Full Text of SB2350 98th General Assembly
SB2350eng 98TH GENERAL ASSEMBLY |
| | SB2350 Engrossed | | LRB098 10156 CEL 40315 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 16-111.7 and 19-140 as follows: | 6 | | (220 ILCS 5/16-111.7)
| 7 | | Sec. 16-111.7. On-bill financing program; electric | 8 | | utilities. | 9 | | (a) The Illinois General Assembly finds that Illinois homes | 10 | | and businesses have the potential to save energy through | 11 | | conservation and cost-effective energy efficiency measures. | 12 | | Programs created pursuant to this Section will allow utility | 13 | | customers to purchase cost-effective energy efficiency | 14 | | measures, including measures set forth in a | 15 | | Commission-approved energy efficiency and demand-response plan | 16 | | under Section 8-103 of this Act and that are cost-effective as | 17 | | that term is defined by that Section , with no required initial | 18 | | upfront payment, and to pay the cost of those products and | 19 | | services over time on their utility bill. | 20 | | (b) Notwithstanding any other provision of this Act, an | 21 | | electric utility serving more than 100,000 customers on January | 22 | | 1, 2009 shall offer a Commission-approved on-bill financing | 23 | | program ("program") that allows its eligible retail customers, |
| | | SB2350 Engrossed | - 2 - | LRB098 10156 CEL 40315 b |
|
| 1 | | as that term is defined in Section 16-111.5 of this Act, who | 2 | | own a residential single family home, duplex, or other | 3 | | residential building with 4 or less units, or condominium at | 4 | | which the electric service is being provided (i) to borrow | 5 | | funds from a third party lender in order to purchase electric | 6 | | energy efficiency measures approved under the program for | 7 | | installation in such home or condominium without any required | 8 | | upfront payment and (ii) to pay back such funds over time | 9 | | through the electric utility's bill. Based upon the process | 10 | | described in subsection (b-5) of this Section, small commercial | 11 | | retail customers , as that term is defined in Section 16-102 of | 12 | | this Act, who own the premises at which electric service is | 13 | | being provided may be included in such program. After receiving | 14 | | a request from an electric utility for approval of a proposed | 15 | | program and tariffs pursuant to this Section, the Commission | 16 | | shall render its decision within 120 days. If no decision is | 17 | | rendered within 120 days, then the request shall be deemed to | 18 | | be approved. | 19 | | Beginning no later than December 31, 2013, an electric | 20 | | utility subject to this subsection (b) shall also offer its | 21 | | program to eligible retail customers that own multifamily | 22 | | residential or mixed-use buildings with no more than 50 | 23 | | residential units, provided, however, that such customers must | 24 | | either be a residential customer or small commercial customer | 25 | | and may not use the program in such a way that repayment of the | 26 | | cost of energy efficiency measures is made through tenants' |
| | | SB2350 Engrossed | - 3 - | LRB098 10156 CEL 40315 b |
|
| 1 | | utility bills. An electric utility may impose a per site loan | 2 | | limit not to exceed $100,000. The program, and loans issued | 3 | | thereunder, shall only be offered to customers of the utility | 4 | | that meet the requirements of this Section and that also have | 5 | | an electric service account at the premises where the energy | 6 | | efficiency measures being financed shall be installed. | 7 | | For purposes of this Section, "small commercial customer" | 8 | | means, for an electric utility serving more than 3,000,000 | 9 | | retail customers, those customers having peak demand of less | 10 | | than 100 kilowatts, and, for an electric utility serving less | 11 | | than 3,000,000 retail customers, those customers having peak | 12 | | demand of less than 150 kilowatts. | 13 | | (b-5) Within 30 days after the effective date of this | 14 | | amendatory Act of the 96th General Assembly, the Commission | 15 | | shall convene a workshop process during which interested | 16 | | participants may discuss issues related to the program, | 17 | | including program design, eligible electric energy efficiency | 18 | | measures, vendor qualifications, and a methodology for | 19 | | ensuring ongoing compliance with such qualifications, | 20 | | financing, sample documents such as request for proposals, | 21 | | contracts and agreements, dispute resolution, pre-installment | 22 | | and post-installment verification, and evaluation. The | 23 | | workshop process shall be completed within 150 days after the | 24 | | effective date of this amendatory Act of the 96th General | 25 | | Assembly. | 26 | | (c) Not later than 60 days following completion of the |
