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Public Act 095-0660
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| SB0215 Enrolled |
LRB095 10780 MJR 31023 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by adding |
Section 8-408 as follows:
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(220 ILCS 5/8-408 new) |
Sec. 8-408. Energy efficiency plans for small |
multi-jurisdictional utilities. |
(a) Any electric or gas public utility with fewer than |
200,000 customers in Illinois on January 1, 2007 that offers |
energy efficiency programs to its customers in a state adjacent |
to Illinois may seek the approval of the Commission to offer |
the same or comparable energy efficiency programs to its |
customers in Illinois. For each program to be offered, the |
utility shall submit to the Commission:
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(1) a description of the program;
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(2) a proposed implementation schedule and method;
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(3) the number of eligible participants;
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(4) the expected rate of participation per year;
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(5) the estimated annual peak demand and energy |
savings; |
(6) the budget or level of spending; and |
(7) the rate impacts and average bill impacts, by |
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customer class, resulting from the program.
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The Commission shall approve each program demonstrated to |
be cost-effective. Programs for low-income customers shall be |
approved by the Commission even if they have not been |
demonstrated to be cost-effective if they are demonstrated to |
be reasonable. An order of the State agency that regulates the |
rates of the utility in the adjacent state that finds a program |
to be cost-effective or reasonable shall be sufficient to |
demonstrate that the program is cost-effective or reasonable |
for the utility's customers in Illinois. Approved programs may |
be delivered by the utility or by a contractor or agent of the |
utility.
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(b) Notwithstanding the provisions of Section 9-201, a |
public utility providing approved energy efficiency programs |
in the State shall be permitted to recover the reasonable costs |
of those programs through an automatic adjustment clause tariff |
filed with and approved by the Commission. Each year the |
Commission shall initiate a review to reconcile any amounts |
collected with the actual costs and to determine the adjustment |
to the annual tariff factor to match annual expenditures. The |
determination shall be made within 90 days after the date of |
initiation of the review.
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(c) The utility may request a waiver of one or more |
components of an approved energy efficiency program at any time |
in order to improve the program's effectiveness. The Commission |
may grant the waiver if good cause is shown by the utility. |
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Notwithstanding the cessation of the programs, a utility shall
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file a final reconciliation of the amounts collected as |
compared to the actual costs and shall continue the resulting |
factor until any over-recovery or under-recovery approaches |
zero. |
(d) A public utility that offers approved energy efficiency |
programs in the State may do so
through at least December 31, |
2012. The Commission shall
monitor the performance of the |
energy efficiency programs and, on or before October 31,
2012, |
the Commission shall make a determination regarding whether
the |
programs should be continued beyond calendar year 2012. The |
Commission shall also file a written report with the General |
Assembly explaining the basis for that determination and |
detailing the results of the energy efficiency programs,
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including energy savings, participation numbers, and costs.
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Section 99. Effective date. This Act takes effect January |
1, 2008.
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