Sen. Michael Bond
Filed: 5/15/2007
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1 | AMENDMENT TO HOUSE BILL 1011
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2 | AMENDMENT NO. ______. Amend House Bill 1011 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 16-107.5 as
follows:
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6 | (220 ILCS 5/16-107.5 new)
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7 | Sec. 16-107.5. Net electricity metering.
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8 | (a) The Legislature finds and declares that a program to | ||||||
9 | provide net electricity
metering, as defined in this Section,
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10 | for eligible customers can encourage private investment in | ||||||
11 | renewable energy
resources, stimulate
economic growth, enhance | ||||||
12 | the continued diversification of Illinois' energy
resource | ||||||
13 | mix, and protect
the Illinois environment.
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14 | (b) As used in this Section, (i) "eligible customer" means | ||||||
15 | a retail
customer that owns or operates a
solar, wind, or other | ||||||
16 | eligible renewable electrical generating facility with a rated |
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1 | capacity of not more than
2,000 kilowatts that is
located on | ||||||
2 | the customer's premises and is intended primarily to offset the | ||||||
3 | customer's
own electrical requirements; (ii) "electricity | ||||||
4 | provider" means an electric utility or alternative retail | ||||||
5 | electric supplier; (iii) "eligible renewable electrical | ||||||
6 | generating facility" means a generator powered by solar | ||||||
7 | electric energy, wind, dedicated crops grown for electricity | ||||||
8 | generation, anaerobic digestion of livestock or food | ||||||
9 | processing waste, fuel cells or microturbines powered by | ||||||
10 | renewable fuels, or hydroelectric energy; and (iv) "net | ||||||
11 | electricity metering" (or "net metering") means the
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12 | measurement, during the
billing period applicable to an | ||||||
13 | eligible customer, of the net amount of
electricity supplied by | ||||||
14 | an
electricity provider to the customer's premises or provided | ||||||
15 | to the electricity provider by the customer.
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16 | (c) A net metering facility shall be equipped with metering | ||||||
17 | equipment that can measure the flow of electricity in both | ||||||
18 | directions at the same rate. For eligible residential | ||||||
19 | customers, this shall typically be accomplished through use of | ||||||
20 | a single, bi-directional meter. If the eligible customer's | ||||||
21 | existing electric revenue meter does not meet this requirement, | ||||||
22 | the electricity provider shall arrange for the local electric | ||||||
23 | utility or a meter service provider to install and maintain a | ||||||
24 | new revenue meter at the electricity provider's expense. For | ||||||
25 | non-residential customers, the electricity provider may | ||||||
26 | arrange for the local electric utility or a meter service |
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1 | provider to install and maintain metering equipment capable of | ||||||
2 | measuring the flow of electricity both into and out of the | ||||||
3 | customer's facility at the same rate and ratio, typically | ||||||
4 | through the use of a dual channel meter. For generators with a | ||||||
5 | nameplate rating of 40 kilowatts and below, the costs of | ||||||
6 | installing such equipment shall be paid for by the electricity | ||||||
7 | provider. For generators with a nameplate rating over 40 | ||||||
8 | kilowatts and up to 2,000 kilowatts capacity, the costs of | ||||||
9 | installing such equipment shall be paid for by the customer. | ||||||
10 | Any subsequent revenue meter change necessitated by any | ||||||
11 | eligible customer shall be paid for by the customer.
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12 | (d) An electricity provider shall
measure and charge or | ||||||
13 | credit for the net
electricity supplied to eligible customers | ||||||
14 | or provided by eligible customers in
the following manner:
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15 | (1) If the amount of electricity used by the customer | ||||||
16 | during the billing
period exceeds the
amount of electricity | ||||||
17 | produced by the customer, the electricity provider shall | ||||||
18 | charge the customer for the net electricity supplied to and | ||||||
19 | used
by the customer as provided in subsection (e) of this | ||||||
20 | Section.
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21 | (2) If the amount of electricity produced by a customer | ||||||
22 | during the billing period exceeds the amount of electricity | ||||||
23 | used by the customer during that billing period, the | ||||||
24 | electricity provider supplying that customer shall apply a | ||||||
25 | 1:1 kilowatt-hour credit to a subsequent bill for service | ||||||
26 | to the customer for the net electricity supplied to the |
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1 | electricity provider. The electricity provider shall | ||||||
2 | continue to carry over any excess kilowatt-hour credits | ||||||
3 | earned and apply those credits to subsequent billing | ||||||
4 | periods to offset any customer-generator consumption in | ||||||
5 | those billing periods until all credits are used or until | ||||||
6 | the end of the annualized period.
