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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0692
Introduced 2/6/2009, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Provides that notwithstanding the definition of "eligible customer" in a specified provision, each electricity provider shall allow meter aggregation for the purposes of net metering eligible renewable electrical generating facilities owned or operated by school districts, community college districts, or units of local government pursuant to an intergovernmental agreement. Provides that electricity providers shall provide net metering to all parties to the intergovernmental agreement so that all energy produced by the eligible renewable electrical generating facilities is applied as a 1:1 kilowatt hour credit for each party to the intergovernmental agreement. Provides that electricity providers shall carry over any excess kilowatt-hour credits earned and apply those credits to subsequent billing periods to offset any customer-generated consumption until all credits are used or until the end of the annualized period. Provides that the electricity provider shall not discontinue meter aggregation as long as the intergovernmental agreement described in specified provisions is in effect. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB0692 |
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LRB096 07462 MJR 17554 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 changing |
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| Section 16-107.5 as follows: |
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| (220 ILCS 5/16-107.5)
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| Sec. 16-107.5. Net electricity metering. |
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| (a) The Legislature finds and declares that a program to |
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| provide net electricity
metering, as defined in this Section,
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| for eligible customers can encourage private investment in |
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| renewable energy
resources, stimulate
economic growth, enhance |
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| the continued diversification of Illinois' energy
resource |
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| mix, and protect
the Illinois environment.
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| (b) As used in this Section, (i) "eligible customer" means |
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| a retail
customer that owns or operates a
solar, wind, or other |
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| eligible renewable electrical generating facility with a rated |
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| capacity of not more than
2,000 kilowatts that is
located on |
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| the customer's premises and is intended primarily to offset the |
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| customer's
own electrical requirements; (ii) "electricity |
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| provider" means an electric utility or alternative retail |
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| electric supplier; (iii) "eligible renewable electrical |
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| generating facility" means a generator powered by solar |
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| electric energy, wind, dedicated crops grown for electricity |
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LRB096 07462 MJR 17554 b |
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| generation, anaerobic digestion of livestock or food |
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| processing waste, fuel cells or microturbines powered by |
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| renewable fuels, or hydroelectric energy; and (iv) "net |
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| electricity metering" (or "net metering") means the
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| measurement, during the
billing period applicable to an |
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| eligible customer, of the net amount of
electricity supplied by |
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| an
electricity provider to the customer's premises or provided |
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| to the electricity provider by the customer.
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| (c) A net metering facility shall be equipped with metering |
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| equipment that can measure the flow of electricity in both |
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| directions at the same rate. For eligible residential |
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| customers, this shall typically be accomplished through use of |
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| a single, bi-directional meter. If the eligible customer's |
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| existing electric revenue meter does not meet this requirement, |
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| the electricity provider shall arrange for the local electric |
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| utility or a meter service provider to install and maintain a |
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| new revenue meter at the electricity provider's expense. For |
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| non-residential customers, the electricity provider may |
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| arrange for the local electric utility or a meter service |
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| provider to install and maintain metering equipment capable of |
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| measuring the flow of electricity both into and out of the |
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| customer's facility at the same rate and ratio, typically |
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| through the use of a dual channel meter. For generators with a |
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| nameplate rating of 40 kilowatts and below, the costs of |
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| installing such equipment shall be paid for by the electricity |
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| provider. For generators with a nameplate rating over 40 |
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HB0692 |
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LRB096 07462 MJR 17554 b |
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| kilowatts and up to 2,000 kilowatts capacity, the costs of |
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| installing such equipment shall be paid for by the customer. |
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| Any subsequent revenue meter change necessitated by any |
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| eligible customer shall be paid for by the customer.
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| (d) An electricity provider shall
measure and charge or |
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| credit for the net
electricity supplied to eligible customers |
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| or provided by eligible customers in
the following manner:
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| (1) If the amount of electricity used by the customer |
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| during the billing
period exceeds the
amount of electricity |
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| produced by the customer, the electricity provider shall |
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| charge the customer for the net electricity supplied to and |
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| used
by the customer as provided in subsection (e) of this |
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| Section.
