Sen. Mike Jacobs
Filed: 3/16/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 215




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    AMENDMENT NO. ______. Amend Senate Bill 215 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Public Utilities Act is amended  by adding 
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Section 8-408 as follows:
 
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    (220 ILCS 5/8-408  new)
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    Sec. 8-408. Energy efficiency plans for small 
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multi-jurisdictional utilities.
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    (a) Any electric or gas public utility with fewer than 
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200,000 customers in Illinois on January 1, 2007 that offers 
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energy efficiency programs to its customers in a state adjacent 
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to Illinois may seek the approval of the Commission to offer 
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the same or comparable energy efficiency programs to its 
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customers in Illinois. For each program to be offered, the 
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utility shall submit to the Commission:

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        (1) a description of the program;

 


 






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        (2) a proposed implementation schedule and method;

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        (3) the number of eligible participants;

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        (4) the expected rate of participation per year;

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        (5) the estimated annual peak demand and energy 
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    savings;
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        (6) the budget or level of spending; and
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        (7) the rate impacts and average bill impacts, by 
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    customer class, resulting from the program.

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    The Commission shall approve each program demonstrated to 
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be cost-effective. Programs for low-income customers shall be 
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approved by the Commission even if they have not been 
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demonstrated to be cost-effective if they are demonstrated to 
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be reasonable. An order of the State agency that regulates the 
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rates of the utility in the adjacent state that finds a program 
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to be cost-effective or reasonable shall be sufficient to 
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demonstrate that the program is cost-effective or reasonable 
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for the utility's customers in Illinois. Approved programs may 
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be delivered by the utility or by a contractor or agent of the 
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utility.

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    (b) Notwithstanding the provisions of Section 9-201, a 
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public utility providing approved energy efficiency programs 
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in the State shall be permitted to recover the reasonable costs 
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of those programs through an automatic adjustment clause tariff 
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filed with and approved by the Commission. Each year the 
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Commission shall initiate a review to reconcile any amounts 
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collected with the actual costs and to determine the adjustment 
 


 






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to the annual tariff factor to match annual expenditures. The 
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determination shall be made within 90 days after the date of 
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initiation of the review.

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    (c) The utility may request a waiver of one or more 
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components of an approved energy efficiency program at any time 
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in order to improve the program's effectiveness. The Commission 
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may grant the  waiver if good cause is shown by the utility. 
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Notwithstanding the cessation of the programs, a utility shall

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file a final reconciliation of the amounts collected as 
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compared to the actual costs and shall continue the resulting 
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factor until any over-recovery or under-recovery approaches 
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zero.
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    (d) A public utility that offers approved energy efficiency 
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programs in the State may do so
through at least December 31, 
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2012. The Commission shall
monitor the performance of the 
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energy efficiency programs and, on or before October 31,
2012, 
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the Commission shall make a determination regarding whether
the 
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programs should be continued beyond calendar year 2012. The     
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Commission shall also file a written report with the General 
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Assembly explaining the basis for that determination and 
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detailing the results of the energy efficiency programs,

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including energy savings, participation numbers, and costs.

 

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    Section 99. Effective date. This Act takes effect January 
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1, 2008.".