Full Text of HB5071 97th General Assembly
HB5071enr 97TH GENERAL ASSEMBLY |
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| 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 1. The Electric Vehicle Act is amended by adding | 5 | | Section 25 as follows: | 6 | | (20 ILCS 627/25 new) | 7 | | Sec. 25. Charging station installations. The installation, | 8 | | maintenance, and repair of an electric vehicle charging station | 9 | | shall comply with the requirements of subsection (a) of Section | 10 | | 16-128 and Section 16-128A of the Public Utilities Act. | 11 | | Section 5. The Public Utilities Act is amended by changing | 12 | | Sections 3-105, 16-102, and 16-128A as follows:
| 13 | | (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
| 14 | | Sec. 3-105. Public utility. | 15 | | (a) "Public utility" means and includes, except where
| 16 | | otherwise expressly provided in this Section, every | 17 | | corporation, company,
limited liability company, association, | 18 | | joint stock company or association,
firm, partnership or | 19 | | individual, their lessees, trustees, or receivers
appointed by | 20 | | any court whatsoever that owns, controls, operates or manages,
| 21 | | within this State, directly or indirectly, for public use, any |
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| 1 | | plant, equipment
or property used or to be used for or in | 2 | | connection with, or owns or controls
any franchise, license, | 3 | | permit or right to engage in:
| 4 | | (1) the production, storage, transmission, sale, | 5 | | delivery or furnishing of
heat, cold, power, electricity, | 6 | | water, or light, except when used solely for
communications | 7 | | purposes;
| 8 | | (2) the disposal of sewerage; or
| 9 | | (3) the conveyance of oil or gas by pipe line.
| 10 | | (b) "Public utility" does not include, however:
| 11 | | (1) public utilities that are owned and operated by any | 12 | | political
subdivision, public institution of higher | 13 | | education or municipal
corporation of this State, or public | 14 | | utilities that are owned by such
political subdivision, | 15 | | public institution of higher education, or
municipal | 16 | | corporation and operated by any of its lessees or operating | 17 | | agents;
| 18 | | (2) water companies which are purely mutual concerns, | 19 | | having no rates
or charges for services, but paying the | 20 | | operating expenses by assessment
upon the members of such a | 21 | | company and no other person;
| 22 | | (3) electric cooperatives as defined in Section 3-119;
| 23 | | (4) the following natural gas cooperatives:
| 24 | | (A) residential natural gas cooperatives that are | 25 | | not-for-profit
corporations
established for the | 26 | | purpose of administering and operating, on
a |
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| 1 | | cooperative basis, the furnishing of natural gas to | 2 | | residences for the
benefit of their members
who are | 3 | | residential consumers of natural gas. For
entities | 4 | | qualifying as residential
natural gas cooperatives and | 5 | | recognized
by the Illinois Commerce Commission as | 6 | | such, the State shall guarantee
legally binding | 7 | | contracts entered into by residential
natural gas
| 8 | | cooperatives for the express purpose of acquiring | 9 | | natural gas supplies for
their members. The Illinois | 10 | | Commerce Commission shall establish rules and
| 11 | | regulations providing for such guarantees. The total | 12 | | liability of the
State in providing all such guarantees | 13 | | shall not at any time exceed
$1,000,000, nor shall the | 14 | | State provide such a guarantee to a residential
natural | 15 | | gas cooperative for more than 3 consecutive years; and
| 16 | | (B) natural gas cooperatives that are | 17 | | not-for-profit corporations operated for the purpose | 18 | | of administering, on a cooperative basis, the | 19 | | furnishing of natural gas for the benefit of their | 20 | | members and that, prior to 90 days after the effective | 21 | | date of this amendatory Act of the 94th General | 22 | | Assembly, either had acquired or had entered into an | 23 | | asset purchase agreement to acquire all or | 24 | | substantially all of the operating assets of a public | 25 | | utility or natural gas cooperative with the intention | 26 | | of operating those assets as a natural gas cooperative;
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| 1 | | (5) sewage disposal companies which provide sewage | 2 | | disposal services
on a mutual basis without establishing | 3 | | rates or charges for services,
but paying the operating | 4 | | expenses by assessment upon the members of the
company and | 5 | | no others;
| 6 | | (6) (Blank);
| 7 | | (7) cogeneration facilities, small power production | 8 | | facilities, and other
qualifying facilities, as defined in | 9 | | the Public Utility Regulatory Policies Act
and regulations | 10 | | promulgated thereunder, except to the extent State | 11 | | regulatory
jurisdiction and action is required or | 12 | | authorized by federal law, regulations,
regulatory | 13 | | decisions or the decisions of federal or State courts of | 14 | | competent
jurisdiction;
| 15 | | (8) the ownership or operation of a facility that sells | 16 | | compressed
natural gas at retail to the public for use only | 17 | | as a motor vehicle fuel
and the selling of compressed | 18 | | natural gas at retail to the public for use
only as a motor | 19 | | vehicle fuel;
| 20 | | (9) alternative retail electric suppliers as defined | 21 | | in Article XVI; and
| 22 | | (10) the Illinois Power Agency.