| | | SB2350 Engrossed | - 4 - | LRB098 10156 CEL 40315 b |
|
| 1 | | workshop process described in subsection (b-5) of this Section, | 2 | | each electric utility subject to subsection (b) of this Section | 3 | | shall submit a proposed program to the Commission that contains | 4 | | the following components: | 5 | | (1) A list of recommended electric energy efficiency | 6 | | measures that will be eligible for on-bill financing. An | 7 | | eligible electric energy efficiency measure ("measure") | 8 | | shall be a product or service for which one or more of the | 9 | | following is true defined by the following : | 10 | | (A) (blank); the measure would be applied to or | 11 | | replace electric energy-using equipment; and either | 12 | | (B) the projected application of the measure to | 13 | | equipment and systems will have estimated electricity | 14 | | savings (determined by rates in effect at the time of | 15 | | purchase) , that are sufficient to cover the costs of | 16 | | implementing the measures, including finance charges | 17 | | and any program fees not recovered pursuant to | 18 | | subsection (f) of this Section ; to assist the electric | 19 | | utility in identifying or approving measures, the | 20 | | utility may consult with the Department of Commerce and | 21 | | Economic Opportunity, as well as with retailers, | 22 | | technicians, and installers of electric energy | 23 | | efficiency measures and energy auditors (collectively | 24 | | "vendors") ; or | 25 | | (C) the product or service measure is included in a | 26 | | Commission-approved energy efficiency and |
| | | SB2350 Engrossed | - 5 - | LRB098 10156 CEL 40315 b |
|
| 1 | | demand-response plan under Section 8-103 of this Act | 2 | | and is cost-effective as that term is defined by that | 3 | | Section . | 4 | | (2) The electric utility shall issue a request for | 5 | | proposals ("RFP") to lenders for purposes of providing | 6 | | financing to participants to pay for approved measures. The | 7 | | RFP criteria shall include, but not be limited to, the | 8 | | interest rate, origination fees, and credit terms. The | 9 | | utility shall select the winning bidders based on its | 10 | | evaluation of these criteria, with a preference for those | 11 | | bids containing the rates, fees, and terms most favorable | 12 | | to participants; | 13 | | (3) The utility shall work with the lenders selected | 14 | | pursuant to the RFP process, and with vendors, to establish | 15 | | the terms and processes pursuant to which a participant can | 16 | | purchase eligible electric energy efficiency measures | 17 | | using the financing obtained from the lender. The vendor | 18 | | shall explain and offer the approved financing packaging to | 19 | | those customers identified in subsection (b) of this | 20 | | Section and shall assist customers in applying for | 21 | | financing. As part of the process, vendors shall also | 22 | | provide to participants information about any other | 23 | | incentives that may be available for the measures. | 24 | | (4) The lender shall conduct credit checks or undertake | 25 | | other appropriate measures to limit credit risk, and shall | 26 | | review and approve or deny financing applications |
| | | SB2350 Engrossed | - 6 - | LRB098 10156 CEL 40315 b |
|
| 1 | | submitted by customers identified in subsection (b) of this | 2 | | Section. Following the lender's approval of financing and | 3 | | the participant's purchase of the measure or measures, the | 4 | | lender shall forward payment information to the electric | 5 | | utility, and the utility shall add as a separate line item | 6 | | on the participant's utility bill a charge showing the | 7 | | amount due under the program each month. | 8 | | (5) A loan issued to a participant pursuant to the | 9 | | program shall be the sole responsibility of the | 10 | | participant, and any dispute that may arise concerning the | 11 | | loan's terms, conditions, or charges shall be resolved | 12 | | between the participant and lender. Upon transfer of the | 13 | | property title for the premises at which the participant | 14 | | receives electric service from the utility or the | 15 | | participant's request to terminate service at such | 16 | | premises, the participant shall pay in full its electric | 17 | | utility bill, including all amounts due under the program, | 18 | | provided that this obligation may be modified as provided | 19 | | in subsection (g) of this Section. Amounts due under the | 20 | | program shall be deemed amounts owed for residential and, | 21 | | as appropriate, small commercial electric service. | 22 | | (6) The electric utility shall remit payment in full to | 23 | | the lender each month on behalf of the participant. In the | 24 | | event a participant defaults on payment of its electric | 25 | | utility bill, the electric utility shall continue to remit | 26 | | all payments due under the program to the lender, and the |
| | | SB2350 Engrossed | - 7 - | LRB098 10156 CEL 40315 b |
|
| 1 | | utility shall be entitled to recover all costs related to a | 2 | | participant's nonpayment through the automatic adjustment | 3 | | clause tariff established pursuant to Section 16-111.8 of | 4 | | this Act. In addition, the electric utility shall retain a | 5 | | security interest in the measure or measures purchased | 6 | | under the program, and the utility retains its right to | 7 | | disconnect a participant that defaults on the payment of | 8 | | its utility bill. | 9 | | (7) The total outstanding amount financed under the | 10 | | programs in this subsection and subsection (c-5) of this | 11 | | Section program shall not exceed $2.5 million for an | 12 | | electric utility or electric utilities under a single | 13 | | holding company, provided that the electric utility or | 14 | | electric utilities may petition the Commission for an | 15 | | increase in such amount. | 16 | | (c-5) Within 120 days after the effective date of this | 17 | | amendatory Act of the 98th General Assembly, each electric | 18 | | utility subject to the requirements of this Section shall | 19 | | submit an informational filing to the Commission that describes | 20 | | its plan for implementing the provisions of this amendatory Act | 21 | | of the 98th General Assembly on or before December 31, 2013. | 22 | | Such filing shall also describe how the electric utility shall | 23 | | coordinate its program with any gas utility or utilities that | 24 | | provide gas service to buildings within the electric utility's | 25 | | service territory so that it is practical and feasible for the | 26 | | owner of a multifamily building to make a single application to |
| | | SB2350 Engrossed | - 8 - | LRB098 10156 CEL 40315 b |
|
| 1 | | access loans for both gas and electric energy efficiency | 2 | | measures in any individual building. | 3 | | (d) A program approved by the Commission shall also include | 4 | | the following criteria and guidelines for such program: | 5 | | (1) guidelines for financing of measures installed | 6 | | under a program, including, but not limited to, RFP | 7 | | criteria and limits on both individual loan amounts and the | 8 | | duration of the loans; | 9 | | (2) criteria and standards for identifying and | 10 | | approving measures; | 11 | | (3) qualifications of vendors that will market or | 12 | | install measures, as well as a methodology for ensuring | 13 | | ongoing compliance with such qualifications; | 14 | | (4) sample contracts and agreements necessary to | 15 | | implement the measures and program; and | 16 | | (5) the types of data and information that utilities | 17 | | and vendors participating in the program shall collect for | 18 | | purposes of preparing the reports required under | 19 | | subsection (g) of this Section. | 20 | | (e) The proposed program submitted by each electric utility | 21 | | shall be consistent with the provisions of this Section that | 22 | | define operational, financial and billing arrangements between | 23 | | and among program participants, vendors, lenders, and the | 24 | | electric utility. | 25 | | (f) An electric utility shall recover all of the prudently | 26 | | incurred costs of offering a program approved by the Commission |
| | | SB2350 Engrossed | - 9 - | LRB098 10156 CEL 40315 b |
|
