UTILITIES - DELIVERY SERVICES Senate SponsorsSen. Mike Jacobs and John J. Millner-John O. Jones House Sponsors(Rep. Kevin A. McCarthy-Mike Bost-Dave Winters-Kenneth Dunkin-Dan Reitz) 10/31/2011SenatePublic Act . . . . . . . . . 97-0616 220 ILCS 5/16-103Amends the Public Utilities Act. In a provision concerning service obligations of electric utilities, provides that any residential or small commercial retail customer which elects delivery services is entitled to return to the electric utility's bundled utility tariffed service offering provided upon payment of a reasonable administrative fee which shall be set forth in the tariff, provided, however, that the electric utility shall be entitled to impose the condition that such customer may not elect delivery services for up to 12 months thereafter if the residential or small commercial customer has not elected delivery services within 2 billing cycles after returning to the electric utility's bundled utility tariffed service offering. Effective immediately.House Committee Amendment No. 1 Deletes reference to:220 ILCS 5/16-103Adds reference to:20 ILCS 3855/1-56A new20 ILCS 3855/1-76 new220 ILCS 5/8-103220 ILCS 5/8-103A new220 ILCS 5/16-107.5220 ILCS 5/16-108.5 new220 ILCS 5/16-108.6 new220 ILCS 5/16-108.7 new220 ILCS 5/16-108.8 new220 ILCS 5/16-111.5220 ILCS 5/16-111.5B new220 ILCS 5/16-111.7220 ILCS 5/16-128220 ILCS 5/16-128A newReplaces everything after the enacting clause. Amends the Illinois Power Agency Act. In provisions concerning the Agency's procurement of renewable energy resources and in provisions concerning renewable portfolio standards, provides that, to the extent available, half of the renewable energy resources procured from distributed renewable energy generation shall come from devices of less than 25 kilowatts in nameplate capacity. Provides that renewable energy resources procured from distributed renewable energy generation devices may also count towards the required percentages for wind and solar photovoltaics. Provides that the Agency shall create credit requirements for suppliers of distributed renewable energy. Provides that in order to minimize the administrative burden on contracting entities, the Agency shall solicit the use of third-party organizations to aggregate distributed renewable energy into groups of no less than one megawatt in installed capacity. Provides that these third-party organizations shall administer contracts with individual distributed renewable energy generation device owners. Requires an individual distributed renewable energy generation device owner to have the ability to measure the output of his or her distributed renewable energy generation device. Amends the Public Utilities Act. Provides that no later than October 1, 2010, each electric utility shall file an energy efficiency and demand-response plan with the Commission to meet the energy efficiency and demand-response standards for 2011 through 2013. Adds provisions concerning energy efficiency analysis. Makes changes to provisions concerning net electricity metering. Provides that an electric or gas utility may voluntarily elect and commit to undertake the infrastructure investment program consisting of certain commitments and obligations. Further provides that the utility shall recover the expenditures made under the infrastructure investment program through the ratemaking process, including, but not limited to, the formula rate and process. Sets forth additional provisions concerning the approval of the formula rate by the Illinois Commerce Commission, annual formula rate updates, revenue-neutral rate design changes, and performance plans. Provides that after consultation with the Smart Grid Advisory Council, each participating utility shall file a Smart Grid Advanced Metering Infrastructure Deployment Plan with the Commission that meets certain requirements within 180 days after the effective date of the amendatory Act or by November 1, whichever is later, or in the case of a combination utility, by April 1, 2012. Provides for the establishment of the Illinois Science and Energy Innovation Trust. Provides that for each electric utility that serves more than one million retail customers in Illinois, the Agency shall procure within 120 days after the effective date of the amendatory Act one or more multi-year contracts which may be constructed as financial swaps or required physical delivery, subject to certain conditions. Sets forth additional requirements for energy efficiency procurement. Adds provisions concerning the minimum standards for the knowledge, skill, training, experience, and competence levels of participating utilities. Sets forth provisions concerning the Commission establishing certification requirements for distributed generation facility installers. Makes other changes. Effective immediately.House Floor Amendment No. 2 Deletes reference to:20 ILCS 3855/1-56A new20 ILCS 3855/1-76 newAdds reference to:20 ILCS 3855/1-1020 ILCS 3855/1-5620 ILCS 3855/1-75Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Defines "distributed renewable energy generation device". In provisions concerning the Agency's procurement of renewable energy resources and in provisions concerning renewable portfolio