| 23 | | (c) An entity that furnishes the service of charging | 24 | | electric vehicles does not and shall not be deemed to sell | 25 | | electricity and
is not and shall not be deemed a public utility | 26 | | notwithstanding the basis on which the service is provided or |
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| 1 | | billed. If, however, the entity is otherwise deemed a public | 2 | | utility under this Act, or is otherwise
subject to regulation | 3 | | under this Act, then that entity is not exempt
from and remains | 4 | | subject to the otherwise applicable provisions of this Act. The | 5 | | installation, maintenance, and repair of an electric vehicle | 6 | | charging station shall comply with the requirements of | 7 | | subsection (a) of Section 16-128 and Section 16-128A of this | 8 | | Act. | 9 | | For purposes of this subsection, the term "electric | 10 | | vehicles" has the
meaning ascribed to that term in Section 10 | 11 | | of the Electric Vehicle
Act. | 12 | | (Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)
| 13 | | (220 ILCS 5/16-102)
| 14 | | Sec. 16-102. Definitions. For the purposes of this
Article | 15 | | the following terms shall be defined as set forth in
this | 16 | | Section.
| 17 | | "Alternative retail electric supplier" means every
person, | 18 | | cooperative, corporation, municipal corporation,
company, | 19 | | association, joint stock company or association,
firm, | 20 | | partnership, individual, or other entity, their lessees,
| 21 | | trustees, or receivers appointed by any court whatsoever, that
| 22 | | offers electric power or energy for sale, lease or in exchange
| 23 | | for other value received to one or more retail customers, or
| 24 | | that engages in the delivery or furnishing of electric power
or | 25 | | energy to such retail customers, and shall include, without
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| 1 | | limitation, resellers, aggregators and power marketers, but
| 2 | | shall not include (i) electric utilities (or any agent of the
| 3 | | electric utility to the extent the electric utility provides
| 4 | | tariffed services to retail customers through that agent),
(ii) | 5 | | any electric cooperative or municipal system as defined
in | 6 | | Section 17-100 to the extent that the electric cooperative
or | 7 | | municipal system is serving retail customers within any
area in | 8 | | which it is or would be entitled to provide service
under the | 9 | | law in effect immediately prior to the effective
date of this | 10 | | amendatory Act of 1997, (iii) a public utility
that is owned | 11 | | and operated by any public institution of higher
education of | 12 | | this State, or a public utility that is owned by
such public | 13 | | institution of higher education and operated by
any of its | 14 | | lessees or operating agents, within any area in
which it is or | 15 | | would be entitled to provide service under the
law in effect | 16 | | immediately prior to the effective date of this
amendatory Act | 17 | | of 1997, (iv) a retail customer to the extent
that customer | 18 | | obtains its electric power and energy from that customer's
own | 19 | | cogeneration or self-generation facilities, (v) an
entity that | 20 | | owns, operates, sells, or arranges for the installation of
a | 21 | | customer's own cogeneration or self-generation facilities, but | 22 | | only to
the extent the entity is engaged in
owning,
selling or | 23 | | arranging for the installation of such facility,
or operating | 24 | | the facility
on behalf of such customer, provided however that | 25 | | any such
third party owner or operator of a facility built | 26 | | after
January 1, 1999, complies with the labor provisions of |
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| 1 | | Section 16-128(a) as
though
such third party were an | 2 | | alternative retail
electric supplier,
or (vi) an industrial or
| 3 | | manufacturing customer that owns
its own
distribution | 4 | | facilities, to the extent that the customer provides service | 5 | | from
that distribution system to a third-party contractor | 6 | | located on the customer's
premises that is integrally and | 7 | | predominantly engaged in the customer's
industrial or
| 8 | | manufacturing process; provided, that if the industrial or | 9 | | manufacturing
customer has elected delivery services, the | 10 | | customer shall pay transition
charges applicable to the | 11 | | electric power and energy consumed by the third-party
| 12 | | contractor unless such charges are otherwise paid by the third | 13 | | party
contractor, which shall be calculated based on the usage | 14 | | of, and the base rates
or the contract rates applicable to, the | 15 | | third-party contractor in accordance
with Section 16-102.
