PUBLIC UTIL-PERFORMANCE-BASED Senate SponsorsSen. John J. Cullerton-Christine Radogno, David S. Luechtefeld, Gary Forby and Sue Rezin-Pamela J. Althoff-Linda Holmes House Sponsors(Rep. Lou Lang-Tom Cross-Daniel J. Burke-Patricia R. Bellock-Robert W. Pritchard, Rich Brauer and Marcus C. Evans, Jr.) 5/23/2013SenatePublic Act . . . . . . . . . 98-0015 220 ILCS 5/1-101from Ch. 111 2/3, par. 1-101Amends the Public Utilities Act. Makes a technical change in the short title Section.Senate Committee Amendment No. 1 Deletes reference to:220 ILCS 5/1-101Adds reference to:220 ILCS 5/4-301from Ch. 111 2/3, par. 4-301220 ILCS 5/16-108.5Replaces everything after the enacting clause. Amends the Public Utilities Act. Requires the Illinois Commerce Commission to make a report to the Governor, the General Assembly, or either branch of the General Assembly (rather than the Governor) upon request. In provisions concerning recovery of delivery service costs through performance-based formula rate tariffs, makes changes concerning how the Illinois Commerce Commission shall determine the investment return on certain pension assets. Allows a utility to retroactively recover certain costs of delivery service (to the extent not recovered through reconciliation) by assessing a surcharge reflecting those unrecovered costs with interest at the utility's weighted average cost of capital during the period in which those costs were unrecovered. Provides that the utility's filing on its updated cost inputs to the performance-based formula rate shall also include a reconciliation of the revenue requirement that was in effect for the prior rate year (as set by the cost inputs for the prior rate year) with the actual revenue requirement for the prior rate year (determined using a year-end rate base) that uses amounts reflected in the applicable FERC Form 1 that reports the actual costs for the prior rate year. Makes other changes concerning the updated cost inputs to the performance-based formula rate. States that the changes are intended to (i) be a restatement and clarification of existing law, (ii) give binding effect to specified legislative intent, and (iii) supersede specified final orders of the Commission. Provides that each participating utility shall be deemed to have been in full compliance with all requirements of certain provisions of this Act and all Commission orders entered pursuant to specified provisions. Provides that the Commission shall not undertake any investigation of such compliance and no penalty shall be assessed or adverse action taken against a participating utility for non-compliance with Commission orders associated with this Act. Makes other changes. Effective immediately.Senate Floor Amendment No. 2 Provides that each participating utility other than a combination utility shall be permitted, without penalty, a period of 12 months (instead of 18 months) to ensure its infrastructure investment program is in compliance with certain provisions of the Act. Adds language that provides that, for a participating utility other than a combination utility, depending on the effective date of the amendatory Act, if the Commission has (i) initiated a proceeding that is pending as of the effective date, then the order entered shall accelerate the commencement of the meter deployment schedule; (ii) entered an order prior to the effective date that does not accelerate the commencement of the meter deployment schedule, then the utility shall file with the Commission a plan for accelerating the commencement of the utility's meter deployment schedule; or (iii) not initiated a proceeding prior to the effective date, then the utility shall file with the Commission a plan for accelerating the commencement of the utility's meter deployment schedule approved in the final Commission order and the Commission shall approve or approve as modified such plan within 90 days after the utility's filing. Provides that any schedule for meter deployment approved by the Commission shall take into consideration procurement times for meters and other equipment and operational issues. 1/9/2013SenateFiled with Secretary by Sen. John J. Cullerton 1/9/2013SenateFirst Reading 1/9/2013SenateReferred to Assignments 1/30/2013SenateAssigned to Executive 2/5/2013SenatePostponed - Executive 2/13/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 2/13/2013SenateSenate Committee Amendment No. 1 Referred to Assignments 2/13/2013SenateAdded as Co-Sponsor Sen. David S. Luechtefeld 2/13/2013SenateAdded as Co-Sponsor Sen. Gary Forby 2/13/2013SenateAdded as Co-Sponsor Sen. Sue Rezin 2/13/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Executive 2/13/2013SenateAdded as Chief Co-Sponsor Sen. Christine Radogno 2/13/2013SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff 2/13/2013SenateAdded as Chief Co-Sponsor Sen. Linda Holmes 2/13/2013SenateSenate Committee Amendment No. 1 Adopted 2/13/2013SenateDo Pass as Amended Executive; 014-000-000 2/13/2013SenatePlaced on Calendar Order of 2nd Reading February 13, 2013 2/13/2013SenateSecond Reading 2/13/2013SenatePlaced on Calendar Order of 3rd Reading February 14, 2013 3/12/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 3/12/2013SenateSenate Floor Amendment No. 2 Referred to Assignments 3/13/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Executive 3/13/2013SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 012-001-000 3/14/2013SenateRecalled to Second Reading 3/14/2013SenateSenate Floor Amendment No. 2 Adopted; J. Cullerton 3/14/2013SenatePlaced on Calendar Order of 3rd Reading 3/14/2013SenateThird Reading - Passed; 044-009-001 3/14/2013HouseArrived in House 3/14/2013HouseChief House Sponsor Rep. Lou Lang 3/14/2013HouseFirst Reading 3/14/2013HouseReferred to Rules Committee 3/14/2013HouseAssigned to Public Utilities Committee 3/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Tom Cross 3/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Daniel J. Burke 3/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Patricia R. Bellock 3/19/2013HouseAdded Alternate Chief Co-Sponsor Rep. Robert W. Pritchard 3/20/2013HouseDo Pass / Short Debate Public Utilities Committee; 021-000-000 3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate 3/20/2013HouseSecond Reading - Short Debate 3/20/2013HouseHeld on Calendar Order of Second Reading - Short Debate 3/21/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate 3/21/2013HouseThird Reading - Short Debate - Passed 086-028-003 3/21/2013HouseAdded Alternate Co-Sponsor Rep. Rich Brauer 3/21/2013HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr. 3/21/2013SenatePassed Both Houses 3/21/2013SenateSent to the Governor 5/6/2013SenateGovernor Vetoed 5/6/2013SenatePlaced Calendar Total Veto May 7, 2013 5/21/2013SenateMotion Filed Override Governor Veto Sen. John J. Cullerton 5/21/2013Senate3/5 Vote Required 5/21/2013SenateOverride Governor Veto - Senate Passed 044-011-001 5/21/2013HouseArrived in House 5/21/2013HousePlaced on Calendar Total Veto May 21, 2013 5/21/2013HouseMotion Filed Override Governor Veto Rep. Lou Lang 5/22/2013House3/5 Vote Required 5/22/2013HouseOverride Governor Veto - House Passed 071-041-005 5/22/2013SenateBoth Houses Override Total Veto 5/23/2013SenateEffective Date May 22, 2013 5/23/2013SenatePublic Act . . . . . . . . . 98-0015