Bill Status of SB 3766   97th General Assembly

Short Description:  UTILITIES-NATURAL GAS MARKETS

Senate Sponsors
Sen. Donne E. Trotter and Michael W. Frerichs-Don Harmon-John O. Jones-Gary Forby

House Sponsors
(Rep. Joseph M. Lyons-Marcus C. Evans, Jr.-Ed Sullivan, Jr.-Mike Bost-Brandon W. Phelps and Kelly Burke)


Last Action  View All Actions

DateChamber Action
  11/29/2012SenateTotal Veto Stands

Statutes Amended In Order of Appearance
220 ILCS 5/16-120

Synopsis As Introduced
Amends the Public Utilities Act. Provides that beginning in 2012, the Illinois Commerce Commission shall require the Office of Retail Market Development to prepare a report regarding the development of competitive natural gas markets and the value of municipal aggregation in the natural gas market with a comparison of the development of the municipal aggregation of electricity customers. Provides that the Commission may request and utilities and alternative gas retail suppliers shall provide the data as requested by the Commission. Provides that the report shall be completed by April 1, 2013 and shall be filed with the Joint Committee on Legislative Support Services of the General Assembly and the Governor and shall be publicly available. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
220 ILCS 5/16-120
Adds reference to:
220 ILCS 5/19-145
220 ILCS 5/19-150 new
220 ILCS 5/19-155 new

Replaces everything after the enacting clause. Amend the Public Utilities Act. Creates a provision that provides a gas utility with at least 100,000 customers that offers transportation service to residential customers and small commercial customers shall file a tariff that provides qualifying alternative gas suppliers with the option to have the gas utility purchase their receivables for gas sales that are (1) made to residential customers and small commercial customers and (2) charged on the gas utility's bill. Sets forth provisions concerning receivables for gas sales of qualifying alternative gas suppliers, administrative costs, reasonable start-up costs, and administrative costs associated with the gas utility's purchase of receivables, tariffs, and intangible costs. Creates a provision that provides the corporate authorities of a municipality or county board of a county may adopt an ordinance under which it may aggregate residential customers and small commercial customer natural gas loads located, respectively, within the municipality or the unincorporated areas of the county and may solicit bids and enter into service agreements to facilitate for those loads the sale and purchase of natural gas and related services and equipment. Requires the corporate authority or county board to develop a plan of operation and governance for the aggregation program. Sets forth provisions concerning the establishment of a process for selecting a natural gas supplier and awarding a proposed agreement, compliance requirements if the program the corporate authorities or county board operates under is an opt-in program, and disclosure requirements for an opt-out program. Provides that the Illinois Commerce Commission shall adopt rules to protect customers. Provides that no municipality or county shall implement, in its plan of operation and governance, an opt-out program that automatically enrolls a customer that is currently under contract with an alternative retail gas supplier or an entity that provides services in competition with and similar to an alternative retail gas supplier into its municipal or county opt-out program. Provides that the Commission shall not require a natural gas public utility without a Commission-approved small volume transportation program to accommodate aggregated load switching for any natural gas customers. Makes a corresponding change in a provision concerning automatic adjustment clause tariff and uncollectibles. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
220 ILCS 5/19-145
220 ILCS 5/19-150 new
220 ILCS 5/19-155 new
Adds reference to:
220 ILCS 5/9-220from Ch. 111 2/3, par. 9-220

Replaces everything after the enacting clause. Amends the Public Utilities Act. Provides that if more than 2 gas utilities elect to file biennial rate proceedings before the Illinois Commerce Commission by July 13, 2011, then the requirement that the other utilities enter into a sourcing agreement with the clean coal SNG brownfield facility shall be waived. Provides that any sourcing agreement approved by the Commission prior to the effective date of this amendatory Act is void. Provides that the Commission shall issue an Order within 30 days after the effective date of the amendatory Act to approve a revised version of any such sourcing agreement, incorporating only specified modifications to the sourcing agreement endorsed in the Proposed Order on Rehearing, as reflected in the form of sourcing agreement attached to the brief on exceptions of the clean coal SNG brownfield facility. Makes other changes. Effective immediately.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 It has been determined that there may be a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the State.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 3766 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

 Fiscal Note, House Committee Amendment No. 1 (Illinois Commerce Commission)
 The cost for implementing SB 3766 (H-AM 1) would be minimal.

 Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 SB 3766 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 There are no penalty enhancements associated with SB 3766 (H-AM 1). The bill would have no fiscal or population impact on the Department.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. Don Harmon
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/24/2012SenateAssigned to Energy
  3/1/2012SenatePostponed - Energy
  3/7/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/7/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/8/2012SenateDo Pass Energy; 014-000-000
  3/8/2012SenatePlaced on Calendar Order of 2nd Reading March 21, 2012
  3/26/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  3/26/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Energy
  3/26/2012SenateAdded as Chief Co-Sponsor Sen. David Koehler
  3/27/2012SenateAdded as Co-Sponsor Sen. Michael W. Frerichs
  3/27/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Energy; 010-003-000
  3/27/2012SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  3/27/2012SenateSecond Reading
  3/27/2012SenateSenate Floor Amendment No. 2 Adopted; Harmon
  3/27/2012SenatePlaced on Calendar Order of 3rd Reading March 28, 2012
  3/28/2012SenateAdded as Co-Sponsor Sen. John O. Jones
  3/28/2012SenateSponsor Removed Sen. John O. Jones
  3/29/2012SenateThird Reading - Passed; 040-010-000
  3/29/2012SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/29/2012HouseArrived in House
  3/29/2012HouseChief House Sponsor Rep. Kelly Burke
  3/29/2012HousePlaced on Calendar Order of First Reading
  3/29/2012HouseFirst Reading
  3/29/2012HouseReferred to Rules Committee
  4/25/2012HouseAdded Alternate Co-Sponsor Rep. Mike Bost
  4/25/2012HouseAlternate Co-Sponsor Removed Rep. Mike Bost
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 29, 2012
  5/25/2012HouseAssigned to Executive Committee
  5/25/2012SenateChief Sponsor Changed to Sen. Donne E. Trotter
  5/25/2012SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  5/25/2012HouseAlternate Chief Sponsor Changed to Rep. Joseph M. Lyons
  5/25/2012SenateAdded as Chief Co-Sponsor Sen. John O. Jones
  5/25/2012SenateSponsor Removed Sen. David Koehler
  5/25/2012HouseAdded Alternate Co-Sponsor Rep. Kelly Burke
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Brandon W. Phelps
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost
  5/25/2012HouseAlternate Chief Co-Sponsor Changed to Rep. Brandon W. Phelps
  5/25/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Joseph M. Lyons
  5/25/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/25/2012HouseMotion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie
  5/25/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/28/2012SenateAdded as Chief Co-Sponsor Sen. Gary Forby
  5/29/2012HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  5/29/2012HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended
  5/29/2012HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  5/29/2012HouseHouse Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  5/29/2012HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended
  5/29/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/30/2012HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  5/30/2012HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  5/30/2012HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/30/2012HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  5/30/2012HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/30/2012HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000
  5/30/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/30/2012HouseSecond Reading - Short Debate
  5/30/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2012HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/31/2012HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  5/31/2012HouseThird Reading - Short Debate - Passed 060-050-005
  5/31/2012HouseMotion Filed to Reconsider Vote Rep. Joseph M. Lyons
  5/31/2012HouseMotion to Reconsider Vote - Withdrawn Rep. Joseph M. Lyons
  5/31/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/31/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2012
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Donne E. Trotter
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/31/2012SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 011-004-000
  5/31/2012SenateSponsor Removed Sen. Kirk W. Dillard
  5/31/2012SenateHouse Committee Amendment No. 1 Senate Concurs 035-016-000
  5/31/2012SenatePassed Both Houses
  6/11/2012SenateSent to the Governor
  8/10/2012SenateGovernor Vetoed
  11/14/2012SenatePlaced Calendar Total Veto November 27, 2012
  11/29/2012SenateTotal Veto Stands

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