Public Act 097-1128 Public Act 1128 97TH GENERAL ASSEMBLY |
Public Act 097-1128 | HB5071 Enrolled | LRB097 20038 CEL 65359 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. The Electric Vehicle Act is amended by adding | Section 25 as follows: | (20 ILCS 627/25 new) | Sec. 25. Charging station installations. The installation, | maintenance, and repair of an electric vehicle charging station | shall comply with the requirements of subsection (a) of Section | 16-128 and Section 16-128A of the Public Utilities Act. | Section 5. The Public Utilities Act is amended by changing | Sections 3-105, 16-102, and 16-128A as follows:
| (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
| Sec. 3-105. Public utility. | (a) "Public utility" means and includes, except where
| otherwise expressly provided in this Section, every | corporation, company,
limited liability company, association, | joint stock company or association,
firm, partnership or | individual, their lessees, trustees, or receivers
appointed by | any court whatsoever that owns, controls, operates or manages,
| within this State, directly or indirectly, for public use, any |
| plant, equipment
or property used or to be used for or in | connection with, or owns or controls
any franchise, license, | permit or right to engage in:
| (1) the production, storage, transmission, sale, | delivery or furnishing of
heat, cold, power, electricity, | water, or light, except when used solely for
communications | purposes;
| (2) the disposal of sewerage; or
| (3) the conveyance of oil or gas by pipe line.
| (b) "Public utility" does not include, however:
| (1) public utilities that are owned and operated by any | political
subdivision, public institution of higher | education or municipal
corporation of this State, or public | utilities that are owned by such
political subdivision, | public institution of higher education, or
municipal | corporation and operated by any of its lessees or operating | agents;
| (2) water companies which are purely mutual concerns, | having no rates
or charges for services, but paying the | operating expenses by assessment
upon the members of such a | company and no other person;
| (3) electric cooperatives as defined in Section 3-119;
| (4) the following natural gas cooperatives:
| (A) residential natural gas cooperatives that are | not-for-profit
corporations
established for the | purpose of administering and operating, on
a |
| cooperative basis, the furnishing of natural gas to | residences for the
benefit of their members
who are | residential consumers of natural gas. For
entities | qualifying as residential
natural gas cooperatives and | recognized
by the Illinois Commerce Commission as | such, the State shall guarantee
legally binding | contracts entered into by residential
natural gas
| cooperatives for the express purpose of acquiring | natural gas supplies for
their members. The Illinois | Commerce Commission shall establish rules and
| regulations providing for such guarantees. The total | liability of the
State in providing all such guarantees | shall not at any time exceed
$1,000,000, nor shall the | State provide such a guarantee to a residential
natural | gas cooperative for more than 3 consecutive years; and
| (B) natural gas cooperatives that are | not-for-profit corporations operated for the purpose | of administering, on a cooperative basis, the | furnishing of natural gas for the benefit of their | members and that, prior to 90 days after the effective | date of this amendatory Act of the 94th General | Assembly, either had acquired or had entered into an | asset purchase agreement to acquire all or | substantially all of the operating assets of a public | utility or natural gas cooperative with the intention | of operating those assets as a natural gas cooperative;
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| (5) sewage disposal companies which provide sewage | disposal services
on a mutual basis without establishing | rates or charges for services,
but paying the operating | expenses by assessment upon the members of the
company and | no others;
| (6) (Blank);
| (7) cogeneration facilities, small power production | facilities, and other
qualifying facilities, as defined in | the Public Utility Regulatory Policies Act
and regulations | promulgated thereunder, except to the extent State | regulatory
jurisdiction and action is required or | authorized by federal law, regulations,
regulatory | decisions or the decisions of federal or State courts of | competent
jurisdiction;
| (8) the ownership or operation of a facility that sells | compressed
natural gas at retail to the public for use only | as a motor vehicle fuel
and the selling of compressed | natural gas at retail to the public for use
only as a motor | vehicle fuel;
| (9) alternative retail electric suppliers as defined | in Article XVI; and
| (10) the Illinois Power Agency.
