Rep. Mike Fortner
Filed: 5/8/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5257
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5257 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Power Agency Act is amended by | ||||||
5 | adding Section 1-92 as follows: | ||||||
6 | (20 ILCS 3855/1-92 new) | ||||||
7 | Sec. 1-92. Aggregation of electrical load by | ||||||
8 | municipalities and counties. | ||||||
9 | (a) The corporate authorities of a municipality or county | ||||||
10 | board of a county
may
adopt an ordinance under which it may | ||||||
11 | aggregate in accordance with this
Section residential and small | ||||||
12 | commercial retail electrical loads located, respectively, | ||||||
13 | within the
municipality or the unincorporated areas of the | ||||||
14 | county and, for that purpose, may solicit bids and enter into | ||||||
15 | service
agreements to facilitate
for those
loads the sale and | ||||||
16 | purchase of electricity and related services and equipment. |
| |||||||
| |||||||
1 | The corporate authorities or county
board may also exercise | ||||||
2 | such authority jointly with any other municipality or county.
| ||||||
3 | Two or
more
municipalities or counties, or a combination of | ||||||
4 | both, may initiate a
process
jointly to authorize aggregation | ||||||
5 | by a majority vote of each particular
municipality or
county as | ||||||
6 | required by this Section. | ||||||
7 | If the corporate authorities or the county board seek to | ||||||
8 | operate the aggregation program as an opt-out program for | ||||||
9 | residential retail customers, then prior to the adoption of an | ||||||
10 | ordinance with respect to aggregation of residential retail | ||||||
11 | electric loads, the corporate authorities of a municipality or | ||||||
12 | the county board of a county shall submit a referendum to its | ||||||
13 | residents to determine whether or not the aggregation program | ||||||
14 | shall operate as an opt-out program for residential retail | ||||||
15 | customers. | ||||||
16 | In addition to the notice and conduct requirements of the | ||||||
17 | general election law, notice of the referendum shall state | ||||||
18 | briefly the purpose of the referendum and shall describe the | ||||||
19 | potential impact on residential retail customers' choice of | ||||||
20 | electric supplier and electric rates. The question of whether | ||||||
21 | the corporate authorities or the county board shall adopt an | ||||||
22 | opt-out aggregation program for residential retail customers | ||||||
23 | shall be submitted to the electors of the municipality or | ||||||
24 | county board at a regular election and approved by a majority | ||||||
25 | of the electors voting on the question. The corporate | ||||||
26 | authorities or county board must certify to the proper election |
| |||||||
| |||||||
1 | authority, which must submit the question at an election in | ||||||
2 | accordance with the Election Code. | ||||||
3 | The election authority must submit the question in | ||||||
4 | substantially the following form: | ||||||
5 | Shall the (municipality or county in which the question | ||||||
6 | is being voted upon) have the authority to arrange for the | ||||||
7 | supply of electricity for its residential retail customers | ||||||
8 | who have not opted out of such program? | ||||||
9 | The election authority must record the votes as "Yes" or "No". | ||||||
10 | If a majority of the electors voting on the question vote | ||||||
11 | in the affirmative, then the corporate authorities or county | ||||||
12 | board may implement an opt-out aggregation program for | ||||||
13 | residential retail customers. | ||||||
14 | A referendum must pass in each particular municipality or | ||||||
15 | county that is engaged in the aggregation program. If the | ||||||
16 | referendum fails, then the corporate authorities or county | ||||||
17 | board shall operate the aggregation program as an opt-in | ||||||
18 | program for residential retail customers. | ||||||
19 | An
ordinance under this Section shall specify whether the | ||||||
20 | aggregation will occur
only with
the prior consent of each | ||||||
21 | person owning, occupying, controlling, or using an
electric | ||||||
22 | load
center proposed to be aggregated. Nothing in this Section,
| ||||||
23 | however,
authorizes the aggregation of electric loads that are | ||||||
24 | served or authorized to be served by an electric cooperative as | ||||||
25 | defined by and pursuant to the Electric Supplier Act or loads | ||||||
26 | served by a municipality that owns and operates its own |
| |||||||
| |||||||
1 | electric distribution system. No
aggregation shall take
effect | ||||||
2 | unless
approved by a majority of the members of the corporate | ||||||
3 | authority or county board voting upon the ordinance.
| ||||||
4 | A governmental aggregator under this Section is not a | ||||||
5 | public utility or an
alternative retail electric supplier.
| ||||||
6 | (b) Upon the applicable requisite authority under this | ||||||
7 | Section, the corporate
authorities or the county board, with | ||||||
8 | assistance from the Illinois Power Agency, shall develop a plan | ||||||
9 | of operation and
governance for the
aggregation program so | ||||||
10 | authorized. Before adopting a plan under this Section,
the
| ||||||
11 | corporate authorities or county board shall hold at least 2 | ||||||
12 | public hearings on
the plan.