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7 | (3) At the end of the year or annualized over the | ||||||
8 | period that service is supplied by means of net energy | ||||||
9 | metering, or in the event that the retail customer | ||||||
10 | terminates service with the electricity provider prior to | ||||||
11 | the end of the year or the annualized period, any remaining | ||||||
12 | credits in the customer's account shall expire.
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13 | (e) An electricity provider shall provide to net energy | ||||||
14 | metering customers electric service at non-discriminatory | ||||||
15 | rates that are identical, with respect to rate structure, | ||||||
16 | retail rate components, and any monthly charges, to the rates | ||||||
17 | that the customer would be charged if not a net energy metering | ||||||
18 | customer. An electricity provider shall not charge net energy | ||||||
19 | metering customers any fee or charge or require additional | ||||||
20 | equipment, insurance, or any other requirements not | ||||||
21 | specifically authorized by interconnection standards | ||||||
22 | authorized by the Commission, unless the fee, charge, or other | ||||||
23 | requirement would apply to other similarly situated customers | ||||||
24 | who are not net energy metering customers. The customer will | ||||||
25 | remain responsible for all taxes, fees, and utility delivery | ||||||
26 | charges that would otherwise be applicable to the net amount of |
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1 | electricity used by the customer. Subsections (c) through (e) | ||||||
2 | of this Section shall not be construed to prevent an | ||||||
3 | arms-length agreement between an electricity provider and an | ||||||
4 | eligible customer that sets forth different prices, terms, and | ||||||
5 | conditions for the provision of net metering service, | ||||||
6 | including, but not limited to, the provision of the appropriate | ||||||
7 | metering equipment for non-residential customers.
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8 | (f) Notwithstanding the requirements of subsections (c) | ||||||
9 | through (e) of this Section, an electricity provider must | ||||||
10 | provide dual-channel metering for non-residential customers | ||||||
11 | operating eligible renewable electrical generating facilities | ||||||
12 | with a nameplate rating over 40 kilowatts and up to 2,000 | ||||||
13 | kilowatts. In such cases, electricity charges and credits shall | ||||||
14 | be determined as follows:
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15 | (1) The electricity provider shall assess and the | ||||||
16 | customer remains responsible for all taxes, fees, and | ||||||
17 | utility delivery charges that would otherwise be | ||||||
18 | applicable to the gross amount of kilowatt-hours supplied | ||||||
19 | to the eligible customer by the electricity provider. | ||||||
20 | (2) Each month that service is supplied by means of | ||||||
21 | dual-channel metering, the electricity provider shall | ||||||
22 | compensate the eligible customer for any excess | ||||||
23 | kilowatt-hour credits at the electricity provider's | ||||||
24 | avoided cost of electricity supply over the monthly period | ||||||
25 | or as otherwise specified by the terms of a power-purchase | ||||||
26 | agreement negotiated between the customer and electricity |
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1 | provider. | ||||||
2 | (3) For all eligible net-metering customers taking | ||||||
3 | service from an electricity provider under contracts or | ||||||
4 | tariffs employing time of use rates, any monthly | ||||||
5 | consumption of electricity shall be calculated according | ||||||
6 | to the terms of the contract or tariff to which the same | ||||||
7 | customer would be assigned to or be eligible for if the | ||||||
8 | customer was not a net-metering customer. When those same | ||||||
9 | customer-generators are net generators during any discrete | ||||||
10 | time of use period, the net kilowatt-hours produced shall | ||||||
11 | be valued at the same price per kilowatt-hour as the | ||||||
12 | electric service provider would charge for retail | ||||||
13 | kilowatt-hour sales during that same time of use period.
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14 | (g) For purposes of federal and State laws providing | ||||||
15 | renewable energy credits or greenhouse gas credits, the | ||||||
16 | eligible customer shall be treated as owning and having title | ||||||
17 | to the renewable energy attributes, renewable energy credits, | ||||||
18 | and greenhouse gas emission credits related to any electricity | ||||||
19 | produced by the qualified generating unit. The electricity | ||||||
20 | provider may not condition participation in a net-metering | ||||||
21 | program on the signing over of a customer's renewable energy | ||||||
22 | credits; provided, however, this subsection (g) shall not be | ||||||
23 | construed to prevent an arms-length agreement between an | ||||||
24 | electricity provider and an eligible customer that sets forth | ||||||
25 | the ownership or title of the credits.
