Full Text of HB6034 99th General Assembly
HB6034 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6034 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Defines "solar customer" as any class of customer of an electric utility or an alternative retail electric supplier that uses a photovoltaic electric delivery system. Effective immediately.
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| | A BILL FOR |
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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 5. The Public Utilities Act is amended by changing | 5 | | Section 16-102 as follows:
| 6 | | (220 ILCS 5/16-102)
| 7 | | Sec. 16-102. Definitions. For the purposes of this
Article | 8 | | the following terms shall be defined as set forth in
this | 9 | | Section.
| 10 | | "Alternative retail electric supplier" means every
person, | 11 | | cooperative, corporation, municipal corporation,
company, | 12 | | association, joint stock company or association,
firm, | 13 | | partnership, individual, or other entity, their lessees,
| 14 | | trustees, or receivers appointed by any court whatsoever, that
| 15 | | offers electric power or energy for sale, lease or in exchange
| 16 | | for other value received to one or more retail customers, or
| 17 | | that engages in the delivery or furnishing of electric power
or | 18 | | energy to such retail customers, and shall include, without
| 19 | | limitation, resellers, aggregators and power marketers, but
| 20 | | shall not include (i) electric utilities (or any agent of the
| 21 | | electric utility to the extent the electric utility provides
| 22 | | tariffed services to retail customers through that agent),
(ii) | 23 | | any electric cooperative or municipal system as defined
in |
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| 1 | | Section 17-100 to the extent that the electric cooperative
or | 2 | | municipal system is serving retail customers within any
area in | 3 | | which it is or would be entitled to provide service
under the | 4 | | law in effect immediately prior to the effective
date of this | 5 | | amendatory Act of 1997, (iii) a public utility
that is owned | 6 | | and operated by any public institution of higher
education of | 7 | | this State, or a public utility that is owned by
such public | 8 | | institution of higher education and operated by
any of its | 9 | | lessees or operating agents, within any area in
which it is or | 10 | | would be entitled to provide service under the
law in effect | 11 | | immediately prior to the effective date of this
amendatory Act | 12 | | of 1997, (iv) a retail customer to the extent
that customer | 13 | | obtains its electric power and energy from that customer's
own | 14 | | cogeneration or self-generation facilities, (v) an
entity that | 15 | | owns, operates, sells, or arranges for the installation of
a | 16 | | customer's own cogeneration or self-generation facilities, but | 17 | | only to
the extent the entity is engaged in
owning,
selling or | 18 | | arranging for the installation of such facility,
or operating | 19 | | the facility
on behalf of such customer, provided however that | 20 | | any such
third party owner or operator of a facility built | 21 | | after
January 1, 1999, complies with the labor provisions of | 22 | | Section 16-128(a) as
though
such third party were an | 23 | | alternative retail
electric supplier,
or (vi) an industrial or
| 24 | | manufacturing customer that owns
its own
distribution | 25 | | facilities, to the extent that the customer provides service | 26 | | from
that distribution system to a third-party contractor |
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| 1 | | located on the customer's
premises that is integrally and | 2 | | predominantly engaged in the customer's
industrial or
| 3 | | manufacturing process; provided, that if the industrial or | 4 | | manufacturing
customer has elected delivery services, the | 5 | | customer shall pay transition
charges applicable to the | 6 | | electric power and energy consumed by the third-party
| 7 | | contractor unless such charges are otherwise paid by the third | 8 | | party
contractor, which shall be calculated based on the usage | 9 | | of, and the base rates
or the contract rates applicable to, the | 10 | | third-party contractor in accordance
with Section 16-102.
| 11 | | An entity that furnishes the service of charging electric | 12 | | vehicles does not and shall not be deemed to sell electricity | 13 | | and is not and shall not be deemed an alternative retail | 14 | | electric supplier, and is not subject to regulation as such | 15 | | under this Act notwithstanding the basis on which the service | 16 | | is provided or billed. If, however, the entity is otherwise | 17 | | deemed an alternative retail electric supplier under this Act, | 18 | | or is otherwise subject to regulation under this Act, then that | 19 | | entity is not exempt from and remains subject to the otherwise | 20 | | applicable provisions of this Act. The installation, | 21 | | maintenance, and repair of an electric vehicle charging station | 22 | | shall comply with the requirements of subsection (a) of Section | 23 | | 16-128 and Section 16-128A of this Act. | 24 | | For purposes of this Section, the term "electric vehicles" | 25 | | has the
meaning ascribed to that term in Section 10 of the | 26 | | Electric Vehicle
Act. |
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| 1 | | "Base rates" means the rates for those tariffed services | 2 | | that the electric
utility is required to offer pursuant to | 3 | | subsection (a) of Section 16-103 and
that were identified in a | 4 | | rate order for collection of the electric
utility's base rate | 5 | | revenue requirement, excluding (i) separate automatic
rate | 6 | | adjustment riders then in effect, (ii) special or negotiated | 7 | | contract
rates, (iii) delivery services tariffs filed pursuant | 8 | | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | 9 | | were in effect prior to October 1, 1996
and that based charges | 10 | | for services on an index or average of other utilities'
| 11 | | charges, but including (vi) any subsequent redesign of such | 12 | | rates for
tariffed
services that is authorized by the | 13 | | Commission after notice and hearing.
