Full Text of SB0071 100th General Assembly
SB0071sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 71
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 71 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Section 16-128A as follows: | 6 | | (220 ILCS 5/16-128A) | 7 | | (Text of Section before amendment by P.A. 99-906 ) | 8 | | Sec. 16-128A. Certification of installers, maintainers, or | 9 | | repairers. | 10 | | (a) Within 18 months of the effective date of this | 11 | | amendatory Act of the 97th General Assembly, the Commission | 12 | | shall adopt rules, including emergency rules, establishing | 13 | | certification requirements ensuring that entities installing | 14 | | distributed generation facilities are in compliance with the | 15 | | requirements of subsection (a) of Section 16-128 of this Act. | 16 | | For purposes of this Section, the phrase "entities |
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| 1 | | installing distributed generation facilities" shall include, | 2 | | but not be limited to, all entities that are exempt from the | 3 | | definition of "alternative retail electric supplier" under | 4 | | item (v) of Section 16-102 of this Act.
For purposes of this | 5 | | Section, the phrase "self-installer" means an individual who | 6 | | (i) leases or purchases a cogeneration facility for his or her | 7 | | own personal use and (ii) installs such cogeneration or | 8 | | self-generation facility on his or her own premises without the | 9 | | assistance of any other person. | 10 | | (b) In addition to any authority granted to the Commission | 11 | | under this Act, the Commission is also authorized to: (1) | 12 | | determine which entities are subject to certification under | 13 | | this Section; (2) impose reasonable certification fees and | 14 | | penalties; (3) adopt disciplinary procedures; (4) investigate | 15 | | any and all activities subject to this Section, including | 16 | | violations thereof; (5) adopt procedures to issue or renew, or | 17 | | to refuse to issue or renew, a certification or to revoke, | 18 | | suspend, place on probation, reprimand, or otherwise | 19 | | discipline a certified entity under this Act or take other | 20 | | enforcement action against an entity subject to this Section; | 21 | | and (6) prescribe forms to be issued for the administration and | 22 | | enforcement of this Section. | 23 | | (c) No electric utility shall provide a retail customer | 24 | | with net metering service related to interconnection of that | 25 | | customer's distributed generation facility unless the customer | 26 | | provides the electric utility with (i) a certification that the |
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| 1 | | customer installing the distributed generation facility was a | 2 | | self-installer or (ii) evidence that the distributed | 3 | | generation facility was installed by an entity certified under | 4 | | this Section that is also in good standing with the Commission. | 5 | | For purposes of this subsection, a retail customer includes | 6 | | that customer's employees, officers, and agents. An electric | 7 | | utility shall file a tariff or tariffs with the Commission | 8 | | setting forth the documentation, as specified by Commission | 9 | | rule, that a retail customer must provide to an electric | 10 | | utility. The provisions of this subsection (c) shall apply on | 11 | | or after the effective date of the Commission's rules | 12 | | prescribed pursuant to subsection (a) of this Section. | 13 | | (d) Within 180 days after the effective date of this | 14 | | amendatory Act of the 97th General Assembly, the Commission | 15 | | shall initiate a rulemaking proceeding to establish | 16 | | certification requirements that shall be applicable to persons | 17 | | or entities that install, maintain, or repair electric vehicle | 18 | | charging stations. The notification and certification | 19 | | requirements of this Section shall only be applicable to | 20 | | individuals or entities that perform work on or within an | 21 | | electric vehicle charging station, including, but not limited | 22 | | to, connection of power to an electric vehicle charging | 23 | | station. | 24 | | For the purposes of this Section "electric vehicle charging | 25 | | station" means any facility or equipment that is used to charge | 26 | | a battery or other energy storage device of an electric |
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| 1 | | vehicle.
