Full Text of HB1198 103rd General Assembly
HB1198ham002 103RD GENERAL ASSEMBLY | Rep. Dave Vella Filed: 3/14/2024 | | 10300HB1198ham002 | | LRB103 05945 RTM 70923 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1198
| 2 | | AMENDMENT NO. ______. Amend House Bill 1198 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing Section 16-128A as follows: | 6 | | (220 ILCS 5/16-128A) | 7 | | Sec. 16-128A. Certification of installers, maintainers, or | 8 | | repairers. | 9 | | (a) Within 18 months of the effective date of this | 10 | | amendatory Act of the 97th General Assembly, the Commission | 11 | | shall adopt rules, including emergency rules, establishing | 12 | | certification requirements ensuring that entities installing | 13 | | distributed generation facilities are in compliance with the | 14 | | requirements of subsection (a) of Section 16-128 of this Act. | 15 | | For purposes of this Section, the phrase "entities | 16 | | installing distributed generation facilities" shall include, |
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| 1 | | but not be limited to, all entities that are exempt from the | 2 | | definition of "alternative retail electric supplier" under | 3 | | item (v) of Section 16-102 of this Act. For purposes of this | 4 | | Section, the phrase "self-installer" means an individual who | 5 | | (i) leases or purchases a cogeneration facility for his or her | 6 | | own personal use and (ii) installs such cogeneration or | 7 | | self-generation facility on his or her own premises without | 8 | | the assistance of any other person. | 9 | | (b) In addition to any authority granted to the Commission | 10 | | under this Act, the Commission is also authorized to: (1) | 11 | | determine which entities are subject to certification under | 12 | | this Section; (2) impose reasonable certification fees and | 13 | | penalties; (3) adopt disciplinary procedures; (4) investigate | 14 | | any and all activities subject to this Section, including | 15 | | violations thereof; (5) adopt procedures to issue or renew, or | 16 | | to refuse to issue or renew, a certification or to revoke, | 17 | | suspend, place on probation, reprimand, or otherwise | 18 | | discipline a certified entity under this Act or take other | 19 | | enforcement action against an entity subject to this Section; | 20 | | and (6) prescribe forms to be issued for the administration | 21 | | and enforcement of this Section. | 22 | | (c) No electric utility shall provide a retail customer | 23 | | with net metering service related to interconnection of that | 24 | | customer's distributed generation facility unless the customer | 25 | | provides the electric utility with (i) a certification that | 26 | | the customer installing the distributed generation facility |
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| 1 | | was a self-installer or (ii) evidence that the distributed | 2 | | generation facility was installed by an entity certified under | 3 | | this Section that is also in good standing with the | 4 | | Commission. For purposes of this subsection, a retail customer | 5 | | includes that customer's employees, officers, and agents. An | 6 | | electric utility shall file a tariff or tariffs with the | 7 | | Commission setting forth the documentation, as specified by | 8 | | Commission rule, that a retail customer must provide to an | 9 | | electric utility. The provisions of this subsection (c) shall | 10 | | apply on or after the effective date of the Commission's rules | 11 | | prescribed pursuant to subsection (a) of this Section. | 12 | | (d) Within 180 days after the effective date of this | 13 | | amendatory Act of the 103rd General Assembly this amendatory | 14 | | Act of the 97th General Assembly , the Commission shall | 15 | | initiate a rulemaking proceeding to establish certification | 16 | | requirements that shall apply be applicable to persons or | 17 | | entities that install, maintain, or repair electric vehicle | 18 | | charging systems 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 system station, including, but not | 22 | | limited to, connection of power to an electric vehicle | 23 | | charging station . | 24 | | For the purposes of this Section "electric vehicle | 25 | | charging system station " means any facility or equipment that | 26 | | is used to charge a battery or other energy storage device of |
