Section 462.10  Definitions

 

Terms defined in Section 16-128B of the Public Utilities Act shall have the same meaning for purposes of this Part as they have under Section 16-128B of the Public Utilities Act, unless further defined in this Part. The following terms, when used in this Part, shall have the meaning ascribed to them in this Section.

 

"Act" means the Public Utilities Act [220 ILCS 5].

 

"Applicant" means an entity seeking to be an installer as defined in this Part that files an application with the Commission requesting certification pursuant to Section 16-128B of the Act.

 

"Best's financial size category" refers to a numerical value that A.M. Best Company or its successor assigns to an insurance company based on the amount of that insurance company's policyholders' surplus and reserve funds.

 

"Best's rating" refers to a rating from A.M. Best Company or its successor that provides an overall opinion of an insurance company's ability to meet its obligations to policyholders.

 

"Certificate holder" means an entity that has received certification pursuant to this Part.

 

"Commercial general liability insurance" means insurance that covers suits against the insured for personal injury and property damages.

 

"Commission" means the Illinois Commerce Commission.

 

"Company", when used in connection with a public utility, means any 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, owning, holding, operating, controlling or managing such a public utility, but not municipal corporations. "Company", when used other than in connection with a public utility, includes any corporation, company, limited liability company, association, joint stock company or association, firm or partnership, but does not include municipal corporations. [220 ILCS 5/3-112]

 

"Corporation" means any corporation, company, limited liability company, association, joint stock company or association, but not municipal corporations. [220 ILCS 5/3-113]

 

"Directly supervised" means that there is a qualified person on-site available for consultation and review of the installation energy efficiency measures performed by apprentices.

 

"Electric utility" means a public utility, as defined in Section 3-105 of the Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area. [220 ILCS 5/3-105 and 16-102.]

 

"Energy efficiency" means measures that reduce the amount of electricity or natural gas required to achieve a given end use. "Energy efficiency" also includes measures that reduce the total Btus of electricity and natural gas needed to meet the end use or uses. [20 ILCS 3855/1-10]

 

"Entity" means a company or corporation or person or limited liability partnership that is involved in the business of performing installations of an energy efficiency measure or measures.

 

"Installer" means an entity that performs installations. 

 

"Installation" means connecting, in accordance with applicable building and electrical codes, the conductors, connectors and all associated fittings, devices or apparatuses mounted at the premises that are directly involved in delivering energy from the premises' electrical wiring to the energy efficiency measure.  Installation does not include making electrical connections using Class 2 circuits as described in the NEC. 

 

"Insurance Code" means the Illinois Insurance Code [215 ILCS 5].

 

"NEC" means the National Electrical Code adopted by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02169 (NFPA 70), effective August 24, 2016.

 

"Person" means an individual, firm, limited liability company or co-partnership [220 ILCS 5/3-114].

 

"Premises and operations insurance" means coverage that pays for bodily injury or property damage that occurs on an entity's premises or as a result of an entity's business operations.

 

"Products and completed operations insurance" means coverage that pays for bodily injury and property damage that occurs away from an entity's business premises and is caused by the entity's products or completed work.

 

"Qualified person" means an individual who performs installations and who has either satisfactorily completed at least five installations, or has completed an apprenticeship as a journeyman electrician from a USDOL Registered Electrician Apprenticeship and Training Program, or graduated with a certificate or degree related to the duties of an installer granted by a regionally accredited educational institution.

 

"Rules of Practice" means the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

"Self-Installer" means an individual who performs installations on premises owned or occupied by the individual or an employee who performs installations on premises owned or occupied by that employee's employer. 

 

"Surplus Line Association of Illinois" means an organization of Illinois surplus line producers created by Section 445.1 of the Insurance Code.

 

"USDOL certification of satisfactory completion" means that person has received a nationally recognized and portable Certificate of Completion from a United States Department of Labor (USDOL) registered apprenticeship program.

 

"USDOL-registered electrician apprenticeship program" means an electrician apprenticeship training program that is certified by USDOL.

 

"Voltage optimization measures" means measures that optimize the voltage at points on the electric distribution voltage system and thereby reduce consumption by electric customers' end use devices.

 

Section 462.20  Applicability

 

After January 1, 2018, with the exception of a self-installer, all installers in the State of Illinois shall be subject to certification by the Commission under this Part. 

 

Section 462.30  Application Procedures

 

a)         The applicant shall file its application for certification under this Part and provide all information required by this Part.

 

b)         Contents of documents filed by applicants shall be consistent with Subpart B of the Rules of Practice. 