| (c) An entity that furnishes the service of charging | electric vehicles does not and shall not be deemed to sell | electricity and
is not and shall not be deemed a public utility | notwithstanding the basis on which the service is provided or |
| billed. If, however, the entity is otherwise deemed a public | utility under this Act, or is otherwise
subject to regulation | under this Act, then that entity is not exempt
from and remains | subject to the otherwise applicable provisions of this Act. The | installation, maintenance, and repair of an electric vehicle | charging station shall comply with the requirements of | subsection (a) of Section 16-128 and Section 16-128A of this | Act. | For purposes of this subsection, the term "electric | vehicles" has the
meaning ascribed to that term in Section 10 | of the Electric Vehicle
Act. | (Source: P.A. 94-738, eff. 5-4-06; 95-481, eff. 8-28-07.)
| (220 ILCS 5/16-102)
| Sec. 16-102. Definitions. For the purposes of this
Article | the following terms shall be defined as set forth in
this | Section.
| "Alternative retail electric supplier" means every
person, | cooperative, corporation, municipal corporation,
company, | association, joint stock company or association,
firm, | partnership, individual, or other entity, their lessees,
| trustees, or receivers appointed by any court whatsoever, that
| offers electric power or energy for sale, lease or in exchange
| for other value received to one or more retail customers, or
| that engages in the delivery or furnishing of electric power
or | energy to such retail customers, and shall include, without
|
| limitation, resellers, aggregators and power marketers, but
| shall not include (i) electric utilities (or any agent of the
| electric utility to the extent the electric utility provides
| tariffed services to retail customers through that agent),
(ii) | any electric cooperative or municipal system as defined
in | Section 17-100 to the extent that the electric cooperative
or | municipal system is serving retail customers within any
area in | which it is or would be entitled to provide service
under the | law in effect immediately prior to the effective
date of this | amendatory Act of 1997, (iii) a public utility
that is owned | and operated by any public institution of higher
education of | this State, or a public utility that is owned by
such public | institution of higher education and operated by
any of its | lessees or operating agents, within any area in
which it is or | would be entitled to provide service under the
law in effect | immediately prior to the effective date of this
amendatory Act | of 1997, (iv) a retail customer to the extent
that customer | obtains its electric power and energy from that customer's
own | cogeneration or self-generation facilities, (v) an
entity that | owns, operates, sells, or arranges for the installation of
a | customer's own cogeneration or self-generation facilities, but | only to
the extent the entity is engaged in
owning,
selling or | arranging for the installation of such facility,
or operating | the facility
on behalf of such customer, provided however that | any such
third party owner or operator of a facility built | after
January 1, 1999, complies with the labor provisions of |
| Section 16-128(a) as
though
such third party were an | alternative retail
electric supplier,
or (vi) an industrial or
| manufacturing customer that owns
its own
distribution | facilities, to the extent that the customer provides service | from
that distribution system to a third-party contractor | located on the customer's
premises that is integrally and | predominantly engaged in the customer's
industrial or
| manufacturing process; provided, that if the industrial or | manufacturing
customer has elected delivery services, the | customer shall pay transition
charges applicable to the | electric power and energy consumed by the third-party
| contractor unless such charges are otherwise paid by the third | party
contractor, which shall be calculated based on the usage | of, and the base rates
or the contract rates applicable to, the | third-party contractor in accordance
with Section 16-102.