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| 1 | | an electric vehicle installed in Illinois, including the | 2 | | electric vehicle supply equipment (EVSE), associated wiring | 3 | | and raceways, electrical service upgrades, and energy | 4 | | management and metering equipment installed in Illinois. A | 5 | | "qualified vehicle charging system" does not include work | 6 | | traditionally performed by other trades, including, but not | 7 | | limited to, the installation, maintenance, or repair of rebar, | 8 | | protective bollards, and signage . | 9 | | As used in this Section, "qualified electrician" means an | 10 | | electrician employed by a licensed, bonded, and insured | 11 | | electrical contractor who has completed training specific to | 12 | | the electric vehicle equipment, electrical construction, and | 13 | | safety through the Electric Vehicle Infrastructure Training | 14 | | Program (EVITP) certification, as required by the National | 15 | | Electric Vehicle Infrastructure (NEVI) program facilitated by | 16 | | the United States Department of Transportation. | 17 | | Rules regulating the installation, maintenance, or repair | 18 | | of electric vehicle charging systems stations , in which the | 19 | | Commission may establish separate requirements based upon the | 20 | | characteristics of electric vehicle charging systems stations , | 21 | | so long as it is in accordance with the requirements of | 22 | | subsection (a) of Section 16-128 and Section 16-128A of this | 23 | | Act, shall: | 24 | | (1) establish a certification process to mandate that | 25 | | all electric vehicle charging systems in Illinois are | 26 | | installed, maintained, and repaired by qualified |
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| 1 | | electricians for persons or entities that install, | 2 | | maintain, or repair of electric vehicle charging stations ; | 3 | | (2) require persons or entities that install, | 4 | | maintain, or repair electric vehicle systems stations to | 5 | | be certified to do business and to be bonded in the State; | 6 | | (3) (blank); ensure that persons or entities that | 7 | | install, maintain, or repair electric vehicle charging | 8 | | stations have the requisite knowledge, skills, training, | 9 | | experience, and competence to perform functions in a safe | 10 | | and reliable manner as required under subsection (a) of | 11 | | Section 16-128 of this Act; | 12 | | (4) impose reasonable certification fees and penalties | 13 | | on persons or entities that install, maintain, or repair | 14 | | of electric vehicle charging systems stations for | 15 | | noncompliance of the rules adopted under this subsection; | 16 | | (5) (blank); ensure that all persons or entities that | 17 | | install, maintain, or repair electric vehicle charging | 18 | | stations conform to applicable building and electrical | 19 | | codes; | 20 | | (6) ensure that all electric vehicle charging systems | 21 | | stations meet recognized industry standards as the | 22 | | Commission deems appropriate, such as the National | 23 | | Electric Code (NEC) and standards developed or created by | 24 | | the Institute of Electrical and Electronics Engineers | 25 | | (IEEE), the Electric Power Research Institute (EPRI), the | 26 | | Detroit Edison Institute (DTE), the Underwriters |
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| 1 | | Laboratory (UL), the Society of Automotive Engineers | 2 | | (SAE), and the National Institute of Standards and | 3 | | Technology (NIST); | 4 | | (7) (blank); include any additional requirements that | 5 | | the Commission deems reasonable to ensure that persons or | 6 | | entities that install, maintain, or repair electric | 7 | | vehicle charging stations meet adequate training, | 8 | | financial, and competency requirements; | 9 | | (8) ensure that the obligations required under this | 10 | | Section and subsection (a) of Section 16-128 of this Act | 11 | | are met prior to the interconnection of any electric | 12 | | vehicle charging system station ; | 13 | | (9) (blank); ensure electric vehicle charging stations | 14 | | installed by a self-installer are not used for any | 15 | | commercial purpose; | 16 | | (10) (blank); establish an inspection procedure for | 17 | | the conversion of electric vehicle charging stations | 18 | | installed by a self-installer if it is determined that the | 19 | | self-installed electric vehicle charging station is being | 20 | | used for commercial purposes; | 21 | | (11) establish the requirement that all persons or | 22 | | entities that install electric vehicle charging systems | 23 | | stations shall notify the servicing electric utility in | 24 | | writing of plans to install an electric vehicle charging | 25 | | system station and shall notify the servicing electric | 26 | | utility in writing when installation is complete; |
