Full Text of HB1011 95th General Assembly
HB1011sam001 95TH GENERAL ASSEMBLY
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Sen. Michael Bond
Filed: 5/15/2007
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LRB095 08711 MJR 36326 a |
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| AMENDMENT TO HOUSE BILL 1011
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| AMENDMENT NO. ______. Amend House Bill 1011 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by adding | 5 |
| Section 16-107.5 as
follows:
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| (220 ILCS 5/16-107.5 new)
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| Sec. 16-107.5. Net electricity metering.
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| (a) The Legislature finds and declares that a program to | 9 |
| provide net electricity
metering, as defined in this Section,
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| 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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| (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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| 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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| 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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| (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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| 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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| (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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| (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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| (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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| 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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| (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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| (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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| 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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| (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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| (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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| 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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| (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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| (h) Within 120 days after the effective date of this
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| 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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| (i) All electricity providers shall begin to offer net | 18 |
| energy metering
no later than April 1,
2008.
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| (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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| 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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| (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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| (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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| (2) individual units, apartments, or properties owned | 26 |
| or leased by multiple customers and collectively served by |
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| 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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| 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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| (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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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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