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26 | (h) Within 120 days after the effective date of this
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1 | amendatory Act of the 95th General Assembly, the Commission | ||||||
2 | shall establish standards for net energy metering and, if the | ||||||
3 | Commission has not already acted on its own initiative, | ||||||
4 | standards for the interconnection of eligible renewable | ||||||
5 | generating equipment to the utility system. The | ||||||
6 | interconnection standards shall address any procedural | ||||||
7 | barriers, delays, and administrative costs associated with the | ||||||
8 | interconnection of customer-generation while ensuring the | ||||||
9 | safety and reliability of the units and the electric utility | ||||||
10 | system. The Commission shall consider the Institute of | ||||||
11 | Electrical and Electronics Engineers (IEEE) Standard 1547 and | ||||||
12 | the issues of (i) reasonable and fair fees and costs, (ii) | ||||||
13 | clear timelines for major milestones in the interconnection | ||||||
14 | process, (iii) nondiscriminatory terms of agreement, and (iv) | ||||||
15 | any best practices for interconnection of distributed | ||||||
16 | generation.
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17 | (i) All electricity providers shall begin to offer net | ||||||
18 | energy metering
no later than April 1,
2008.
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19 | (j) An electricity provider shall provide net energy | ||||||
20 | metering to eligible
customers until the load of its net energy | ||||||
21 | metering customers equals 1% of
the total peak demand supplied | ||||||
22 | by
that electricity provider during the
previous year. | ||||||
23 | Electricity providers are authorized to offer net energy | ||||||
24 | metering beyond
the 1% level if they so choose. The number of | ||||||
25 | new eligible customers with generators that have a nameplate | ||||||
26 | rating of 40 kilowatts and below will be limited to 200 total |
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1 | new billing accounts for the utilities (Ameren Companies, | ||||||
2 | ComEd, and MidAmerican) for the period of April 1, 2008 through | ||||||
3 | March 31, 2009.
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4 | (k) Each electricity provider shall maintain records and | ||||||
5 | report annually to the Commission the total number of net | ||||||
6 | energy metering customers served by the provider, as well as | ||||||
7 | the type, capacity, and energy sources of the generating | ||||||
8 | systems used by the net energy metering customers. Nothing in | ||||||
9 | this Section shall limit the ability of an electricity provider | ||||||
10 | to request the redaction of information deemed by the | ||||||
11 | Commission to be confidential business information. Each | ||||||
12 | electricity provider shall notify the Commission when the total | ||||||
13 | generating capacity of its net energy metering customers is | ||||||
14 | equal to or in excess of the 1% cap specified in subsection (j) | ||||||
15 | of this Section. | ||||||
16 | (l) Notwithstanding the definition of "eligible customer" | ||||||
17 | in item (i) of subsection (b) of this Section, each electricity | ||||||
18 | provider shall consider whether to allow meter aggregation for | ||||||
19 | the purposes of net metering on:
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20 | (1) properties owned or leased by multiple customers | ||||||
21 | that contribute to the operation of an eligible renewable | ||||||
22 | electrical generating facility, such as a community-owned | ||||||
23 | wind project or a community methane digester processing | ||||||
24 | livestock waste from multiple sources; and
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25 | (2) individual units, apartments, or properties owned | ||||||
26 | or leased by multiple customers and collectively served by |
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1 | a common eligible renewable electrical generating | ||||||
2 | facility, such as an apartment building served by | ||||||
3 | photovoltaic panels on the roof.
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4 | For the purposes of this subsection (l), "meter | ||||||
5 | aggregation" means the combination of reading and billing on a | ||||||
6 | pro rata basis for the types of eligible customers described in | ||||||
7 | this Section.
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8 | (m) Nothing in this Section shall affect the right of an | ||||||
9 | electricity provider to continue to provide, or the right of a | ||||||
10 | retail customer to continue to receive service pursuant to a | ||||||
11 | contract for electric service between the electricity provider | ||||||
12 | and the retail customer in accordance with the prices, terms, | ||||||
13 | and conditions provided for in that contract. Either the | ||||||
14 | electricity provider or the customer may require compliance | ||||||
15 | with the prices, terms, and conditions of the contract.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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