| 2 | | Rules regulating the installation, maintenance, or repair | 3 | | of electric vehicle charging stations, in which the Commission | 4 | | may establish separate requirements based upon the | 5 | | characteristics of electric vehicle charging stations, so long | 6 | | as it is in accordance with the requirements of subsection (a) | 7 | | of Section 16-128 and Section 16-128A of this Act, shall: | 8 | | (1) establish a certification process for persons or | 9 | | entities that install, maintain, or repair of electric | 10 | | vehicle charging stations; | 11 | | (2) require persons or entities that install, | 12 | | maintain, or repair electric vehicle stations to be | 13 | | certified to do business and to be bonded in the State; | 14 | | (3) ensure that persons or entities that install, | 15 | | maintain, or repair electric vehicle charging stations | 16 | | have the requisite knowledge, skills, training, | 17 | | experience, and competence to perform functions in a safe | 18 | | and reliable manner as required under subsection (a) of | 19 | | Section 16-128 of this Act; | 20 | | (4) impose reasonable certification fees and penalties | 21 | | on persons or entities that install, maintain, or repair of | 22 | | electric vehicle charging stations for noncompliance of | 23 | | the rules adopted under this subsection; | 24 | | (5) ensure that all persons or entities that install, | 25 | | maintain, or repair electric vehicle charging stations | 26 | | conform to applicable building and electrical codes; |
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| 1 | | (6) ensure that all electric vehicle charging stations | 2 | | meet recognized industry standards as the Commission deems | 3 | | appropriate, such as the National Electric Code (NEC) and | 4 | | standards developed or created by the Institute of | 5 | | Electrical and Electronics Engineers (IEEE), the Electric | 6 | | Power Research Institute (EPRI), the Detroit Edison | 7 | | Institute (DTE), the Underwriters Laboratory (UL), the | 8 | | Society of Automotive Engineers (SAE), and the National | 9 | | Institute of Standards and Technology (NIST); | 10 | | (7) include any additional requirements that the | 11 | | Commission deems reasonable to ensure that persons or | 12 | | entities that install, maintain, or repair electric | 13 | | vehicle charging stations meet adequate training, | 14 | | financial, and competency requirements; | 15 | | (8) ensure that the obligations required under this | 16 | | Section and subsection (a) of Section 16-128 of this Act | 17 | | are met prior to the interconnection of any electric | 18 | | vehicle charging station; | 19 | | (9) ensure electric vehicle charging stations | 20 | | installed by a self-installer are not used for any | 21 | | commercial purpose; | 22 | | (10) establish an inspection procedure for the | 23 | | conversion of electric vehicle charging stations installed | 24 | | by a self-installer if it is determined that the | 25 | | self-installed electric vehicle charging station is being | 26 | | used for commercial purposes; |
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| 1 | | (11) establish the requirement that all persons or | 2 | | entities that install electric vehicle charging stations | 3 | | shall notify the servicing electric utility in writing of | 4 | | plans to install an electric vehicle charging station and | 5 | | shall notify the servicing electric utility in writing when | 6 | | installation is complete; | 7 | | (12) ensure that all persons or entities that install, | 8 | | maintain, or repair electric vehicle charging stations | 9 | | obtain certificates of insurance in sufficient amounts and | 10 | | coverages that the Commission so determines and, if | 11 | | necessary as determined by the Commission, names the | 12 | | affected public utility as an additional insured; and | 13 | | (13) identify and determine the training or other | 14 | | programs by which persons or entities may obtain the | 15 | | requisite training, skills, or experience necessary to | 16 | | achieve and maintain compliance with the requirements set | 17 | | forth in this subsection and subsection (a) of Section | 18 | | 16-128 to install, maintain, or repair electric vehicle | 19 | | charging stations. | 20 | | Within 18 months after the effective date of this | 21 | | amendatory Act of the 97th General Assembly, the Commission | 22 | | shall adopt rules, and may, if it deems necessary, adopt | 23 | | emergency rules, for the installation, maintenance, or repair | 24 | | of electric vehicle charging stations. | 25 | | All retail customers who own, maintain, or repair an | 26 | | electric vehicle charging station shall provide the servicing |
