Illinois General Assembly - Full Text of SB0680
Illinois General Assembly

Previous General Assemblies

Full Text of SB0680  95th General Assembly


Rep. JoAnn D. Osmond

Filed: 5/22/2007





09500SB0680ham001 LRB095 07321 MJR 36655 a


2     AMENDMENT NO. ______. Amend Senate Bill 680 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Public Utilities Act is amended by adding
5 Section 16-107.5 as follows:
6     (220 ILCS 5/16-107.5 new)
7     Sec. 16-107.5. Net electricity metering.
8     (a) The Legislature finds and declares that a program to
9 provide net electricity metering, as defined in this Section,
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.
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



09500SB0680ham001 - 2 - LRB095 07321 MJR 36655 a

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
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.
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



09500SB0680ham001 - 3 - LRB095 07321 MJR 36655 a

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.
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:
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.
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



09500SB0680ham001 - 4 - LRB095 07321 MJR 36655 a

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.
7         (3) At the end of the year or annualized over the
8     period that service is supplied by means of net metering,
9     or in the event that the retail customer terminates service
10     with the electricity provider prior to the end of the year
11     or the annualized period, any remaining credits in the
12     customer's account shall expire.
13     (e) An electricity provider shall provide to net metering
14 customers electric service at non-discriminatory rates that
15 are identical, with respect to rate structure, retail rate
16 components, and any monthly charges, to the rates that the
17 customer would be charged if not a net metering customer. An
18 electricity provider shall not charge net metering customers
19 any fee or charge or require additional equipment, insurance,
20 or any other requirements not specifically authorized by
21 interconnection standards authorized by the Commission, unless
22 the fee, charge, or other requirement would apply to other
23 similarly situated customers who are not net metering
24 customers. The customer will remain responsible for all taxes,
25 fees, and utility delivery charges that would otherwise be
26 applicable to the net amount of electricity used by the



09500SB0680ham001 - 5 - LRB095 07321 MJR 36655 a

1 customer. Subsections (c) through (e) of this Section shall not
2 be construed to prevent an arms-length agreement between an
3 electricity provider and an eligible customer that sets forth
4 different prices, terms, and conditions for the provision of
5 net metering service, including, but not limited to, the
6 provision of the appropriate metering equipment for
7 non-residential customers.
8     (f) Notwithstanding the requirements of subsections (c)
9 through (e) of this Section, an electricity provider must
10 require 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:
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



09500SB0680ham001 - 6 - LRB095 07321 MJR 36655 a

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.
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.
26     (h) Within 120 days after the effective date of this



09500SB0680ham001 - 7 - LRB095 07321 MJR 36655 a

1 amendatory Act of the 95th General Assembly, the Commission
2 shall establish standards for net 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.
17     (i) All electricity providers shall begin to offer net
18 metering no later than April 1, 2008.
19     (j) An electricity provider shall provide net metering to
20 eligible customers until the load of its net metering customers
21 equals 1% of the total peak demand supplied by that electricity
22 provider during the previous year. Electricity providers are
23 authorized to offer net metering beyond the 1% level if they so
24 choose. The number of new eligible customers with generators
25 that have a nameplate rating of 40 kilowatts and below will be
26 limited to 200 total new billing accounts for the utilities



09500SB0680ham001 - 8 - LRB095 07321 MJR 36655 a

1 (Ameren Companies, ComEd, and MidAmerican) for the period of
2 April 1, 2008 through March 31, 2009.
3     (k) Each electricity provider shall maintain records and
4 report annually to the Commission the total number of net
5 metering customers served by the provider, as well as the type,
6 capacity, and energy sources of the generating systems used by
7 the net metering customers. Nothing in this Section shall limit
8 the ability of an electricity provider to request the redaction
9 of information deemed by the Commission to be confidential
10 business information. Each electricity provider shall notify
11 the Commission when the total generating capacity of its net
12 metering customers is equal to or in excess of the 1% cap
13 specified in subsection (j) of this Section.
14     (l) Notwithstanding the definition of "eligible customer"
15 in item (i) of subsection (b) of this Section, each electricity
16 provider shall consider whether to allow meter aggregation for
17 the purposes of net metering on:
18         (1) properties owned or leased by multiple customers
19     that contribute to the operation of an eligible renewable
20     electrical generating facility, such as a community-owned
21     wind project or a community methane digester processing
22     livestock waste from multiple sources; and
23         (2) individual units, apartments, or properties owned
24     or leased by multiple customers and collectively served by
25     a common eligible renewable electrical generating
26     facility, such as an apartment building served by



09500SB0680ham001 - 9 - LRB095 07321 MJR 36655 a

1     photovoltaic panels on the roof.
2     For the purposes of this subsection (l), "meter
3 aggregation" means the combination of reading and billing on a
4 pro rata basis for the types of eligible customers described in
5 this Section.
6     (m) Nothing in this Section shall affect the right of an
7 electricity provider to continue to provide, or the right of a
8 retail customer to continue to receive service pursuant to a
9 contract for electric service between the electricity provider
10 and the retail customer in accordance with the prices, terms,
11 and conditions provided for in that contract. Either the
12 electricity provider or the customer may require compliance
13 with the prices, terms, and conditions of the contract.
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.".