 

c)         Applications for certification shall be submitted with the applicable fee payment (see Section 462.110). 

 

d)         Applications for certification under this Part shall be filed with the Chief Clerk of the Commission and shall be verified pursuant to Section 200.130 of the Rules of Practice.  Applications by a corporation shall be verified by a corporate officer.

 

e)         An entity may complete the certification process after completing an installation.  

 

Section 462.40  Required Application Information

 

Applications for certification under this Part shall contain the following information:

 

a)         The applicant's name (including d/b/a, if any), street address, telephone number, facsimile number, website and e-mail address. The applicant shall provide the business name as it appears on its Illinois Secretary of State's registration, including any and all assumed business names. This information shall be kept current and any change shall be filed with the Chief Clerk of the Commission within 15 days after the change occurs.

 

b)         Contact information, including names, addresses, telephone numbers, facsimile numbers and e-mail addresses, for persons or entities responsible for issues related to processing the application.

 

c)         Applicant's Federal Employer Identification Number (FEIN) or Taxpayer Identification Number (TIN), as applicable.

 

d)         A certification that the applicant will comply with informational and reporting requirements established by this Part.

 

e)         A statement that the applicant agrees to accept service by electronic means as provided for in Section 200.1050 of the Rules of Practice.

 

f)         An applicant shall have in force, and provide proof that it has in force, general liability insurance that shall remain in effect for a period of not less than one year.

 

1)         The applicant shall have commercial general liability insurance, which is comprised of premises and operations insurance and products and complete operations insurance, with a coverage limit of at least $100,000 per occurrence and $300,000 aggregate limits for bodily injury.

 

2)         In addition, the applicant shall have property damage insurance with limits of at least $25,000 or shall have a policy with a single limit for bodily injury and property damage of at least $300,000 per occurrence and $300,000 aggregate limits.

 

3)         The commercial general liability insurance must be maintained with an insurance company whose Best's rating is A- or better and whose Best's financial size category is VII or larger:

 

A)        that is either authorized to transact business in Illinois; or

 

B)        whose contract of insurance is issued pursuant to Section 445 or 445a of the Insurance Code and countersigned by the Surplus Line Association of Illinois or its successor.

 

4)         The applicant shall provide a certificate of insurance as part of its application for certification. If the applicant renews or makes changes in its insurance coverage, the insurance coverage must be continuous and without interruption. The certificate of insurance and the insurance policies shall contain a provision that coverage afforded under the policies shall not be cancelled, allowed to expire, or subjected to a reduction in the limits in any manner unless at least 30 days' prior written notice (10 days' notice in the case of nonpayment of premium) has been given to the Commission. The applicant shall file a copy of the additional or replacement certificate of insurance with the Chief Clerk of the Commission and provide a copy to the "Policy Division – EE Installer Insurance Compliance" or its successor at least 15 days in advance of the effective date of the certificate of insurance. The filing shall include a cover letter that explains the purpose of the filing and shall be identified by the name of the applicant as it appears in the most recent Commission order granting the EE Installer certification.

 

Section 462.50  Certification Requirements

 

An applicant shall be certified if it certifies that:

 

a)         It will remain in compliance with all applicable laws and regulations and Commission rules and orders including, but not limited to, the requirements of Sections 16-128(a) and 16-128B of the Act and this Part.

 

b)         It will ensure that its employees, agents or contractors that install energy efficiency measures, or the employees, agents or contractors of any entity, agent or contractor with which it has contracted to perform those functions within the State of Illinois, shall:

 

1)         Comply with applicable building and electrical codes, including those contained in the NEC; and

 

2)         Comply with the energy efficiency measure manufacturer's installation instructions.

 

c)         It will comply with applicable municipal licensing and bonding requirements to do business in the State of Illinois.

 

d)         Every installation of an energy efficiency measure will only be performed by:

 

1)         a qualified person;

 

2)         a person licensed as an electrical contractor in at least one municipality in the State of Illinois who is not a qualified person, provided he/she is directly supervised by a qualified person; or

 

3)         a person enrolled in either an apprenticeship as a journeyman electrician from a USDOL Registered Electrician Apprenticeship and Training Program or certificate or degree program accredited by an educational institute related to the duties of an installer that, upon satisfactory completion, will meet the requirement to become a qualified person, provided he/she is directly supervised by a qualified person.

 

e)         It is licensed to do business in the State of Illinois.