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| 1 | | electric utility (i) a certification that the customer | 2 | | installing the electric vehicle charging station was a | 3 | | self-installer or (ii) evidence that the electric vehicle | 4 | | charging station was installed by an entity certified under | 5 | | this subsection (d) that is also in good standing with the | 6 | | Commission. For purposes of this subsection (d), a retail | 7 | | customer includes that retail customer's employees, officers, | 8 | | and agents. If the electric vehicle charging station was not | 9 | | installed by a self-installer, then the person or entity that | 10 | | plans to install the electric vehicle charging station shall | 11 | | provide notice to the servicing electric utility prior to | 12 | | installation and when installation is complete and provide any | 13 | | other information required by the Commission's rules | 14 | | established under subsection (d) of this Section. An electric | 15 | | utility shall file a tariff or tariffs with the Commission | 16 | | setting forth the documentation, as specified by Commission | 17 | | rule, that a retail customer who owns, uses, operates, or | 18 | | maintains an electric vehicle charging station must provide to | 19 | | an electric utility. | 20 | | For the purposes of this subsection, an electric vehicle | 21 | | charging station shall constitute a distribution facility or | 22 | | equipment as that term is used in subsection (a) of Section | 23 | | 16-128 of this Act. The phrase "self-installer" means an | 24 | | individual who (i) leases or purchases an electric vehicle | 25 | | charging station for his or her own personal use and (ii) | 26 | | installs an electric vehicle charging station on his or her own |
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| 1 | | premises without the assistance of any other person. | 2 | | (e) Fees and penalties collected under this Section shall | 3 | | be deposited into the Public Utility Fund and used to fund the | 4 | | Commission's compliance with the obligations imposed by this | 5 | | Section. | 6 | | (f) The rules established under subsection (d) of this | 7 | | Section shall specify the initial dates for compliance with the | 8 | | rules. | 9 | | (g) The certification of persons or entities that install, | 10 | | maintain, or repair distributed generation facilities and | 11 | | electric vehicle charging stations as set forth in this Section | 12 | | is an exclusive power and function of the State. A home rule | 13 | | unit or other units of local government authority may subject | 14 | | persons or entities that install, maintain, or repair | 15 | | distributed generation facilities or electric vehicle charging | 16 | | stations as set forth in this Section to any applicable local | 17 | | licensing, siting, and permitting requirements otherwise | 18 | | permitted under law so long as only Commission-certified | 19 | | persons or entities are authorized to install, maintain, or | 20 | | repair distributed generation facilities or electric vehicle | 21 | | charging stations. This Section is a limitation under | 22 | | subsection (h) of Section 6 of Article VII of the Illinois | 23 | | Constitution on the exercise by home rule units of powers and | 24 | | functions exclusively exercised by the State. | 25 | | (Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.) |
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| 1 | | (Text of Section after amendment by P.A. 99-906 ) | 2 | | Sec. 16-128A. Certification of installers, maintainers, or | 3 | | repairers. | 4 | | (a) Within 18 months of the effective date of this | 5 | | amendatory Act of the 97th General Assembly, the Commission | 6 | | shall adopt rules, including emergency rules, establishing | 7 | | certification requirements ensuring that entities installing | 8 | | distributed generation facilities are in compliance with the | 9 | | requirements of subsection (a) of Section 16-128 of this Act. | 10 | | For purposes of this Section, the phrase "entities | 11 | | installing distributed generation facilities" shall include, | 12 | | but not be limited to, all entities that are exempt from the | 13 | | definition of "alternative retail electric supplier" under | 14 | | item (v) of Section 16-102 of this Act.