| An entity that furnishes the service of charging electric | vehicles does not and shall not be deemed to sell electricity | and is not and shall not be deemed an alternative retail | electric supplier, and is not subject to regulation as such | under this Act notwithstanding the basis on which the service | is provided or billed. If, however, the entity is otherwise | deemed an alternative retail electric supplier under this Act, | or is otherwise subject to regulation under this Act, then that | entity is not exempt from and remains subject to the otherwise | applicable provisions of this Act. The installation, | maintenance, and repair of an electric vehicle charging station |
| shall comply with the requirements of subsection (a) of Section | 16-128 and Section 16-128A of this Act. | For purposes of this Section, the term "electric vehicles" | has the
meaning ascribed to that term in Section 10 of the | Electric Vehicle
Act. | "Base rates" means the rates for those tariffed services | that the electric
utility is required to offer pursuant to | subsection (a) of Section 16-103 and
that were identified in a | rate order for collection of the electric
utility's base rate | revenue requirement, excluding (i) separate automatic
rate | adjustment riders then in effect, (ii) special or negotiated | contract
rates, (iii) delivery services tariffs filed pursuant | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | were in effect prior to October 1, 1996
and that based charges | for services on an index or average of other utilities'
| charges, but including (vi) any subsequent redesign of such | rates for
tariffed
services that is authorized by the | Commission after notice and hearing.
| "Competitive service" includes (i) any service that
has | been declared to be competitive pursuant to Section
16-113 of | this Act, (ii) contract service, and (iii) services,
other than | tariffed services, that are related to, but not
necessary for, | the provision of electric power and energy or delivery | services.
| "Contract service" means (1) services, including the
| provision of electric power and energy or other services, that
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| are provided by mutual agreement between an electric utility
| and a retail customer that is located in the electric
utility's | service area, provided that, delivery services shall
not be a | contract service until such services are declared
competitive | pursuant to Section 16-113; and also means (2) the
provision of | electric power and energy by an electric utility
to retail | customers outside the electric utility's service
area pursuant | to Section 16-116. Provided, however, contract
service does not | include electric utility services provided
pursuant to (i) | contracts that retail customers are required
to execute as a | condition of receiving tariffed services, or
(ii) special or | negotiated rate contracts for electric utility
services that | were entered into between an electric utility
and a retail | customer prior to the effective date of this
amendatory Act of | 1997 and filed with the Commission.
| "Delivery services" means those services provided by the
| electric utility that are necessary in order for the
| transmission and distribution systems to function so that
| retail customers located in the electric utility's service
area | can receive electric power and energy from suppliers
other than | the electric utility, and shall include, without
limitation, | standard metering and billing services.
| "Electric utility" means a public utility, as defined in
| Section 3-105 of this Act, that has a franchise, license,
| permit or right to furnish or sell electricity to retail
| customers within a service area.
|
| "Mandatory transition period" means the period from the
| effective date of this amendatory Act of 1997 through January
| 1, 2007.
| "Municipal system" shall have the meaning set forth in
| Section 17-100.
| "Real-time pricing" means tariffed retail charges for | delivered electric
power and energy that vary
hour-to-hour and | are determined from wholesale market prices using a methodology | approved by the Illinois Commerce Commission.
| "Retail customer" means a single entity using electric
| power or energy at a single premises and that (A) either (i)
is | receiving or is eligible to receive tariffed services from
an | electric utility, or (ii) that is served by a municipal system | or electric
cooperative within any area in which the
municipal | system or electric cooperative is or would be
entitled to | provide service under the law in effect
immediately prior to | the effective date of this amendatory Act
of 1997, or (B) an | entity which on the effective date of this
Act was receiving | electric service from a public utility and
(i) was engaged in | the practice of resale and redistribution
of such electricity | within a building prior to January 2,
1957, or (ii) was | providing lighting services to tenants in a
multi-occupancy | building, but only to the extent such resale,
redistribution or | lighting service is authorized by the
electric utility's | tariffs that were on file with the
Commission on the effective | date of this Act.
|
| "Service area" means (i) the geographic area within which
| an electric utility was lawfully entitled to provide electric
| power and energy to retail customers as of the effective date
| of this amendatory Act of 1997, and includes (ii) the location
| of any retail customer to which the electric utility was
| lawfully providing electric utility services on such effective
| date.
| "Small commercial retail customer" means those
| nonresidential retail customers of an electric utility
| consuming 15,000 kilowatt-hours or less of electricity
| annually in its service area.
| "Tariffed service" means services provided to retail
| customers by an electric utility as defined by its rates on
| file with the Commission pursuant to the provisions of Article
| IX of this Act, but shall not include competitive services.