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| (2) If the amount of electricity produced by a customer |
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| during the billing period exceeds the amount of electricity |
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| used by the customer during that billing period, the |
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| electricity provider supplying that customer shall apply a |
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| 1:1 kilowatt-hour credit to a subsequent bill for service |
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| to the customer for the net electricity supplied to the |
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| electricity provider. The electricity provider shall |
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| continue to carry over any excess kilowatt-hour credits |
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| earned and apply those credits to subsequent billing |
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| periods to offset any customer-generator consumption in |
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| those billing periods until all credits are used or until |
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| the end of the annualized period.
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| (3) At the end of the year or annualized over the |
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LRB096 07462 MJR 17554 b |
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| period that service is supplied by means of net metering, |
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| or in the event that the retail customer terminates service |
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| with the electricity provider prior to the end of the year |
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| or the annualized period, any remaining credits in the |
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| customer's account shall expire.
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| (e) An electricity provider shall provide to net metering |
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| customers electric service at non-discriminatory rates that |
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| are identical, with respect to rate structure, retail rate |
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| components, and any monthly charges, to the rates that the |
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| customer would be charged if not a net metering customer. An |
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| electricity provider shall not charge net metering customers |
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| any fee or charge or require additional equipment, insurance, |
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| or any other requirements not specifically authorized by |
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| interconnection standards authorized by the Commission, unless |
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| the fee, charge, or other requirement would apply to other |
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| similarly situated customers who are not net metering |
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| customers. The customer will remain responsible for all taxes, |
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| fees, and utility delivery charges that would otherwise be |
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| applicable to the net amount of electricity used by the |
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| customer. Subsections (c) through (e) of this Section shall not |
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| be construed to prevent an arms-length agreement between an |
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| electricity provider and an eligible customer that sets forth |
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| different prices, terms, and conditions for the provision of |
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| net metering service, including, but not limited to, the |
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| provision of the appropriate metering equipment for |
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| non-residential customers.
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HB0692 |
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LRB096 07462 MJR 17554 b |
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| (f) Notwithstanding the requirements of subsections (c) |
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| through (e) of this Section, an electricity provider must |
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| require dual-channel metering for non-residential customers |
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| operating eligible renewable electrical generating facilities |
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| with a nameplate rating over 40 kilowatts and up to 2,000 |
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| kilowatts. In such cases, electricity charges and credits shall |
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| be determined as follows:
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| (1) The electricity provider shall assess and the |
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| customer remains responsible for all taxes, fees, and |
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| utility delivery charges that would otherwise be |
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| applicable to the gross amount of kilowatt-hours supplied |
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| to the eligible customer by the electricity provider. |
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| (2) Each month that service is supplied by means of |
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| dual-channel metering, the electricity provider shall |
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| compensate the eligible customer for any excess |
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| kilowatt-hour credits at the electricity provider's |
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| avoided cost of electricity supply over the monthly period |
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| or as otherwise specified by the terms of a power-purchase |
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| agreement negotiated between the customer and electricity |
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| provider. |
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| (3) For all eligible net metering customers taking |
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| service from an electricity provider under contracts or |
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| tariffs employing time of use rates, any monthly |
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| consumption of electricity shall be calculated according |
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| to the terms of the contract or tariff to which the same |
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| customer would be assigned to or be eligible for if the |
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LRB096 07462 MJR 17554 b |
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| customer was not a net metering customer. When those same |
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| customer-generators are net generators during any discrete |
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| time of use period, the net kilowatt-hours produced shall |
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| be valued at the same price per kilowatt-hour as the |
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| electric service provider would charge for retail |
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| kilowatt-hour sales during that same time of use period.
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| (g) For purposes of federal and State laws providing |
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| renewable energy credits or greenhouse gas credits, the |
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| eligible customer shall be treated as owning and having title |
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| to the renewable energy attributes, renewable energy credits, |
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| and greenhouse gas emission credits related to any electricity |
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| produced by the qualified generating unit. The electricity |
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| provider may not condition participation in a net metering |
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| program on the signing over of a customer's renewable energy |
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| credits; provided, however, this subsection (g) shall not be |
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| construed to prevent an arms-length agreement between an |
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| electricity provider and an eligible customer that sets forth |
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| the ownership or title of the credits.