For purposes of this | 15 | | Section, the phrase "self-installer" means an individual who | 16 | | (i) leases or purchases a cogeneration facility for his or her | 17 | | own personal use and (ii) installs such cogeneration or | 18 | | self-generation facility on his or her own premises without the | 19 | | assistance of any other person. | 20 | | (b) In addition to any authority granted to the Commission | 21 | | under this Act, the Commission is also authorized to: (1) | 22 | | determine which entities are subject to certification under | 23 | | this Section; (2) impose reasonable certification fees and | 24 | | penalties; (3) adopt disciplinary procedures; (4) investigate | 25 | | any and all activities subject to this Section, including | 26 | | violations thereof; (5) adopt procedures to issue or renew, or |
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| 1 | | to refuse to issue or renew, a certification or to revoke, | 2 | | suspend, place on probation, reprimand, or otherwise | 3 | | discipline a certified entity under this Act or take other | 4 | | enforcement action against an entity subject to this Section; | 5 | | and (6) prescribe forms to be issued for the administration and | 6 | | enforcement of this Section. | 7 | | (c) No electric utility shall provide a retail customer | 8 | | with net metering service related to interconnection of that | 9 | | customer's distributed generation facility unless the customer | 10 | | provides the electric utility with (i) a certification that the | 11 | | customer installing the distributed generation facility was a | 12 | | self-installer or (ii) evidence that the distributed | 13 | | generation facility was installed by an entity certified under | 14 | | this Section that is also in good standing with the Commission. | 15 | | For purposes of this subsection, a retail customer includes | 16 | | that customer's employees, officers, and agents. An electric | 17 | | utility shall file a tariff or tariffs with the Commission | 18 | | setting forth the documentation, as specified by Commission | 19 | | rule, that a retail customer must provide to an electric | 20 | | utility. The provisions of this subsection (c) shall apply on | 21 | | or after the effective date of the Commission's rules | 22 | | prescribed pursuant to subsection (a) of this Section. | 23 | | (d) Within 180 days after the effective date of this | 24 | | amendatory Act of the 97th General Assembly, the Commission | 25 | | shall initiate a rulemaking proceeding to establish | 26 | | certification requirements that shall be applicable to persons |
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| 1 | | or entities that install, maintain, or repair electric vehicle | 2 | | charging stations. The notification and certification | 3 | | requirements of this Section shall only be applicable to | 4 | | individuals or entities that perform work on or within an | 5 | | electric vehicle charging station, including, but not limited | 6 | | to, connection of power to an electric vehicle charging | 7 | | station. | 8 | | For the purposes of this Section "electric vehicle charging | 9 | | station" means any facility or equipment that is used to charge | 10 | | a battery or other energy storage device of an electric | 11 | | vehicle.
| 12 | | Rules regulating the installation, maintenance, or repair | 13 | | of electric vehicle charging stations, in which the Commission | 14 | | may establish separate requirements based upon the | 15 | | characteristics of electric vehicle charging stations, so long | 16 | | as it is in accordance with the requirements of subsection (a) | 17 | | of Section 16-128 and Section 16-128A of this Act, shall: | 18 | | (1) establish a certification process for persons or | 19 | | entities that install, maintain, or repair of electric | 20 | | vehicle charging stations; | 21 | | (2) require persons or entities that install, | 22 | | maintain, or repair electric vehicle stations to be | 23 | | certified to do business and to be bonded in the State; | 24 | | (3) ensure that persons or entities that install, | 25 | | maintain, or repair electric vehicle charging stations | 26 | | have the requisite knowledge, skills, training, |