| "Transition charge" means a charge expressed in cents
per | kilowatt-hour that is calculated for a customer or class
of | customers as follows for each year in which an electric
utility | is entitled to recover transition charges as provided
in | Section 16-108:
| (1) the amount of revenue that an electric utility
| would receive from the retail customer or customers if it
| were serving such customers' electric power and energy
| requirements as a tariffed service based on (A) all of
the | customers' actual usage during the 3 years
ending 90 days | prior to the date on which such customers
were first |
| eligible for delivery services pursuant to
Section 16-104, | and (B) on (i) the base rates in effect
on October 1, 1996 | (adjusted for the reductions required
by subsection (b) of | Section 16-111, for any reduction resulting from a rate
| decrease under Section 16-101(b), for any restatement of | base rates made in
conjunction with an elimination
of the | fuel adjustment clause pursuant to subsection (b), (d), or | (f) of
Section
9-220
and for any removal of decommissioning | costs from base
rates pursuant to Section 16-114)
and any | separate automatic rate adjustment riders (other
than a | decommissioning rate as defined in Section 16-114)
under | which the customers were receiving or, had they
been | customers, would have received electric power and
energy | from the electric utility during the year
immediately | preceding the date on which such customers
were first | eligible for delivery service pursuant to
Section 16-104, | or (ii) to the extent applicable, any
contract rates, | including contracts or rates for consolidated or
| aggregated billing, under which such customers were
| receiving electric power and energy from the electric
| utility during such year;
| (2) less the amount of revenue, other than revenue
from | transition charges and decommissioning rates, that the | electric utility
would
receive from such retail customers | for delivery services
provided by the electric utility, | assuming such customers
were taking delivery services for |
| all of their usage,
based on the delivery services tariffs | in effect during
the year for which the transition charge | is being
calculated and on the usage identified in | paragraph (1);
| (3) less the market value for the electric power
and | energy that the electric utility would have used to
supply | all of such customers' electric power and energy
| requirements, as a tariffed service, based on the usage
| identified in paragraph (1), with such market value
| determined in accordance with Section 16-112 of this Act;
| (4) less the following amount which represents the
| amount to be attributed to new revenue sources and cost
| reductions by the electric utility through the end of the
| period for which transition costs are recovered pursuant
to | Section 16-108, referred to in this Article XVI as a | "mitigation factor":
| (A) for nonresidential retail customers, an amount | equal to the greater
of (i) 0.5 cents per kilowatt-hour | during the period October 1, 1999
through December 31, | 2004, 0.6 cents per kilowatt-hour in calendar year | 2005,
and 0.9 cents per kilowatt-hour in calendar year | 2006, multiplied in
each year by the usage identified | in paragraph (1), or (ii) an amount equal to
the | following percentages of the amount produced by | applying the applicable
base rates (adjusted as | described in subparagraph (1)(B)) or contract rate to
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| the usage identified in paragraph (1): 8% for the | period October 1, 1999
through December 31, 2002, 10% | in calendar years 2003 and 2004, 11% in calendar
year | 2005 and 12% in calendar year 2006;
and
| (B) for residential retail customers, an amount
| equal to the following percentages of the amount | produced by applying the
base rates in effect on | October 1, 1996 (adjusted as
described in subparagraph | (1)(B)) to the usage
identified in paragraph (1): (i) | 6% from May 1, 2002 through December 31,
2002, (ii) 7% | in calendar years 2003 and 2004, (iii) 8% in calendar | year
2005, and (iv) 10% in calendar year 2006;
| (5) divided by the usage of such customers
identified | in paragraph (1),
| provided that the transition charge shall never be less than
| zero.
| "Unbundled service" means a component or constituent part
| of a tariffed service which the electric utility subsequently
| offers separately to its customers.
| (Source: P.A. 94-977, eff. 6-30-06.)
| (220 ILCS 5/16-128A) | Sec. 16-128A. Certification of installers , maintainers, or | repairers . | (a) Within 18 months of the effective date of this | amendatory Act of the 97th General Assembly, the Commission |
| shall adopt rules, including emergency rules, establishing | certification requirements ensuring that entities installing | distributed generation facilities are in compliance with the | requirements of subsection (a) of Section 16-128 of this Act. | For purposes of this Section, the phrase "entities | installing distributed generation facilities" shall include, | but not be limited to, all entities that are exempt from the | definition of "alternative retail electric supplier" under | item (v) of Section 16-102 of this Act.
