection (d) of
18    Section 16-111.5 of this Act, the Commission shall also
19    approve the energy efficiency programs and measures
20    included in the procurement plan, including the annual
21    energy savings goal, if the Commission determines they
22    fully capture the potential for all achievable
23    cost-effective savings, to the extent practicable, and
24    otherwise satisfy the requirements of Section 8-103 of this
25    Act.
26        In the event the Commission approves the procurement of



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1    additional energy efficiency, it shall reduce the amount of
2    power to be procured under the procurement plan to reflect
3    the additional energy efficiency and shall direct the
4    utility to undertake the procurement of such energy
5    efficiency, which shall not be subject to the requirements
6    of subsection (e) of Section 16-111.5 of this Act. The
7    utility shall consider input from the Agency and interested
8    stakeholders on the procurement and administration
9    process.
10        (6) An electric utility shall recover its costs
11    incurred under this Section related to the implementation
12    of energy efficiency programs and measures approved by the
13    Commission in its order approving the procurement plan
14    under Section 16-111.5 of this Act, including, but not
15    limited to, all costs associated with complying with this
16    Section and all start-up and administrative costs and the
17    costs for any evaluation, measurement, and verification of
18    the measures, from all retail customers whose electric
19    service has not been declared competitive under Section
20    16-113 of this Act and who are eligible to purchase power
21    and energy from the utility under fixed-price bundled
22    service tariffs, regardless of whether such customers
23    actually do purchase such power and energy from the utility
24    eligible retail customers through the automatic adjustment
25    clause tariff established pursuant to Section 8-103 of this
26    Act, provided, however, that the limitations described in



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1    subsection (d) of that Section shall not apply to the costs
2    incurred pursuant to this Section or Section 16-111.7 of
3    this Act.
4    (b) For purposes of this Section, the term "energy
5efficiency" shall have the meaning set forth in Section 1-10 of
6the Illinois Power Agency Act, and the term "cost-effective"
7shall have the meaning set forth in subsection (a) of Section
88-103 of this Act. In addition, the estimated costs to acquire
9an additional energy efficiency measure, when divided by the
10number of kilowatt-hours expected to be saved over the life of
11the measure, shall be less than or equal to the electricity
12costs that would be avoided as a result of the energy
13efficiency measure.
14(Source: P.A. 97-616, eff. 10-26-11.)".