| 16 | | An entity that furnishes the service of charging electric | 17 | | vehicles does not and shall not be deemed to sell electricity | 18 | | and is not and shall not be deemed an alternative retail | 19 | | electric supplier, and is not subject to regulation as such | 20 | | under this Act notwithstanding the basis on which the service | 21 | | is provided or billed. If, however, the entity is otherwise | 22 | | deemed an alternative retail electric supplier under this Act, | 23 | | or is otherwise subject to regulation under this Act, then that | 24 | | entity is not exempt from and remains subject to the otherwise | 25 | | applicable provisions of this Act. The installation, | 26 | | maintenance, and repair of an electric vehicle charging station |
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| 1 | | shall comply with the requirements of subsection (a) of Section | 2 | | 16-128 and Section 16-128A of this Act. | 3 | | For purposes of this Section, the term "electric vehicles" | 4 | | has the
meaning ascribed to that term in Section 10 of the | 5 | | Electric Vehicle
Act. | 6 | | "Base rates" means the rates for those tariffed services | 7 | | that the electric
utility is required to offer pursuant to | 8 | | subsection (a) of Section 16-103 and
that were identified in a | 9 | | rate order for collection of the electric
utility's base rate | 10 | | revenue requirement, excluding (i) separate automatic
rate | 11 | | adjustment riders then in effect, (ii) special or negotiated | 12 | | contract
rates, (iii) delivery services tariffs filed pursuant | 13 | | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | 14 | | were in effect prior to October 1, 1996
and that based charges | 15 | | for services on an index or average of other utilities'
| 16 | | charges, but including (vi) any subsequent redesign of such | 17 | | rates for
tariffed
services that is authorized by the | 18 | | Commission after notice and hearing.
| 19 | | "Competitive service" includes (i) any service that
has | 20 | | been declared to be competitive pursuant to Section
16-113 of | 21 | | this Act, (ii) contract service, and (iii) services,
other than | 22 | | tariffed services, that are related to, but not
necessary for, | 23 | | the provision of electric power and energy or delivery | 24 | | services.
| 25 | | "Contract service" means (1) services, including the
| 26 | | provision of electric power and energy or other services, that
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| 1 | | are provided by mutual agreement between an electric utility
| 2 | | and a retail customer that is located in the electric
utility's | 3 | | service area, provided that, delivery services shall
not be a | 4 | | contract service until such services are declared
competitive | 5 | | pursuant to Section 16-113; and also means (2) the
provision of | 6 | | electric power and energy by an electric utility
to retail | 7 | | customers outside the electric utility's service
area pursuant | 8 | | to Section 16-116. Provided, however, contract
service does not | 9 | | include electric utility services provided
pursuant to (i) | 10 | | contracts that retail customers are required
to execute as a | 11 | | condition of receiving tariffed services, or
(ii) special or | 12 | | negotiated rate contracts for electric utility
services that | 13 | | were entered into between an electric utility
and a retail | 14 | | customer prior to the effective date of this
amendatory Act of | 15 | | 1997 and filed with the Commission.
| 16 | | "Delivery services" means those services provided by the
| 17 | | electric utility that are necessary in order for the
| 18 | | transmission and distribution systems to function so that
| 19 | | retail customers located in the electric utility's service
area | 20 | | can receive electric power and energy from suppliers
other than | 21 | | the electric utility, and shall include, without
limitation, | 22 | | standard metering and billing services.
| 23 | | "Electric utility" means a public utility, as defined in
| 24 | | Section 3-105 of this Act, that has a franchise, license,
| 25 | | permit or right to furnish or sell electricity to retail
| 26 | | customers within a service area.