standards, provides that, to the extent available, half of the renewable energy resources procured from distributed renewable energy generation shall come from devices of less than 25 kilowatts in nameplate capacity. Provides that renewable energy resources procured from distributed renewable energy generation devices may also count towards the required percentages for wind and solar photovoltaics. Provides that the Agency shall create credit requirements for suppliers of distributed renewable energy. Provides that in order to minimize the administrative burden on contracting entities, the Agency shall solicit the use of third-party organizations to aggregate distributed renewable energy into groups of no less than one megawatt in installed capacity. Provides that these third-party organizations shall administer contracts with individual distributed renewable energy generation device owners. Amends the Public Utilities Act. Provides that no later than October 1, 2010, each electric utility shall file an energy efficiency and demand-response plan with the Commission to meet the energy efficiency and demand-response standards for 2011 through 2013. Adds provisions concerning energy efficiency analysis. Makes changes to provisions concerning net electricity metering. Provides that an electric or gas utility may voluntarily elect and commit to undertake the infrastructure investment program consisting of certain commitments and obligations. Further provides that the utility shall recover the expenditures made under the infrastructure investment program through the ratemaking process, including, but not limited to, the formula rate and process. Sets forth additional provisions concerning the approval of the formula rate by the Illinois Commerce Commission, annual formula rate updates, revenue-neutral rate design changes, and performance plans. Provides that after consultation with the Smart Grid Advisory Council, each participating utility shall file a Smart Grid Advanced Metering Infrastructure Deployment Plan with the Commission that meets certain requirements within 180 days after the effective date of the amendatory Act or by November 1, whichever is later, or in the case of a combination utility, by April 1, 2012. Provides for the establishment of the Illinois Science and Energy Innovation Trust. Provides that for each electric utility that serves more than one million retail customers in Illinois, the Agency shall procure within 120 days after the effective date of the amendatory Act one or more multi-year contracts which may be constructed as financial swaps or required physical delivery, subject to certain conditions. Sets forth additional requirements for energy efficiency procurement. Adds provisions concerning the minimum standards for the knowledge, skill, training, experience, and competence levels of participating utilities. Sets forth provisions concerning the Commission establishing certification requirements for distributed generation facility installers and vendors that install electric vehicle charging stations. Makes other changes. Effective immediately.Fiscal Note, House Committee Amendment No. 1 (Illinois Commerce Commission) In order for the Illinois Commerce Commission to provide the required oversight in the bill, it is estimated that the increased workload would require a total of six staff at a cost of $700,000 annually. The increased need of staff would be in the areas of legal, financial, engineering, and accounting. The only revenue from this bill is anticipated to be two one-time fees of $200,000 each. Thus the Commission would have a $300,000 shortfall the first year, and $700,000 each year thereafter. The Commission doesn't have sufficient resources to meet this increased demand on staff. Fiscal Note, House Floor Amendment No. 2 (Illinois Commerce Commission) Any changes made in SB 1652 (H-AM 2) do not change the fiscal impact to the Commission that is reflected in the fiscal note for SB 1652 (H-AM 1).Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The penalty enhancements associated with SB 1652 (H-AM 1) would have no fiscal or population impact on the Department. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) The penalty enhancements associated with SB 1652 (H-AM 2) would have no fiscal or population impact on the Department. House Floor Amendment No. 3 In the Public Utilities Act, specifies that during the infrastructure investment program's peak program year, a participating utility that is a combination utility shall create 450 full-time equivalent jobs in Illinois related to the provision of electric service. Provides that the Commission shall, after notice and hearing, enter its order approving, or approving as modified, or denying a petition by a participating utility to satisfy its infrastructure investment program commitments by spending less than the estimated amounts within 150 days after the filing of the petition. In a provision providing that a participating utility may modify its plan so as not to exceed a certain limitation imposed under the Act and may propose corresponding changes to the performance metrics, provides that the Commission may (instead of shall) modify the metrics and incremental savings goals. Provides