| 14 | | "Competitive service" includes (i) any service that
has | 15 | | been declared to be competitive pursuant to Section
16-113 of | 16 | | this Act, (ii) contract service, and (iii) services,
other than | 17 | | tariffed services, that are related to, but not
necessary for, | 18 | | the provision of electric power and energy or delivery | 19 | | services.
| 20 | | "Contract service" means (1) services, including the
| 21 | | provision of electric power and energy or other services, that
| 22 | | are provided by mutual agreement between an electric utility
| 23 | | and a retail customer that is located in the electric
utility's | 24 | | service area, provided that, delivery services shall
not be a | 25 | | contract service until such services are declared
competitive | 26 | | pursuant to Section 16-113; and also means (2) the
provision of |
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| 1 | | electric power and energy by an electric utility
to retail | 2 | | customers outside the electric utility's service
area pursuant | 3 | | to Section 16-116. Provided, however, contract
service does not | 4 | | include electric utility services provided
pursuant to (i) | 5 | | contracts that retail customers are required
to execute as a | 6 | | condition of receiving tariffed services, or
(ii) special or | 7 | | negotiated rate contracts for electric utility
services that | 8 | | were entered into between an electric utility
and a retail | 9 | | customer prior to the effective date of this
amendatory Act of | 10 | | 1997 and filed with the Commission.
| 11 | | "Delivery services" means those services provided by the
| 12 | | electric utility that are necessary in order for the
| 13 | | transmission and distribution systems to function so that
| 14 | | retail customers located in the electric utility's service
area | 15 | | can receive electric power and energy from suppliers
other than | 16 | | the electric utility, and shall include, without
limitation, | 17 | | standard metering and billing services.
| 18 | | "Electric utility" means a public utility, as defined in
| 19 | | Section 3-105 of this Act, that has a franchise, license,
| 20 | | permit or right to furnish or sell electricity to retail
| 21 | | customers within a service area.
| 22 | | "Mandatory transition period" means the period from the
| 23 | | effective date of this amendatory Act of 1997 through January
| 24 | | 1, 2007.
| 25 | | "Municipal system" shall have the meaning set forth in
| 26 | | Section 17-100.
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| 1 | | "Real-time pricing" means tariffed retail charges for | 2 | | delivered electric
power and energy that vary
hour-to-hour and | 3 | | are determined from wholesale market prices using a methodology | 4 | | approved by the Illinois Commerce Commission.
| 5 | | "Retail customer" means a single entity using electric
| 6 | | power or energy at a single premises and that (A) either (i)
is | 7 | | receiving or is eligible to receive tariffed services from
an | 8 | | electric utility, or (ii) that is served by a municipal system | 9 | | or electric
cooperative within any area in which the
municipal | 10 | | system or electric cooperative is or would be
entitled to | 11 | | provide service under the law in effect
immediately prior to | 12 | | the effective date of this amendatory Act
of 1997, or (B) an | 13 | | entity which on the effective date of this
Act was receiving | 14 | | electric service from a public utility and
(i) was engaged in | 15 | | the practice of resale and redistribution
of such electricity | 16 | | within a building prior to January 2,
1957, or (ii) was | 17 | | providing lighting services to tenants in a
multi-occupancy | 18 | | building, but only to the extent such resale,
redistribution or | 19 | | lighting service is authorized by the
electric utility's | 20 | | tariffs that were on file with the
Commission on the effective | 21 | | date of this Act.
| 22 | | "Service area" means (i) the geographic area within which
| 23 | | an electric utility was lawfully entitled to provide electric
| 24 | | power and energy to retail customers as of the effective date
| 25 | | of this amendatory Act of 1997, and includes (ii) the location
| 26 | | of any retail customer to which the electric utility was
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| 1 | | lawfully providing electric utility services on such effective
| 2 | | date.
| 3 | | "Small commercial retail customer" means those
| 4 | | nonresidential retail customers of an electric utility
| 5 | | consuming 15,000 kilowatt-hours or less of electricity
| 6 | | annually in its service area.
| 7 | | "Solar customer" means any class of customer of an electric | 8 | | utility or an alternative retail electric supplier that uses a | 9 | | photovoltaic electric delivery system. | 10 | | "Tariffed service" means services provided to retail
| 11 | | customers by an electric utility as defined by its rates on
| 12 | | file with the Commission pursuant to the provisions of Article
| 13 | | IX of this Act, but shall not include competitive services.