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| 1 | | "Mandatory transition period" means the period from the
| 2 | | effective date of this amendatory Act of 1997 through January
| 3 | | 1, 2007.
| 4 | | "Municipal system" shall have the meaning set forth in
| 5 | | Section 17-100.
| 6 | | "Real-time pricing" means tariffed retail charges for | 7 | | delivered electric
power and energy that vary
hour-to-hour and | 8 | | are determined from wholesale market prices using a methodology | 9 | | approved by the Illinois Commerce Commission.
| 10 | | "Retail customer" means a single entity using electric
| 11 | | power or energy at a single premises and that (A) either (i)
is | 12 | | receiving or is eligible to receive tariffed services from
an | 13 | | electric utility, or (ii) that is served by a municipal system | 14 | | or electric
cooperative within any area in which the
municipal | 15 | | system or electric cooperative is or would be
entitled to | 16 | | provide service under the law in effect
immediately prior to | 17 | | the effective date of this amendatory Act
of 1997, or (B) an | 18 | | entity which on the effective date of this
Act was receiving | 19 | | electric service from a public utility and
(i) was engaged in | 20 | | the practice of resale and redistribution
of such electricity | 21 | | within a building prior to January 2,
1957, or (ii) was | 22 | | providing lighting services to tenants in a
multi-occupancy | 23 | | building, but only to the extent such resale,
redistribution or | 24 | | lighting service is authorized by the
electric utility's | 25 | | tariffs that were on file with the
Commission on the effective | 26 | | date of this Act.
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| 1 | | "Service area" means (i) the geographic area within which
| 2 | | an electric utility was lawfully entitled to provide electric
| 3 | | power and energy to retail customers as of the effective date
| 4 | | of this amendatory Act of 1997, and includes (ii) the location
| 5 | | of any retail customer to which the electric utility was
| 6 | | lawfully providing electric utility services on such effective
| 7 | | date.
| 8 | | "Small commercial retail customer" means those
| 9 | | nonresidential retail customers of an electric utility
| 10 | | consuming 15,000 kilowatt-hours or less of electricity
| 11 | | annually in its service area.
| 12 | | "Tariffed service" means services provided to retail
| 13 | | customers by an electric utility as defined by its rates on
| 14 | | file with the Commission pursuant to the provisions of Article
| 15 | | IX of this Act, but shall not include competitive services.
| 16 | | "Transition charge" means a charge expressed in cents
per | 17 | | kilowatt-hour that is calculated for a customer or class
of | 18 | | customers as follows for each year in which an electric
utility | 19 | | is entitled to recover transition charges as provided
in | 20 | | Section 16-108:
| 21 | | (1) the amount of revenue that an electric utility
| 22 | | would receive from the retail customer or customers if it
| 23 | | were serving such customers' electric power and energy
| 24 | | requirements as a tariffed service based on (A) all of
the | 25 | | customers' actual usage during the 3 years
ending 90 days | 26 | | prior to the date on which such customers
were first |
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| 1 | | eligible for delivery services pursuant to
Section 16-104, | 2 | | and (B) on (i) the base rates in effect
on October 1, 1996 | 3 | | (adjusted for the reductions required
by subsection (b) of | 4 | | Section 16-111, for any reduction resulting from a rate
| 5 | | decrease under Section 16-101(b), for any restatement of | 6 | | base rates made in
conjunction with an elimination
of the | 7 | | fuel adjustment clause pursuant to subsection (b), (d), or | 8 | | (f) of
Section
9-220
and for any removal of decommissioning | 9 | | costs from base
rates pursuant to Section 16-114)
and any | 10 | | separate automatic rate adjustment riders (other
than a | 11 | | decommissioning rate as defined in Section 16-114)
under | 12 | | which the customers were receiving or, had they
been | 13 | | customers, would have received electric power and
energy | 14 | | from the electric utility during the year
immediately | 15 | | preceding the date on which such customers