that if the tariff is filed within 14 days after the effective date of the amendatory Act, then the Commission shall enter an order approving, or approving as modified, the performance-based formula rate by May 31, 2012 (instead of March 31, 2012). In a provision concerning Commission hearings on the prudence and reasonableness of the costs reflected in the performance-based formula rate, provides that each objection during the hearing shall be stated with particularity and evidence (instead of substantial evidence) provided in support of the objection. Provides that a participating utility's first filing of the updated cost inputs, and any Commission investigation of such inputs specified provision of the Act shall proceed notwithstanding the fact that the Commission's investigation under the Act is still pending and notwithstanding any other law, order, rule, or Commission practice to the contrary. Makes changes to provisions concerning financial penalties imposed by the Commission on a utility for failing to achieve one or more of the metrics. Makes changes to provisions concerning a report that a participating utility must file with the Commission on or before July 31, 2014. Provides that the cost of the independent auditor attesting the accuracy of the participating utility's report shall be borne by the participating utility and shall not be a recoverable expense. Makes other changes.State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1652 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1652 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) This legislation will not impact any public pension fund in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) This legislation will not impact any public pension fund in Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1652 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1652 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 1652 (H-AM 3) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.Fiscal Note, House Floor Amendment No. 3 (Illinois Commerce Commission) Any changes made in SB 1652 (H-AM 3) do not change the fiscal impact to the Commission that is reflected in the fiscal note for SB 1652 (H-AM 1).Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in this bill, therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in this bill, therefore, there are no appraisals to be filed. Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) This legislation will not impact any public pension fund in Illinois. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) There are no penalty enhancements associated with SB 1652 (H-AM 3) that would have no fiscal or population impact on the Department. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) Does not pre-empt home rule authority.Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) Does not pre-empt home rule authority.State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Housing Affordability Impact Note (Housing Development Authority) Cost increases and cost savings would vary by individual owner, and depend on factors such as homeowners' utility usage, location of the home, and the ratio structure from the utility company serving that residential area. Judicial Note (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State.Housing Affordability Impact Note (Housing Development Authority) Cost increases and cost savings would vary by individual owner, and depend on factors such as homeowners' utility usage, location of the home, and the ratio structure from the utility company serving that residential area. Balanced Budget Note (Office of Management and Budget) The Bill as amended will have minimal fiscal impact to the State. Balanced Budget Note (Office of Management and Budget) The Bill as amended will have minimal fiscal impact to the State. 2/9/2011SenateFiled with Secretary by Sen. Don Harmon 2/9/2011SenateFirst Reading 2/9/2011SenateReferred to Assignments 2/23/2011SenateAssigned to Energy 3/10/2011SenateDo Pass Energy; 013-000-000 3/10/2011SenatePlaced on Calendar Order of 2nd Reading March 14, 2011 3/15/2011SenateSecond Reading 3/15/2011SenatePlaced on Calendar Order of 3rd Reading March 16, 2011 4/15/2011SenateThird Reading - Passed; 054-000-000 4/15/2011HouseArrived in House 4/29/2011HousePlaced on Calendar Order of First Reading 4/29/2011HouseChief House Sponsor Rep. Thomas Holbrook 5/3/2011HouseFirst Reading 5/3/2011HouseReferred to Rules Committee 5/4/2011HouseAssigned to Executive Committee 5/5/2011HouseAlternate Chief Sponsor Changed to Rep. Kevin A. McCarthy 5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011 5/16/2011HouseRe-assigned to Public Utilities Committee 5/16/2011HouseMotion Filed to Suspend Rule 25 Public Utilities Committee; Rep. Barbara Flynn Currie 5/16/2011HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote 5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011 5/25/2011SenateAdded as Co-Sponsor Sen. John J. Millner 5/25/2011SenateAdded as Chief Co-Sponsor Sen. Michael Noland 5/25/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kevin A. McCarthy 5/25/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/26/2011HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost 5/26/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dave Winters 5/26/2011HouseAdded Alternate Chief Co-Sponsor Rep. David Reis 5/26/2011HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin 5/27/2011HouseAlternate Chief Co-Sponsor Removed Rep. David Reis 5/27/2011HouseHouse Committee Amendment No. 1 Rules Refers to Public Utilities Committee 5/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dan Reitz 5/27/2011HouseHouse Committee Amendment No. 1 Adopted in Public Utilities Committee; by Voice Vote 5/27/2011HouseDo Pass as Amended / Short Debate Public Utilities Committee; 021-000-002 5/27/2011HousePlaced on Calendar 2nd Reading - Short Debate 5/27/2011HouseSecond Reading - Short Debate 5/27/2011HouseHeld on Calendar Order of Second Reading - Short Debate 5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011 5/27/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kevin A. McCarthy 5/27/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/28/2011HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Elaine Nekritz 5/28/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Elaine Nekritz 5/29/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/29/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended 5/29/2011HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kevin A. McCarthy 5/29/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee 5/29/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Elaine Nekritz 5/29/2011HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended 5/29/2011HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000 5/29/2011HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 3 State Debt Impact Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 3 Fiscal Note Filed as Amended 5/29/2011HouseHouse Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended 5/29/2011HouseHouse Floor Amendment No. 3 Pension Note Filed as Amended 5/30/2011HouseHouse Floor Amendment No. 3 Correctional Note Filed as Amended 5/30/2011HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended 5/30/2011HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended 5/30/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended 5/30/2011HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended 5/30/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 5/30/2011HouseHouse Floor Amendment No. 3 Adopted by Voice Vote 5/30/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2011HouseThird Reading - Short Debate - Passed 067-047-001 5/30/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2, 3 5/30/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - May 31, 2011 5/30/2011SenateHousing Affordability Impact Note Filed as amended by HA's 2 & 3 from the Illinois Housing Development Authority 5/30/2011SenateJudicial Note Filed as amended by HA's 1, 2 & 3, from the Administrative Office of the Illinois Courts. 5/30/2011SenateHousing Affordability Impact Note Filed as amended by HA 1, from the Illinois Housing Development Authority 5/30/2011SenateChief Sponsor Changed to Sen. Mike Jacobs 5/30/2011SenateAdded as Chief Co-Sponsor Sen. John O. Jones 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mike Jacobs 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/30/2011SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Mike Jacobs 5/30/2011SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 5/30/2011SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Mike Jacobs 5/30/2011SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Energy 5/30/2011SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Energy 5/30/2011SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Energy 5/31/2011SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Energy; 013-004-002 5/31/2011SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Energy; 013-004-002 5/31/2011SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Energy; 013-004-002 5/31/2011SenateBalanced Budget Note Filed as amended by HA's 1 & 2, from the Governor's Office of Management & Budget. 5/31/2011SenateBalanced Budget Note Filed as amended by HA 03, from the Governor's Office of Management & Budget. 5/31/2011SenateHouse Committee Amendment No. 1 Senate Concurs 031-024-004 5/31/2011SenateHouse Floor Amendment No. 2 Senate Concurs 031-024-004 5/31/2011SenateHouse Floor Amendment No. 3 Senate Concurs 031-024-004 6/1/2011SenateMotion Filed to Reconsider Vote Sen. John J. Cullerton 8/26/2011SenateMotion Withdrawn Sen. John J. Cullerton 8/26/2011SenatePassed Both Houses 8/29/2011SenateSent to the Governor 9/12/2011SenateGovernor Vetoed 10/12/2011SenatePlaced Calendar Total Veto October 25, 2011 10/26/2011SenateMotion Filed Override Governor Veto Sen. Mike Jacobs 10/26/2011SenateSponsor Removed Sen. Michael Noland 10/26/2011Senate3/5 Vote Required 10/26/2011SenateOverride Governor Veto - Senate Passed 036-019-002 10/26/2011HouseArrived in House 10/26/2011HousePlaced on Calendar Total Veto October 26, 2011 10/26/2011HouseMotion Filed Override Governor Veto Rep. Kevin A. McCarthy 10/26/2011House3/5 Vote Required 10/26/2011HouseOverride Governor Veto - House Passed 074-042-000 10/26/2011SenateBoth Houses Override Total Veto 10/31/2011SenateEffective Date October 26, 2011 10/31/2011SenatePublic Act . . . . . . . . . 97-0616