| 1 | | pursuant to this Section, including, but not limited to, all | 2 | | start-up and administrative costs and the costs for program | 3 | | evaluation. All prudently incurred costs under this Section | 4 | | shall be recovered from the residential and small commercial | 5 | | retail customer classes eligible to participate in the program | 6 | | through the automatic adjustment clause tariff established | 7 | | pursuant to Section 8-103 of this Act. | 8 | | (g) An independent evaluation of a program shall be | 9 | | conducted after 3 years of the program's operation. The | 10 | | electric utility shall retain an independent evaluator who | 11 | | shall evaluate the effects of the measures installed under the | 12 | | program and the overall operation of the program, including , | 13 | | but not limited to , customer eligibility criteria and whether | 14 | | the payment obligation for permanent electric energy | 15 | | efficiency measures that will continue to provide benefits of | 16 | | energy savings should attach to the meter location . As part of | 17 | | the evaluation process, the evaluator shall also solicit | 18 | | feedback from participants and interested stakeholders. The | 19 | | evaluator shall issue a report to the Commission on its | 20 | | findings no later than 4 years after the date on which the | 21 | | program commenced, and the Commission shall issue a report to | 22 | | the Governor and General Assembly including a summary of the | 23 | | information described in this Section as well as its | 24 | | recommendations as to whether the program should be | 25 | | discontinued, continued with modification or modifications or | 26 | | continued without modification, provided that any recommended |
| | | SB2350 Engrossed | - 10 - | LRB098 10156 CEL 40315 b |
|
| 1 | | modifications shall only apply prospectively and to measures | 2 | | not yet installed or financed. | 3 | | (h) An electric utility offering a Commission-approved | 4 | | program pursuant to this Section shall not be required to | 5 | | comply with any other statute, order, rule, or regulation of | 6 | | this State that may relate to the offering of such program, | 7 | | provided that nothing in this Section is intended to limit the | 8 | | electric utility's obligation to comply with this Act and the | 9 | | Commission's orders, rules, and regulations, including Part | 10 | | 280 of Title 83 of the Illinois Administrative Code. | 11 | | (i) The source of a utility customer's electric supply | 12 | | shall not disqualify a customer from participation in the | 13 | | utility's on-bill financing program. Customers of alternative | 14 | | retail electric suppliers may participate in the program under | 15 | | the same terms and conditions applicable to the utility's | 16 | | supply customers.
| 17 | | (Source: P.A. 96-33, eff. 7-10-09; 97-616, eff. 10-26-11.) | 18 | | (220 ILCS 5/19-140)
| 19 | | Sec. 19-140. On-bill financing program; gas utilities. | 20 | | (a) The Illinois General Assembly finds that Illinois homes | 21 | | and businesses have the potential to save energy through | 22 | | conservation and cost-effective energy efficiency measures. | 23 | | Programs created pursuant to this Section will allow utility | 24 | | customers to purchase cost-effective energy efficiency | 25 | | measures , including measures set forth in a |
| | | SB2350 Engrossed | - 11 - | LRB098 10156 CEL 40315 b |
|
| 1 | | Commission-approved energy efficiency and demand-response plan | 2 | | under Section 8-104 of this Act, with no required initial | 3 | | upfront payment, and to pay the cost of those products and | 4 | | services over time on their utility bill. | 5 | | (b) Notwithstanding any other provision of this Act, a gas | 6 | | utility serving more than 100,000 customers on January 1, 2009 | 7 | | shall offer a Commission-approved on-bill financing program | 8 | | ("program") that allows its retail customers who own a | 9 | | residential single family home, duplex, or other residential | 10 | | building with 4 or less units, or condominium at which the gas | 11 | | service is being provided (i) to borrow funds from a third | 12 | | party lender in order to purchase gas energy efficiency | 13 | | measures approved under the program for installation in such | 14 | | home or condominium without any required upfront payment and | 15 | | (ii) to pay back such funds over time through the gas utility's | 16 | | bill. Based upon the process described in subsection (b-5) of | 17 | | this Section, small commercial retail customers , as that term | 18 | | is defined in Section 19-105 of this Act, who own the premises | 19 | | at which gas service is being provided may be included in such | 20 | | program. After receiving a request from a gas utility for | 21 | | approval of a proposed program and tariffs pursuant to this | 22 | | Section, the Commission shall render its decision within 120 | 23 | | days. If no decision is rendered within 120 days, then the | 24 | | request shall be deemed to be approved. Beginning no later than | 25 | | December 31, 2013, a gas utility subject to this subsection (b) | 26 | | shall also offer its program to eligible retail customers that |