 

Section 462.60  Certifications Conditioned Upon Compliance

 

Each certification issued to an applicant is conditioned upon compliance with the provisions of this Part and Sections 16-128(a) and 16-128B of the Act.  Violation of this Part or the Act makes the installer subject to penalties, including certificate suspension, revocation, fines or a combination of sanctions.

 

Section 462.70  Annual Recertification and Reporting

 

a)         A certificate holder shall recertify annually to remain in good standing with the Commission. Recertification involves submitting a Recertification Report that includes the information required by subsection (c) and, for any late reports, any applicable late fees (see Section 462.110).

 

b)         By June 1 of each year, each certificate holder shall submit a Recertification Report identified with the name of the certificate holder as it appears in the most recent Commission order granting certification under this Part. The report shall be filed with the Chief Clerk of the Commission and shall be verified by a corporate officer pursuant to Section 200.130 of the Rules of Practice.

 

c)         The Recertification Report shall contain the following information:

 

1)         A statement certifying that the certificate holder continues to maintain the required qualifications for the service authority granted in its certificate;

 

2)         A statement confirming the certificate holder's continuing compliance with all requirements set forth in this Part and Sections 16-128(a) and 16-128B of the Act;

 

3)         The number of energy efficiency measure installations that a certificate-holder installed classified as residential or commercial during the prior calendar year; and

 

4)         The name, telephone number, email address and mailing address of at least one person designated by the certificate holder to address questions pertaining to the report.

 

d)         The report shall not contain customer identifying information.

 

e)         A certificate holder that does not submit a Recertification Report within 30 days after the June 1 annual recertification date is subject to late fees as specified in Section 462.110.

 

Section 462.80  Complaint Procedures

 

Complaints shall be filed in conformance with Sections 200.160 and 200.170 of the Rules of Practice and 83 Ill. Adm. Code 280.170.  The complaint shall comply with the Rules of Practice.

 

Section 462.90  Commission Oversight

 

a)         Upon complaint or on the Commission's own motion, the Commission may investigate any and all activities subject to this Part or Sections 16-128(a) and 16-128B of the Act, including violations of this Part or of those statutes.

 

b)         If, after notice and hearing, the Commission determines that an entity is performing the work of an installer without completing Commission certification despite being notified by the Staff of the Commission to complete the installer certification process, the Commission shall issue penalties for noncompliance.

 

c)         If, after notice and a hearing, the Commission determines that a certificate holder has not submitted a Recertification Report within 130 days after the June 1 date established under Section 462.70, or pursuant to findings related to subsection (a) or (b) of this Section, the Commission may revoke the certification of the certificate holder.

 

Section 462.100  Maintenance of Records

 

The applicant or certificate holder shall agree to adopt and follow rules and procedures ensuring that documentation regarding installations is retained for a period of not less than 3 calendar years after the calendar year in which it was created. These records shall be made available to the Commission, upon request, on a confidential and proprietary basis.

 

Section 462.110  Fees

 

a)         The following fees shall apply:

 

1)         Application for certification                                       $100

 

2)         Annual recertification                                                 None

 

3)         Returned check fee                                                     $25

 

4)         Late filing annual Recertification Report                   $10/day

(minimum $100, maximum $1,000)

 

b)         All fees are nonrefundable.

 

c)         All fees under this Part shall be paid by certified check, cashier's check or money order made payable to "Illinois Commerce Commission/EE Installer Certification".  Each payment shall be accompanied by documentation identifying what fee is being paid, the applicant's or certificate holder's name, address and FEIN/TIN.

 

Section 462.120  Obligations of Electric Utilities

 

a)        Except as provided in subsection (b), an electric utility shall not issue to a retail customer a rebate or other energy efficiency incentive greater than $300 for the installation of an energy efficiency measure covered by this Part, unless the electric utility receives from the customer:

 

1)         a certification that the person installing the energy efficiency measure covered by this Part was a self-installer; or

 

2)         evidence that the energy efficiency measure covered by this Part was installed by an entity certified under this Part that is in good standing with the Commission.

 

b)         An electric utility subject to the requirements of this Part shall be permitted to petition the Commission for an increase in the initial $300 value identified in subsection (a).  The petition shall be supported by data or analyses supporting the proposed new value and shall be granted upon good cause being shown by the utility.  If, after notice and hearing, the Commission approves a new threshold value, then the value established in subsection (a) shall no longer apply.

 

c)         Notwithstanding anything to the contrary, for purposes of this Part, an "energy efficiency measure covered by this Part" does not include a measure installed on or before December 31, 2017, regardless of when the incentive or rebate application is submitted.