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| (h) Within 120 days after the effective date of this
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| amendatory Act of the 95th General Assembly, the Commission |
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| shall establish standards for net metering and, if the |
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| Commission has not already acted on its own initiative, |
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| standards for the interconnection of eligible renewable |
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| generating equipment to the utility system. The |
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| interconnection standards shall address any procedural |
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| barriers, delays, and administrative costs associated with the |
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HB0692 |
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LRB096 07462 MJR 17554 b |
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| interconnection of customer-generation while ensuring the |
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| safety and reliability of the units and the electric utility |
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| system. The Commission shall consider the Institute of |
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| Electrical and Electronics Engineers (IEEE) Standard 1547 and |
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| the issues of (i) reasonable and fair fees and costs, (ii) |
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| clear timelines for major milestones in the interconnection |
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| process, (iii) nondiscriminatory terms of agreement, and (iv) |
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| any best practices for interconnection of distributed |
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| generation.
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| (i) All electricity providers shall begin to offer net |
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| metering
no later than April 1,
2008.
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| (j) An electricity provider shall provide net metering to |
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| eligible
customers until the load of its net metering customers |
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| equals 1% of
the total peak demand supplied by
that electricity |
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| provider during the
previous year. Electricity providers are |
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| authorized to offer net metering beyond
the 1% level if they so |
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| choose. The number of new eligible customers with generators |
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| that have a nameplate rating of 40 kilowatts and below will be |
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| limited to 200 total new billing accounts for the utilities |
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| (Ameren Companies, ComEd, and MidAmerican) for the period of |
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| April 1, 2008 through March 31, 2009.
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| (k) Each electricity provider shall maintain records and |
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| report annually to the Commission the total number of net |
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| metering customers served by the provider, as well as the type, |
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| capacity, and energy sources of the generating systems used by |
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| the net metering customers. Nothing in this Section shall limit |
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HB0692 |
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LRB096 07462 MJR 17554 b |
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| the ability of an electricity provider to request the redaction |
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| of information deemed by the Commission to be confidential |
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| business information. Each electricity provider shall notify |
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| the Commission when the total generating capacity of its net |
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| metering customers is equal to or in excess of the 1% cap |
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| specified in subsection (j) of this Section. |
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| (l) Notwithstanding the definition of "eligible customer" |
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| in item (i) of subsection (b) of this Section, each electricity |
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| provider shall consider whether to allow meter aggregation for |
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| the purposes of net metering on:
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| (1) properties owned or leased by multiple customers |
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| that contribute to the operation of an eligible renewable |
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| electrical generating facility, such as a community-owned |
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| wind project or a community methane digester processing |
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| livestock waste from multiple sources; and
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| (2) individual units, apartments, or properties owned |
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| or leased by multiple customers and collectively served by |
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| a common eligible renewable electrical generating |
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| facility, such as an apartment building served by |
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| photovoltaic panels on the roof.
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| For the purposes of this subsection (l), "meter |
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| aggregation" means the combination of reading and billing on a |
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| pro rata basis for the types of eligible customers described in |
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| this Section.
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| (l-5) Notwithstanding the definition of "eligible |
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| customer" in item (i) of subsection (b) of this Section, each |
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HB0692 |
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LRB096 07462 MJR 17554 b |
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| electricity provider shall allow meter aggregation for the |
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| purposes of net metering eligible renewable electrical |
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| generating facilities owned or operated by school districts, |
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| community college districts, or units of local government |
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| pursuant to an intergovernmental agreement. Electricity |
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| providers shall provide net metering to all parties to the |
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| intergovernmental agreement so that all energy produced by the |
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| eligible renewable electrical generating facilities is applied |
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| as a 1:1 kilowatt hour credit for each party to the |
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| intergovernmental agreement. Electricity providers shall carry |
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| over any excess kilowatt-hour credits earned and apply those |
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| credits to subsequent billing periods to offset any |
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| customer-generated consumption until all credits are used or |
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| until the end of the annualized period. The electricity |
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| provider shall not discontinue meter aggregation as long as the |
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| intergovernmental agreement described in this subsection (l-5) |
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| is in effect. |
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| For the purposes of this subsection (l-5), "meter |
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| aggregation" means the combination of reading and billing on a |
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| pro rata basis for the types of eligible customers described in |
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| this Section. |
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| (m) Nothing in this Section shall affect the right of an |
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| electricity provider to continue to provide, or the right of a |
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| retail customer to continue to receive service pursuant to a |
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| contract for electric service between the electricity provider |
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| and the retail customer in accordance with the prices, terms, |