| | | SB2350 Engrossed | - 12 - | LRB098 10156 CEL 40315 b |
|
| 1 | | own a multifamily residential or mixed-use building with no | 2 | | more than 50 residential units, provided, however, that such | 3 | | customer must either be a residential customer or small | 4 | | commercial customer and may not use the program in such a way | 5 | | that repayment of the cost of energy efficiency measures is | 6 | | made through tenants' utility bills. A gas utility may impose a | 7 | | per site loan limit not to exceed $100,000. The program, and | 8 | | loans issued thereunder, shall only be offered to customers of | 9 | | the utility that meet the requirements of this Section and that | 10 | | also have a gas service account at the premises where the | 11 | | energy efficiency measures being financed shall be installed. | 12 | | For purposes of this Section, a small commercial customer | 13 | | for a gas utility shall be defined in that gas utility's | 14 | | informational filing that is made under subsection (c-5) of | 15 | | this Section. | 16 | | (b-5) Within 30 days after the effective date of this | 17 | | amendatory Act of the 96th General Assembly, the Commission | 18 | | shall convene a workshop process during which interested | 19 | | participants may discuss issues related to the program, | 20 | | including program design, eligible gas energy efficiency | 21 | | measures, vendor qualifications, and a methodology for | 22 | | ensuring ongoing compliance with such qualifications, | 23 | | financing, sample documents such as request for proposals, | 24 | | contracts and agreements, dispute resolution, pre-installment | 25 | | and post-installment verification, and evaluation. The | 26 | | workshop process shall be completed within 150 days after the |
| | | SB2350 Engrossed | - 13 - | LRB098 10156 CEL 40315 b |
|
| 1 | | effective date of this amendatory Act of the 96th General | 2 | | Assembly. | 3 | | (c) Not later than 60 days following completion of the | 4 | | workshop process described in subsection (b-5) of this Section, | 5 | | each gas utility subject to subsection (b) of this Section | 6 | | shall submit a proposed program to the Commission that contains | 7 | | the following components: | 8 | | (1) A list of recommended gas energy efficiency | 9 | | measures that will be eligible for on-bill financing. An | 10 | | eligible gas energy efficiency measure ("measure") shall | 11 | | be a product or service for which one or more of the | 12 | | following is true defined by the following : | 13 | | (A) (blank); The measure would be applied to or | 14 | | replace gas energy-using equipment; and | 15 | | (B) the projected Application of the measure to | 16 | | equipment and systems will have estimated gas savings | 17 | | (determined by rates in effect at the time of | 18 | | purchase) , that are sufficient to cover the costs of | 19 | | implementing the measures, including finance charges | 20 | | and any program fees not recovered pursuant to | 21 | | subsection (f) of this Section ; or . To assist the gas | 22 | | utility in identifying or approving measures, the | 23 | | utility may consult with the Department of Commerce and | 24 | | Economic Opportunity, as well as with retailers, | 25 | | technicians and installers of gas energy efficiency | 26 | | measures and energy auditors (collectively "vendors"). |
| | | SB2350 Engrossed | - 14 - | LRB098 10156 CEL 40315 b |
|
| 1 | | (C) the product or service is included in a