were first | 16 | | eligible for delivery service pursuant to
Section 16-104, | 17 | | or (ii) to the extent applicable, any
contract rates, | 18 | | including contracts or rates for consolidated or
| 19 | | aggregated billing, under which such customers were
| 20 | | receiving electric power and energy from the electric
| 21 | | utility during such year;
| 22 | | (2) less the amount of revenue, other than revenue
from | 23 | | transition charges and decommissioning rates, that the | 24 | | electric utility
would
receive from such retail customers | 25 | | for delivery services
provided by the electric utility, | 26 | | assuming such customers
were taking delivery services for |
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| 1 | | all of their usage,
based on the delivery services tariffs | 2 | | in effect during
the year for which the transition charge | 3 | | is being
calculated and on the usage identified in | 4 | | paragraph (1);
| 5 | | (3) less the market value for the electric power
and | 6 | | energy that the electric utility would have used to
supply | 7 | | all of such customers' electric power and energy
| 8 | | requirements, as a tariffed service, based on the usage
| 9 | | identified in paragraph (1), with such market value
| 10 | | determined in accordance with Section 16-112 of this Act;
| 11 | | (4) less the following amount which represents the
| 12 | | amount to be attributed to new revenue sources and cost
| 13 | | reductions by the electric utility through the end of the
| 14 | | period for which transition costs are recovered pursuant
to | 15 | | Section 16-108, referred to in this Article XVI as a | 16 | | "mitigation factor":
| 17 | | (A) for nonresidential retail customers, an amount | 18 | | equal to the greater
of (i) 0.5 cents per kilowatt-hour | 19 | | during the period October 1, 1999
through December 31, | 20 | | 2004, 0.6 cents per kilowatt-hour in calendar year | 21 | | 2005,
and 0.9 cents per kilowatt-hour in calendar year | 22 | | 2006, multiplied in
each year by the usage identified | 23 | | in paragraph (1), or (ii) an amount equal to
the | 24 | | following percentages of the amount produced by | 25 | | applying the applicable
base rates (adjusted as | 26 | | described in subparagraph (1)(B)) or contract rate to
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| 1 | | the usage identified in paragraph (1): 8% for the | 2 | | period October 1, 1999
through December 31, 2002, 10% | 3 | | in calendar years 2003 and 2004, 11% in calendar
year | 4 | | 2005 and 12% in calendar year 2006;
and
| 5 | | (B) for residential retail customers, an amount
| 6 | | equal to the following percentages of the amount | 7 | | produced by applying the
base rates in effect on | 8 | | October 1, 1996 (adjusted as
described in subparagraph | 9 | | (1)(B)) to the usage
identified in paragraph (1): (i) | 10 | | 6% from May 1, 2002 through December 31,
2002, (ii) 7% | 11 | | in calendar years 2003 and 2004, (iii) 8% in calendar | 12 | | year
2005, and (iv) 10% in calendar year 2006;
| 13 | | (5) divided by the usage of such customers
identified | 14 | | in paragraph (1),
| 15 | | provided that the transition charge shall never be less than
| 16 | | zero.
| 17 | | "Unbundled service" means a component or constituent part
| 18 | | of a tariffed service which the electric utility subsequently
| 19 | | offers separately to its customers.
| 20 | | (Source: P.A. 94-977, eff. 6-30-06.)
| 21 | | (220 ILCS 5/16-128A) | 22 | | Sec. 16-128A. Certification of installers , maintainers, or | 23 | | repairers . | 24 | | (a) Within 18 months of the effective date of this | 25 | | amendatory Act of the 97th General Assembly, the Commission |
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| 1 | | shall adopt rules, including emergency rules, establishing | 2 | | certification requirements ensuring that entities installing | 3 | | distributed generation facilities are in compliance with the | 4 | | requirements of subsection (a) of Section 16-128 of this Act. | 5 | | For purposes of this Section, the phrase "entities | 6 | | installing distributed generation facilities" shall include, | 7 | | but not be limited to, all entities that are exempt from the | 8 | | definition of "alternative retail electric supplier" under | 9 | | item (v) of Section 16-102 of this Act.