| 14 | | "Transition charge" means a charge expressed in cents
per | 15 | | kilowatt-hour that is calculated for a customer or class
of | 16 | | customers as follows for each year in which an electric
utility | 17 | | is entitled to recover transition charges as provided
in | 18 | | Section 16-108:
| 19 | | (1) the amount of revenue that an electric utility
| 20 | | would receive from the retail customer or customers if it
| 21 | | were serving such customers' electric power and energy
| 22 | | requirements as a tariffed service based on (A) all of
the | 23 | | customers' actual usage during the 3 years
ending 90 days | 24 | | prior to the date on which such customers
were first | 25 | | eligible for delivery services pursuant to
Section 16-104, | 26 | | and (B) on (i) the base rates in effect
on October 1, 1996 |
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| 1 | | (adjusted for the reductions required
by subsection (b) of | 2 | | Section 16-111, for any reduction resulting from a rate
| 3 | | decrease under Section 16-101(b), for any restatement of | 4 | | base rates made in
conjunction with an elimination
of the | 5 | | fuel adjustment clause pursuant to subsection (b), (d), or | 6 | | (f) of
Section
9-220
and for any removal of decommissioning | 7 | | costs from base
rates pursuant to Section 16-114)
and any | 8 | | separate automatic rate adjustment riders (other
than a | 9 | | decommissioning rate as defined in Section 16-114)
under | 10 | | which the customers were receiving or, had they
been | 11 | | customers, would have received electric power and
energy | 12 | | from the electric utility during the year
immediately | 13 | | preceding the date on which such customers
were first | 14 | | eligible for delivery service pursuant to
Section 16-104, | 15 | | or (ii) to the extent applicable, any
contract rates, | 16 | | including contracts or rates for consolidated or
| 17 | | aggregated billing, under which such customers were
| 18 | | receiving electric power and energy from the electric
| 19 | | utility during such year;
| 20 | | (2) less the amount of revenue, other than revenue
from | 21 | | transition charges and decommissioning rates, that the | 22 | | electric utility
would
receive from such retail customers | 23 | | for delivery services
provided by the electric utility, | 24 | | assuming such customers
were taking delivery services for | 25 | | all of their usage,
based on the delivery services tariffs | 26 | | in effect during
the year for which the transition charge |
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| 1 | | is being
calculated and on the usage identified in | 2 | | paragraph (1);
| 3 | | (3) less the market value for the electric power
and | 4 | | energy that the electric utility would have used to
supply | 5 | | all of such customers' electric power and energy
| 6 | | requirements, as a tariffed service, based on the usage
| 7 | | identified in paragraph (1), with such market value
| 8 | | determined in accordance with Section 16-112 of this Act;
| 9 | | (4) less the following amount which represents the
| 10 | | amount to be attributed to new revenue sources and cost
| 11 | | reductions by the electric utility through the end of the
| 12 | | period for which transition costs are recovered pursuant
to | 13 | | Section 16-108, referred to in this Article XVI as a | 14 | | "mitigation factor":
| 15 | | (A) for nonresidential retail customers, an amount | 16 | | equal to the greater
of (i) 0.5 cents per kilowatt-hour | 17 | | during the period October 1, 1999
through December 31, | 18 | | 2004, 0.6 cents per kilowatt-hour in calendar year | 19 | | 2005,
and 0.9 cents per kilowatt-hour in calendar year | 20 | | 2006, multiplied in
each year by the usage identified | 21 | | in paragraph (1), or (ii) an amount equal to
the | 22 | | following percentages of the amount produced by | 23 | | applying the applicable
base rates (adjusted as | 24 | | described in subparagraph (1)(B)) or contract rate to
| 25 | | the usage identified in paragraph (1): 8% for the | 26 | | period October 1, 1999
through December 31, 2002, 10% |
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| 1 | | in calendar years 2003 and 2004, 11% in calendar
year | 2 | | 2005 and 12% in calendar year 2006;
and
| 3 | | (B) for residential retail customers, an amount
| 4 | | equal to the following percentages of the amount | 5 | | produced by applying the
base rates in effect on | 6 | | October 1, 1996 (adjusted as
described in subparagraph | 7 | | (1)(B)) to the usage
identified in paragraph (1): (i) | 8 | | 6% from May 1, 2002 through December 31,
2002, (ii) 7% | 9 | | in calendar years 2003 and 2004, (iii) 8% in calendar | 10 | | year
2005, and (iv) 10% in calendar year 2006;
| 11 | | (5) divided by the usage of such customers
identified | 12 | | in paragraph (1),
| 13 | | provided that the transition charge shall never be less than
| 14 | | zero.
| 15 | | "Unbundled service" means a component or constituent part
| 16 | | of a tariffed service which the electric utility subsequently
| 17 | | offers separately to its customers.
| 18 | | (Source: P.A. 97-1128, eff. 8-28-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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