| 2 | | Commission-approved energy efficiency and | 3 | | demand-response plan under Section 8-104 of this Act. | 4 | | (2) The gas utility shall issue a request for proposals | 5 | | ("RFP") to lenders for purposes of providing financing to | 6 | | participants to pay for approved measures. The RFP criteria | 7 | | shall include, but not be limited to, the interest rate, | 8 | | origination fees, and credit terms. The utility shall | 9 | | select the winning bidders based on its evaluation of these | 10 | | criteria, with a preference for those bids containing the | 11 | | rates, fees, and terms most favorable to participants. | 12 | | (3) The utility shall work with the lenders selected | 13 | | pursuant to the RFP process, and with vendors, to establish | 14 | | the terms and processes pursuant to which a participant can | 15 | | purchase eligible gas energy efficiency measures using the | 16 | | financing obtained from the lender. The vendor shall | 17 | | explain and offer the approved financing packaging to those | 18 | | customers identified in subsection (b) of this Section and | 19 | | shall assist customers in applying for financing. As part | 20 | | of such process, vendors shall also provide to participants | 21 | | information about any other incentives that may be | 22 | | available for the measures. | 23 | | (4) The lender shall conduct credit checks or undertake | 24 | | other appropriate measures to limit credit risk, and shall | 25 | | review and approve or deny financing applications | 26 | | submitted by customers identified in subsection (b) of this |
| | | SB2350 Engrossed | - 15 - | LRB098 10156 CEL 40315 b |
|
| 1 | | Section. Following the lender's approval of financing and | 2 | | the participant's purchase of the measure or measures, the | 3 | | lender shall forward payment information to the gas | 4 | | utility, and the utility shall add as a separate line item | 5 | | on the participant's utility bill a charge showing the | 6 | | amount due under the program each month. | 7 | | (5) A loan issued to a participant pursuant to the | 8 | | program shall be the sole responsibility of the | 9 | | participant, and any dispute that may arise concerning the | 10 | | loan's terms, conditions, or charges shall be resolved | 11 | | between the participant and lender. Upon transfer of the | 12 | | property title for the premises at which the participant | 13 | | receives gas service from the utility or the participant's | 14 | | request to terminate service at such premises, the | 15 | | participant shall pay in full its gas utility bill, | 16 | | including all amounts due under the program, provided that | 17 | | this obligation may be modified as provided in subsection | 18 | | (g) of this Section. Amounts due under the program shall be | 19 | | deemed amounts owed for residential and, as appropriate, | 20 | | small commercial gas service. | 21 | | (6) The gas utility shall remit payment in full to the | 22 | | lender each month on behalf of the participant. In the | 23 | | event a participant defaults on payment of its gas utility | 24 | | bill, the gas utility shall continue to remit all payments | 25 | | due under the program to the lender, and the utility shall | 26 | | be entitled to recover all costs related to a participant's |
| | | SB2350 Engrossed | - 16 - | LRB098 10156 CEL 40315 b |
|
| 1 | | nonpayment through the automatic adjustment clause tariff | 2 | | established pursuant to Section 19-145 of this Act. In | 3 | | addition, the gas utility shall retain a security interest | 4 | | in the measure or measures purchased under the program to | 5 | | the extent those measures are not integral to the shell of | 6 | | the building , and the utility retains its right to | 7 | | disconnect a participant that defaults on the payment of | 8 | | its utility bill. | 9 | | (7) The total outstanding amount financed under the | 10 | | programs in this subsection and subsection (c-5) of this | 11 | | Section program shall not exceed $2.5 million for a gas | 12 | | utility or gas utilities under a single holding company, | 13 | | provided that the gas utility or gas utilities may petition | 14 | | the Commission for an increase in such amount. | 15 | | (c-5) Within 120 days after the effective date of this | 16 | | amendatory Act of the 98th General Assembly, each covered gas | 17 | | utility shall submit an informational filing to the Commission | 18 | | that describes its plan for implementing the provisions of this | 19 | | amendatory Act of the 98th General Assembly on or before | 20 | | December 31, 2013. A gas utility subject to this Section shall | 21 | | cooperate with any electric utility that provides electric | 22 | | service to buildings within the gas utility's service territory | 23 | | so that it is practical and feasible for the owner of a | 24 | | multifamily building to make a single application to access | 25 | | loans for both gas and electric energy efficiency measures in | 26 | | any individual building. |