For purposes of this | 10 | | Section, the phrase "self-installer" means an individual who | 11 | | (i) leases or purchases a cogeneration facility for his or her | 12 | | own personal use and (ii) installs such cogeneration or | 13 | | self-generation facility on his or her own premises without the | 14 | | assistance of any other person. | 15 | | (b) In addition to any authority granted to the Commission | 16 | | under this Act, the Commission is also authorized to: (1) | 17 | | determine which entities are subject to certification under | 18 | | this Section; (2) impose reasonable certification fees and | 19 | | penalties; (3) adopt disciplinary procedures; (4) investigate | 20 | | any and all activities subject to this Section, including | 21 | | violations thereof; (5) adopt procedures to issue or renew, or | 22 | | to refuse to issue or renew, a certification or to revoke, | 23 | | suspend, place on probation, reprimand, or otherwise | 24 | | discipline a certified entity under this Act or take other | 25 | | enforcement action against an entity subject to this Section; | 26 | | and (6) prescribe forms to be issued for the administration and |
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| 1 | | enforcement of this Section. | 2 | | (c) No electric utility shall provide a retail customer | 3 | | with net metering service related to interconnection of that | 4 | | customer's distributed generation facility unless the customer | 5 | | provides the electric utility with (i) a certification that the | 6 | | customer installing the distributed generation facility was a | 7 | | self-installer or (ii) evidence that the distributed | 8 | | generation facility was installed by an entity certified under | 9 | | this Section that is also in good standing with the Commission. | 10 | | For purposes of this subsection, a retail customer includes | 11 | | that customer's employees, officers, and agents. An electric | 12 | | utility shall file a tariff or tariffs with the Commission | 13 | | setting forth the documentation , as specified by Commission | 14 | | rule, that a retail customer must provide to an electric | 15 | | utility. The provisions of this subsection (c) shall apply on | 16 | | or after the effective date of the Commission's rules | 17 | | prescribed pursuant to subsection (a) of this Section. | 18 | | (d) Within 180 days after the effective date of this | 19 | | amendatory Act of the 97th General Assembly, the Commission | 20 | | shall initiate a rulemaking proceeding to establish | 21 | | certification requirements that shall be applicable to persons | 22 | | or entities vendors that install , maintain, or repair electric | 23 | | vehicle charging stations. The notification and certification | 24 | | requirements of this Section shall only be applicable to | 25 | | individuals or entities that perform work on or within an | 26 | | electric vehicle charging station, including, but not limited |
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| 1 | | to, connection of power to an electric vehicle charging | 2 | | station. | 3 | | For the purposes of this Section "electric vehicle charging | 4 | | station" means any facility or equipment that is used to charge | 5 | | a battery or other energy storage device of an electric | 6 | | vehicle.
| 7 | | Rules regulating the installation, maintenance, or repair | 8 | | of electric vehicle charging stations, in which the Commission | 9 | | may establish separate requirements based upon the | 10 | | characteristics of electric vehicle charging stations, so long | 11 | | as it is in accordance with the requirements of subsection (a) | 12 | | of Section 16-128 and Section 16-128A of this Act, shall: | 13 | | (1) establish a certification process for persons or | 14 | | entities that install, maintain, or repair of electric | 15 | | vehicle charging stations; | 16 | | (2) require persons or entities that install, | 17 | | maintain, or repair electric vehicle stations to be | 18 | | certified to do business and to be bonded in the State; | 19 | | (3) ensure that persons or entities that install, | 20 | | maintain, or repair electric vehicle charging stations | 21 | | have the requisite knowledge, skills, training, | 22 | | experience, and competence to perform functions in a safe | 23 | | and reliable manner as required under subsection (a) of | 24 | | Section 16-128 of this Act; | 25 | | (4) impose reasonable certification fees and penalties | 26 | | on persons or entities that install, maintain, or repair of |
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| 1 | | electric vehicle charging stations for noncompliance of | 2 | | the rules adopted under this subsection; | 3 | | (5) ensure that all persons or entities that install, | 4 | | maintain, or repair electric vehicle charging stations | 5 | | conform to applicable building and electrical codes; | 6 | | (6) ensure that all electric vehicle charging stations | 7 | | meet recognized industry standards as the Commission deems | 8 | | appropriate, such as the National Electric Code (NEC) and | 9 | | standards developed or created by the Institute of | 10 | | Electrical and Electronics Engineers (IEEE), the Electric | 11 | | Power Research Institute (EPRI), the Detroit Edison | 12 | | Institute (DTE), the Underwriters Laboratory (UL), the | 13 | | Society of Automotive Engineers (SAE), and the National | 14 | | Institute of Standards and Technology (NIST); | 15 | | (7) include any additional requirements that the | 16 | | Commission deems reasonable to ensure that persons or | 17 | | entities that install, maintain, or repair electric | 18 | | vehicle charging stations meet adequate training, | 19 | | financial, and competency requirements; | 20 | | (8) ensure that the obligations required under this | 21 | | Section and subsection (a) of Section 16-128 of this Act | 22 | | are met prior to the interconnection of any electric | 23 | | vehicle charging station; | 24 | | (9) ensure electric vehicle charging stations | 25 | | installed by a self-installer are not used for any | 26 | | commercial purpose; |