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| 1 | | experience, and competence to perform functions in a safe | 2 | | and reliable manner as required under subsection (a) of | 3 | | Section 16-128 of this Act; | 4 | | (4) impose reasonable certification fees and penalties | 5 | | on persons or entities that install, maintain, or repair of | 6 | | electric vehicle charging stations for noncompliance of | 7 | | the rules adopted under this subsection; | 8 | | (5) ensure that all persons or entities that install, | 9 | | maintain, or repair electric vehicle charging stations | 10 | | conform to applicable building and electrical codes; | 11 | | (6) ensure that all electric vehicle charging stations | 12 | | meet recognized industry standards as the Commission deems | 13 | | appropriate, such as the National Electric Code (NEC) and | 14 | | standards developed or created by the Institute of | 15 | | Electrical and Electronics Engineers (IEEE), the Electric | 16 | | Power Research Institute (EPRI), the Detroit Edison | 17 | | Institute (DTE), the Underwriters Laboratory (UL), the | 18 | | Society of Automotive Engineers (SAE), and the National | 19 | | Institute of Standards and Technology (NIST); | 20 | | (7) include any additional requirements that the | 21 | | Commission deems reasonable to ensure that persons or | 22 | | entities that install, maintain, or repair electric | 23 | | vehicle charging stations meet adequate training, | 24 | | financial, and competency requirements; | 25 | | (8) ensure that the obligations required under this | 26 | | Section and subsection (a) of Section 16-128 of this Act |
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| 1 | | are met prior to the interconnection of any electric | 2 | | vehicle charging station; | 3 | | (9) ensure electric vehicle charging stations | 4 | | installed by a self-installer are not used for any | 5 | | commercial purpose; | 6 | | (10) establish an inspection procedure for the | 7 | | conversion of electric vehicle charging stations installed | 8 | | by a self-installer if it is determined that the | 9 | | self-installed electric vehicle charging station is being | 10 | | used for commercial purposes; | 11 | | (11) establish the requirement that all persons or | 12 | | entities that install electric vehicle charging stations | 13 | | shall notify the servicing electric utility in writing of | 14 | | plans to install an electric vehicle charging station and | 15 | | shall notify the servicing electric utility in writing when | 16 | | installation is complete; | 17 | | (12) ensure that all persons or entities that install, | 18 | | maintain, or repair electric vehicle charging stations | 19 | | obtain certificates of insurance in sufficient amounts and | 20 | | coverages that the Commission so determines and, if | 21 | | necessary as determined by the Commission, names the | 22 | | affected public utility as an additional insured; and | 23 | | (13) identify and determine the training or other | 24 | | programs by which persons or entities may obtain the | 25 | | requisite training, skills, or experience necessary to | 26 | | achieve and maintain compliance with the requirements set |
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| 1 | | forth in this subsection and subsection (a) of Section | 2 | | 16-128 to install, maintain, or repair electric vehicle | 3 | | charging stations. | 4 | | Within 18 months after the effective date of this | 5 | | amendatory Act of the 97th General Assembly, the Commission | 6 | | shall adopt rules, and may, if it deems necessary, adopt | 7 | | emergency rules, for the installation, maintenance, or repair | 8 | | of electric vehicle charging stations. | 9 | | All retail customers who own, maintain, or repair an | 10 | | electric vehicle charging station shall provide the servicing | 11 | | electric utility (i) a certification that the customer | 12 | | installing the electric vehicle charging station was a | 13 | | self-installer or (ii) evidence that the electric vehicle | 14 | | charging station was installed by an entity certified under | 15 | | this subsection (d) that is also in good standing with the | 16 | | Commission. For purposes of this subsection (d), a retail | 17 | | customer includes that retail customer's employees, officers, | 18 | | and agents. If the electric vehicle charging station was not | 19 | | installed by a self-installer, then the person or entity that | 20 | | plans to install the electric vehicle charging station shall | 21 | | provide notice to the servicing electric utility prior to | 22 | | installation and when installation is complete and provide any | 23 | | other information required by the Commission's rules | 24 | | established under subsection (d) of this Section. An electric | 25 | | utility shall file a tariff or tariffs with the Commission | 26 | | setting forth the documentation, as specified by Commission |