Before the first hearing, the | ||||||
13 | corporate authorities or county board shall
publish notice of
| ||||||
14 | the hearings once a week for 2 consecutive weeks in a newspaper | ||||||
15 | of general
circulation
in the jurisdiction. The notice shall | ||||||
16 | summarize the plan and state the date,
time, and
location of | ||||||
17 | each hearing.
Any load aggregation plan established pursuant to | ||||||
18 | this Section shall: | ||||||
19 | (1) provide for universal
access to all applicable | ||||||
20 | residential customers and equitable treatment of | ||||||
21 | applicable
residential customers; | ||||||
22 | (2) describe demand management and energy efficiency | ||||||
23 | services to be
provided to each class of customers;
and | ||||||
24 | (3) meet any requirements established by law
| ||||||
25 | concerning aggregated service offered pursuant to this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (c) The process for soliciting bids for electricity and | ||||||
2 | other related services and awarding proposed agreements for the | ||||||
3 | purchase of electricity and other related services shall be | ||||||
4 | conducted in the following order: | ||||||
5 | (1) The corporate authorities or county board may | ||||||
6 | solicit bids for electricity and other related services. | ||||||
7 | (2) An electric utility that provides residential | ||||||
8 | service in the aggregate area must submit the names and | ||||||
9 | addresses of residential and small commercial retail | ||||||
10 | customers in the aggregate area to the corporate | ||||||
11 | authorities or the county board in an electronic format. | ||||||
12 | (d) If the corporate authorities or county board operate | ||||||
13 | under an opt-in program for residential retail customers, then | ||||||
14 | the corporate authorities or county board shall comply with all | ||||||
15 | of the following: | ||||||
16 | (1) Within 60 days after receiving the bids, the | ||||||
17 | corporate authorities or county board shall allow | ||||||
18 | residential customers to commit to the terms and conditions | ||||||
19 | of a bid that has been selected by the corporate | ||||||
20 | authorities or county board. | ||||||
21 | (2) If (A) the corporate authorities or county board | ||||||
22 | award proposed agreements for the purchase of electricity | ||||||
23 | and other related services and (B) an agreement is reached | ||||||
24 | between the corporate authorities or county board for those | ||||||
25 | services, then customers committed to the terms and | ||||||
26 | conditions according to item (1) of this subsection (d) |
| |||||||
| |||||||
1 | shall be committed to the agreement. | ||||||
2 | (e) If the corporate authorities or county board operate as | ||||||
3 | an opt-out program for residential retail customers, then it | ||||||
4 | shall be the duty of the aggregated entity to fully inform
| ||||||
5 | residential retail customers in advance that they have the | ||||||
6 | right to opt out of the aggregation program.
The disclosure | ||||||
7 | shall prominently state all charges to be made and
shall | ||||||
8 | include
full disclosure of the cost to obtain service pursuant | ||||||
9 | to Section 16-103 of the Public Utilities Act, how
to access | ||||||
10 | it,
and the fact that it is available to them without penalty, | ||||||
11 | if they are
currently receiving
service under that Section. The | ||||||
12 | Illinois Power Agency shall furnish, without charge, to
any | ||||||
13 | citizen a
list of all supply options available to them in a | ||||||
14 | format that
allows
comparison of prices and products. | ||||||
15 | The Illinois Power Agency shall provide assistance to | ||||||
16 | municipalities, counties, or associations working with | ||||||
17 | municipalities to help complete the plan and bidding process. | ||||||
18 | This Section does not prohibit municipalities or counties | ||||||
19 | from entering into an intergovernmental agreement to aggregate | ||||||
20 | residential retail electric loads. | ||||||
21 | (f) Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency head | ||||||
23 | under the jurisdiction of the Governor has any authority to | ||||||
24 | make or promulgate rules to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly. If, | ||||||
26 | however, the Governor believes that rules are necessary to |
| |||||||
| |||||||
1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly, the Governor may suggest rules to | ||||||
3 | the General Assembly by filing them with the Clerk of the House | ||||||
4 | and the Secretary of the Senate and by requesting that the | ||||||
5 | General Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (220 ILCS 5/17-800 rep.)
| ||||||
20 | Section 10. The Public Utilities Act is amended by | ||||||
21 | repealing Section 17-800.".
|