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| 1 | | (10) establish an inspection procedure for the | 2 | | conversion of electric vehicle charging stations installed | 3 | | by a self-installer if it is determined that the | 4 | | self-installed electric vehicle charging station is being | 5 | | used for commercial purposes; | 6 | | (11) establish the requirement that all persons or | 7 | | entities that install electric vehicle charging stations | 8 | | shall notify the servicing electric utility in writing of | 9 | | plans to install an electric vehicle charging station and | 10 | | shall notify the servicing electric utility in writing when | 11 | | installation is complete; | 12 | | (12) ensure that all persons or entities that install, | 13 | | maintain, or repair electric vehicle charging stations | 14 | | obtain certificates of insurance in sufficient amounts and | 15 | | coverages that the Commission so determines and, if | 16 | | necessary as determined by the Commission, names the | 17 | | affected public utility as an additional insured; and | 18 | | (13) identify and determine the training or other | 19 | | programs by which persons or entities may obtain the | 20 | | requisite training, skills, or experience necessary to | 21 | | achieve and maintain compliance with the requirements set | 22 | | forth in this subsection and subsection (a) of Section | 23 | | 16-128 to install, maintain, or repair electric vehicle | 24 | | charging stations. | 25 | | Within 18 months after the effective date of this | 26 | | amendatory Act of the 97th General Assembly, the Commission |
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| 1 | | shall adopt rules, and may, if it deems necessary, adopt | 2 | | emergency rules, for the installation, maintenance, or repair | 3 | | of electric vehicle charging stations. | 4 | | All retail customers who own, maintain, or repair an | 5 | | electric vehicle charging station shall provide the servicing | 6 | | electric utility (i) a certification that the customer | 7 | | installing the electric vehicle charging station was a | 8 | | self-installer or (ii) evidence that the electric vehicle | 9 | | charging station was installed by an entity certified under | 10 | | this subsection (d) that is also in good standing with the | 11 | | Commission. For purposes of this subsection (d), a retail | 12 | | customer includes that retail customer's employees, officers, | 13 | | and agents. If the electric vehicle charging station was not | 14 | | installed by a self-installer, then the person or entity that | 15 | | plans to install the electric vehicle charging station shall | 16 | | provide notice to the servicing electric utility prior to | 17 | | installation and when installation is complete and provide any | 18 | | other information required by the Commission's rules | 19 | | established under subsection (d) of this Section. An electric | 20 | | utility shall file a tariff or tariffs with the Commission | 21 | | setting forth the documentation, as specified by Commission | 22 | | rule, that a retail customer who owns, uses, operates, or | 23 | | maintains an electric vehicle charging station must provide to | 24 | | an electric utility. | 25 | | For the purposes of this subsection, an electric vehicle | 26 | | charging station shall constitute a distribution facility or |
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| 1 | | equipment as that term is used in subsection (a) of Section | 2 | | 16-128 of this Act. The phrase "self-installer" means an | 3 | | individual who (i) leases or purchases an electric vehicle | 4 | | charging station for his or her own personal use and (ii) | 5 | | installs an electric vehicle charging station on his or her own | 6 | | premises without the assistance of any other person. | 7 | | (e) Fees and penalties collected under this Section shall | 8 | | be deposited into the Public Utility Fund and used to fund the | 9 | | Commission's compliance with the obligations imposed by this | 10 | | Section. | 11 | | (f) The rules established under subsection (d) of this | 12 | | Section shall specify the initial dates for compliance with the | 13 | | rules. | 14 | | (g) The certification of persons or entities that install, | 15 | | maintain, or repair distributed generation facilities and | 16 | | electric vehicle charging stations as set forth in this Section | 17 | | is an exclusive power and function of the State. A home rule | 18 | | unit or other units of local government authority may subject | 19 | | persons or entities that install, maintain, or repair | 20 | | distributed generation facilities or electric vehicle charging | 21 | | stations as set forth in this Section to any applicable local | 22 | | licensing, siting, and permitting requirements otherwise | 23 | | permitted under law so long as only Commission-certified | 24 | | persons or entities are authorized to install, maintain, or | 25 | | repair distributed generation facilities or electric vehicle | 26 | | charging stations. This Section is a limitation under |
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| 1 | | subsection (h) of Section 6 of Article VII of the Illinois | 2 | | Constitution on the exercise by home rule units of powers and | 3 | | functions exclusively exercised by the State. | 4 | | (Source: P.A. 97-616, eff. 10-26-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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