For purposes of this | Section, the phrase "self-installer" means an individual who | (i) leases or purchases a cogeneration facility for his or her | own personal use and (ii) installs such cogeneration or | self-generation facility on his or her own premises without the | assistance of any other person. | (b) In addition to any authority granted to the Commission | under this Act, the Commission is also authorized to: (1) | determine which entities are subject to certification under | this Section; (2) impose reasonable certification fees and | penalties; (3) adopt disciplinary procedures; (4) investigate | any and all activities subject to this Section, including | violations thereof; (5) adopt procedures to issue or renew, or | to refuse to issue or renew, a certification or to revoke, | suspend, place on probation, reprimand, or otherwise | discipline a certified entity under this Act or take other | enforcement action against an entity subject to this Section; | and (6) prescribe forms to be issued for the administration and |
| enforcement of this Section. | (c) No electric utility shall provide a retail customer | with net metering service related to interconnection of that | customer's distributed generation facility unless the customer | provides the electric utility with (i) a certification that the | customer installing the distributed generation facility was a | self-installer or (ii) evidence that the distributed | generation facility was installed by an entity certified under | this Section that is also in good standing with the Commission. | For purposes of this subsection, a retail customer includes | that customer's employees, officers, and agents. An electric | utility shall file a tariff or tariffs with the Commission | setting forth the documentation , as specified by Commission | rule, that a retail customer must provide to an electric | utility. The provisions of this subsection (c) shall apply on | or after the effective date of the Commission's rules | prescribed pursuant to subsection (a) of this Section. | (d) Within 180 days after the effective date of this | amendatory Act of the 97th General Assembly, the Commission | shall initiate a rulemaking proceeding to establish | certification requirements that shall be applicable to persons | or entities vendors that install , maintain, or repair electric | vehicle charging stations. The notification and certification | requirements of this Section shall only be applicable to | individuals or entities that perform work on or within an | electric vehicle charging station, including, but not limited |
| to, connection of power to an electric vehicle charging | station. | For the purposes of this Section "electric vehicle charging | station" means any facility or equipment that is used to charge | a battery or other energy storage device of an electric | vehicle.
| Rules regulating the installation, maintenance, or repair | of electric vehicle charging stations, in which the Commission | may establish separate requirements based upon the | characteristics of electric vehicle charging stations, so long | as it is in accordance with the requirements of subsection (a) | of Section 16-128 and Section 16-128A of this Act, shall: | (1) establish a certification process for persons or | entities that install, maintain, or repair of electric | vehicle charging stations; | (2) require persons or entities that install, | maintain, or repair electric vehicle stations to be | certified to do business and to be bonded in the State; | (3) ensure that persons or entities that install, | maintain, or repair electric vehicle charging stations | have the requisite knowledge, skills, training, | experience, and competence to perform functions in a safe | and reliable manner as required under subsection (a) of | Section 16-128 of this Act; | (4) impose reasonable certification fees and penalties | on persons or entities that install, maintain, or repair of |
| electric vehicle charging stations for noncompliance of | the rules adopted under this subsection; | (5) ensure that all persons or entities that install, | maintain, or repair electric vehicle charging stations | conform to applicable building and electrical codes; | (6) ensure that all electric vehicle charging stations | meet recognized industry standards as the Commission deems | appropriate, such as the National Electric Code (NEC) and | standards developed or created by the Institute of | Electrical and Electronics Engineers (IEEE), the Electric | Power Research Institute (EPRI), the Detroit Edison | Institute (DTE), the Underwriters Laboratory (UL), the | Society of Automotive Engineers (SAE), and the National | Institute of Standards and Technology (NIST); | (7) include any additional requirements that the | Commission deems reasonable to ensure that persons or | entities that install, maintain, or repair electric | vehicle charging stations meet adequate training, | financial, and competency requirements; | (8) ensure that the obligations required under this | Section and subsection (a) of Section 16-128 of this Act | are met prior to the interconnection of any electric | vehicle charging station; | (9) ensure electric vehicle charging stations | installed by a self-installer are not used for any | commercial purpose; |