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| 1 | | rule, that a retail customer who owns, uses, operates, or | 2 | | maintains an electric vehicle charging station must provide to | 3 | | an electric utility. | 4 | | For the purposes of this subsection, an electric vehicle | 5 | | charging station shall constitute a distribution facility or | 6 | | equipment as that term is used in subsection (a) of Section | 7 | | 16-128 of this Act. The phrase "self-installer" means an | 8 | | individual who (i) leases or purchases an electric vehicle | 9 | | charging station for his or her own personal use and (ii) | 10 | | installs an electric vehicle charging station on his or her own | 11 | | premises without the assistance of any other person. | 12 | | (e) Fees and penalties collected under this Section shall | 13 | | be deposited into the Public Utility Fund and used to fund the | 14 | | Commission's compliance with the obligations imposed by this | 15 | | Section. | 16 | | (f) The rules established under subsection (d) of this | 17 | | Section shall specify the initial dates for compliance with the | 18 | | rules. | 19 | | (g) Within 18 months of the effective date of this | 20 | | amendatory Act of the 99th General Assembly, the Commission | 21 | | shall adopt rules, including emergency rules, establishing a | 22 | | process for entities installing a new utility-scale wind | 23 | | project or a new utility-scale solar project to certify | 24 | | compliance with the requirements of this Section. For purposes | 25 | | of this Section, the phrase "entities installing a new | 26 | | utility-scale wind project or a new utility-scale solar |
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| 1 | | project" shall include, but is not limited to, any entity | 2 | | installing new wind projects or new photovoltaic projects as | 3 | | such terms are defined in subsection (c) of Section 1-75 of the | 4 | | Illinois Power Agency Act. | 5 | | The process shall include an option to complete the | 6 | | certification electronically by completing forms on-line. An | 7 | | entity installing a new utility-scale wind project or a new | 8 | | utility-scale solar project shall be permitted to complete | 9 | | certification after the subject work has been completed. The | 10 | | Commission shall maintain on its website a list of entities | 11 | | installing new utility-scale wind projects or new | 12 | | utility-scale solar projects measures that have successfully | 13 | | completed the certification process. | 14 | | (h) In addition to any authority granted to the Commission | 15 | | under this Act, the Commission is also authorized to: (1) | 16 | | determine which entities are subject to certification under | 17 | | subsection (g) of this Section; (2) impose reasonable | 18 | | certification fees and penalties; (3) adopt disciplinary | 19 | | procedures; (4) investigate any and all activities subject to | 20 | | subsection (g) or this subsection (h) of this Section, | 21 | | including violations thereof; (5) adopt procedures to issue or | 22 | | renew, or to refuse to issue or renew, a certification or to | 23 | | revoke, suspend, place on probation, reprimand, or otherwise | 24 | | discipline a certified entity under subsection (g) of this | 25 | | Section or take other enforcement action against an entity | 26 | | subject to subsection (g) or this subsection (h) of this |
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| 1 | | Section; (6) prescribe forms to be issued for the | 2 | | administration and enforcement of subsection (g) and this | 3 | | subsection (h) of this Section; and (7) establish requirements | 4 | | to ensure that entities installing a new wind project or a new | 5 | | photovoltaic project have the requisite knowledge, skills, | 6 | | training, experience, and competence to perform in a safe and | 7 | | reliable manner as required by subsection (a) of Section 16-128 | 8 | | of this Act. | 9 | | (i) The certification of persons or entities that install, | 10 | | maintain, or repair new wind projects, new photovoltaic | 11 | | projects, distributed generation facilities, and electric | 12 | | vehicle charging stations as set forth in this Section is an | 13 | | exclusive power and function of the State. A home rule unit or | 14 | | other units of local government authority may subject persons | 15 | | or entities that install, maintain, or repair new wind | 16 | | projects, new photovoltaic projects, distributed generation | 17 | | facilities, or electric vehicle charging stations as set forth | 18 | | in this Section to any applicable local licensing, siting, and | 19 | | permitting requirements otherwise permitted under law so long | 20 | | as only Commission-certified persons or entities are | 21 | | authorized to install, maintain, or repair new wind projects, | 22 | | new photovoltaic projects, distributed generation facilities, | 23 | | or electric vehicle charging stations. This Section is a | 24 | | limitation under subsection (h) of Section 6 of Article VII of | 25 | | the Illinois Constitution on the exercise by home rule units of | 26 | | powers and functions exclusively exercised by the State. |
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| 1 | | (Source: P.A. 99-906, eff. 6-1-17.) | 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law or on the date Public Act 99-906 takes effect, | 11 | | whichever is later.".
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