| | | SB2350 Engrossed | - 17 - | LRB098 10156 CEL 40315 b |
|
| 1 | | (d) A program approved by the Commission shall also include | 2 | | the following criteria and guidelines for such program: | 3 | | (1) guidelines for financing of measures installed | 4 | | under a program, including, but not limited to, RFP | 5 | | criteria and limits on both individual loan amounts and the | 6 | | duration of the loans; | 7 | | (2) criteria and standards for identifying and | 8 | | approving measures; | 9 | | (3) qualifications of vendors that will market or | 10 | | install measures, as well as a methodology for ensuring | 11 | | ongoing compliance with such qualifications; | 12 | | (4) sample contracts and agreements necessary to | 13 | | implement the measures and program; and | 14 | | (5) the types of data and information that utilities | 15 | | and vendors participating in the program shall collect for | 16 | | purposes of preparing the reports required under | 17 | | subsection (g) of this Section. | 18 | | (e) The proposed program submitted by each gas utility | 19 | | shall be consistent with the provisions of this Section that | 20 | | define operational, financial, and billing arrangements | 21 | | between and among program participants, vendors, lenders, and | 22 | | the gas utility. | 23 | | (f) A gas utility shall recover all of the prudently | 24 | | incurred costs of offering a program approved by the Commission | 25 | | pursuant to this Section, including, but not limited to, all | 26 | | start-up and administrative costs and the costs for program |
| | | SB2350 Engrossed | - 18 - | LRB098 10156 CEL 40315 b |
|
| 1 | | evaluation. All prudently incurred costs under this Section | 2 | | shall be recovered from the residential and small commercial | 3 | | retail customer classes eligible to participate in the program | 4 | | through the automatic adjustment clause tariff established | 5 | | pursuant to Section 8-104 of this Act. | 6 | | (g) An independent evaluation of a program shall be | 7 | | conducted after 3 years of the program's operation. The gas | 8 | | utility shall retain an independent evaluator who shall | 9 | | evaluate the effects of the measures installed under the | 10 | | program and the overall operation of the program, including, | 11 | | but not limited to, customer eligibility criteria and whether | 12 | | the payment obligation for permanent gas energy efficiency | 13 | | measures that will continue to provide benefits of energy | 14 | | savings should attach to the meter location . As part of the | 15 | | evaluation process, the evaluator shall also solicit feedback | 16 | | from participants and interested stakeholders. The evaluator | 17 | | shall issue a report to the Commission on its findings no later | 18 | | than 4 years after the date on which the program commenced, and | 19 | | the Commission shall issue a report to the Governor and General | 20 | | Assembly including a summary of the information described in | 21 | | this Section as well as its recommendations as to whether the | 22 | | program should be discontinued, continued with modification or | 23 | | modifications or continued without modification, provided that | 24 | | any recommended modifications shall only apply prospectively | 25 | | and to measures not yet installed or financed. | 26 | | (h) A gas utility offering a Commission-approved program |
| | | SB2350 Engrossed | - 19 - | LRB098 10156 CEL 40315 b |
|
| 1 | | pursuant to this Section shall not be required to comply with | 2 | | any other statute, order, rule, or regulation of this State | 3 | | that may relate to the offering of such program, provided that | 4 | | nothing in this Section is intended to limit the gas utility's | 5 | | obligation to comply with this Act and the Commission's orders, | 6 | | rules, and regulations, including Part 280 of Title 83 of the | 7 | | Illinois Administrative Code. | 8 | | (i) The source of a utility customer's gas supply shall not | 9 | | disqualify a customer from participation in the utility's | 10 | | on-bill financing program. Customers of alternative gas | 11 | | suppliers may participate in the program under the same terms | 12 | | and conditions applicable to the utility's supply customers.
| 13 | | (Source: P.A. 96-33, eff. 7-10-09.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|