| (10) establish an inspection procedure for the | conversion of electric vehicle charging stations installed | by a self-installer if it is determined that the | self-installed electric vehicle charging station is being | used for commercial purposes; | (11) establish the requirement that all persons or | entities that install electric vehicle charging stations | shall notify the servicing electric utility in writing of | plans to install an electric vehicle charging station and | shall notify the servicing electric utility in writing when | installation is complete; | (12) ensure that all persons or entities that install, | maintain, or repair electric vehicle charging stations | obtain certificates of insurance in sufficient amounts and | coverages that the Commission so determines and, if | necessary as determined by the Commission, names the | affected public utility as an additional insured; and | (13) identify and determine the training or other | programs by which persons or entities may obtain the | requisite training, skills, or experience necessary to | achieve and maintain compliance with the requirements set | forth in this subsection and subsection (a) of Section | 16-128 to install, maintain, or repair electric vehicle | charging stations. | Within 18 months after the effective date of this | amendatory Act of the 97th General Assembly, the Commission |
| shall adopt rules, and may, if it deems necessary, adopt | emergency rules, for the installation, maintenance, or repair | of electric vehicle charging stations. | All retail customers who own, maintain, or repair an | electric vehicle charging station shall provide the servicing | electric utility (i) a certification that the customer | installing the electric vehicle charging station was a | self-installer or (ii) evidence that the electric vehicle | charging station was installed by an entity certified under | this subsection (d) that is also in good standing with the | Commission. For purposes of this subsection (d), a retail | customer includes that retail customer's employees, officers, | and agents. If the electric vehicle charging station was not | installed by a self-installer, then the person or entity that | plans to install the electric vehicle charging station shall | provide notice to the servicing electric utility prior to | installation and when installation is complete and provide any | other information required by the Commission's rules | established under subsection (d) of this Section. An electric | utility shall file a tariff or tariffs with the Commission | setting forth the documentation, as specified by Commission | rule, that a retail customer who owns, uses, operates, or | maintains an electric vehicle charging station must provide to | an electric utility. | For the purposes of this subsection, an electric vehicle | charging station shall constitute a distribution facility or |
| equipment as that term is used in subsection (a) of Section | 16-128 of this Act. The phrase "self-installer" means an | individual who (i) leases or purchases an electric vehicle | charging station for his or her own personal use and (ii) | installs an electric vehicle charging station on his or her own | premises without the assistance of any other person. | (e) Fees and penalties collected under this Section shall | be deposited into the Public Utility Fund and used to fund the | Commission's compliance with the obligations imposed by this | Section. | (f) The rules established under subsection (d) of this | Section shall specify the initial dates for compliance with the | rules. | (g) The certification of persons or entities that install, | maintain, or repair distributed generation facilities and | electric vehicle charging stations as set forth in this Section | is an exclusive power and function of the State. A home rule | unit or other units of local government authority may subject | persons or entities that install, maintain, or repair | distributed generation facilities or electric vehicle charging | stations as set forth in this Section to any applicable local | licensing, siting, and permitting requirements otherwise | permitted under law so long as only Commission-certified | persons or entities are authorized to install, maintain, or | repair distributed generation facilities or electric vehicle | charging stations. This Section is a limitation under |
| subsection (h) of Section 6 of Article VII of the Illinois | Constitution on the exercise by home rule units of powers and | functions exclusively exercised by the State. | (Source: P.A. 97-616, eff. 10-26-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/28/2012
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