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| 1 | | (12) ensure that all persons or entities that install, | 2 | | maintain, or repair electric vehicle charging systems | 3 | | stations obtain certificates of insurance in sufficient | 4 | | amounts and coverages that the Commission so determines | 5 | | and, if necessary as determined by the Commission, names | 6 | | the affected public utility as an additional insured; and | 7 | | (13) (blank). identify and determine the training or | 8 | | other programs by which persons or entities may obtain the | 9 | | requisite training, skills, or experience necessary to | 10 | | achieve and maintain compliance with the requirements set | 11 | | forth in this subsection and subsection (a) of Section | 12 | | 16-128 to install, maintain, or repair electric vehicle | 13 | | charging stations. | 14 | | Within 18 months after the effective date of this | 15 | | amendatory Act of the 103rd General Assembly this amendatory | 16 | | Act of the 97th General Assembly , the Commission shall adopt | 17 | | rules, and may, if it deems necessary, adopt emergency rules, | 18 | | for the installation, maintenance, or repair of electric | 19 | | vehicle charging systems stations . | 20 | | All retail customers who own , maintain, or repair an | 21 | | electric vehicle charging system station shall provide the | 22 | | servicing electric utility (i) a certification that the | 23 | | customer installing the electric vehicle charging station was | 24 | | a self-installer or (ii) evidence that the electric vehicle | 25 | | charging system station was installed by a qualified | 26 | | electrician an entity certified under this subsection (d) that |
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| 1 | | is also in good standing with the Commission . For purposes of | 2 | | this subsection (d), a retail customer includes that retail | 3 | | customer's employees, officers, and agents. A qualified | 4 | | electrician If the electric vehicle charging station was not | 5 | | installed by a self-installer, then the person or entity that | 6 | | plans to install the electric vehicle charging station shall | 7 | | provide notice to the servicing electric utility prior to | 8 | | installation and when installation is complete and provide any | 9 | | other information required by the Commission's rules | 10 | | established under subsection (d) of this Section. An electric | 11 | | utility shall file a tariff or tariffs with the Commission | 12 | | setting forth the documentation, as specified by Commission | 13 | | rule, that a retail customer who owns, uses, or operates , or | 14 | | maintains an electric vehicle charging system station must | 15 | | provide to an electric utility. | 16 | | For the purposes of this subsection, an electric vehicle | 17 | | charging system station shall constitute a distribution | 18 | | facility or equipment as that term is used in subsection (a) of | 19 | | Section 16-128 of this Act. The phrase "self-installer" means | 20 | | an individual who (i) leases or purchases an electric vehicle | 21 | | charging station for his or her own personal use and (ii) | 22 | | installs an electric vehicle charging station on his or her | 23 | | own premises without the assistance of any other person. | 24 | | (e) Fees and penalties collected under this Section shall | 25 | | be deposited into the Public Utility Fund and used to fund the | 26 | | Commission's compliance with the obligations imposed by this |
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| 1 | | Section. | 2 | | (f) The rules established under subsection (d) of this | 3 | | Section shall specify the initial dates for compliance with | 4 | | the rules. | 5 | | (g) Within 18 months of the effective date of this | 6 | | amendatory Act of the 99th General Assembly, the Commission | 7 | | shall adopt rules, including emergency rules, establishing a | 8 | | process for entities installing a new utility-scale solar | 9 | | project to certify compliance with the requirements of this | 10 | | Section. For purposes of this Section, the phrase "entities | 11 | | installing a new utility-scale solar project" shall include, | 12 | | but is not limited to, any entity installing new photovoltaic | 13 | | projects as such terms are defined in subsection (c) of | 14 | | Section 1-75 of the Illinois Power Agency Act. | 15 | | The process shall include an option to complete the | 16 | | certification electronically by completing forms online | 17 | | on-line . An entity installing a new utility-scale solar | 18 | | project shall be permitted to complete certification after the | 19 | | subject work has been completed. The Commission shall maintain | 20 | | on its website a list of entities installing new utility-scale | 21 | | solar projects measures that have successfully completed the | 22 | | certification process. | 23 | | (h) In addition to any authority granted to the Commission | 24 | | under this Act, the Commission is also authorized to: (1) | 25 | | determine which entities are subject to certification under | 26 | | subsection (g) of this Section; (2) impose reasonable |
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| 1 | | certification fees and penalties; (3) adopt disciplinary | 2 | | procedures; (4) investigate any and all activities subject to | 3 | | subsection (g) or this subsection (h) of this Section, | 4 | | including violations thereof; (5) adopt procedures to issue or | 5 | | renew, or to refuse to issue or renew, a certification or to | 6 | | revoke, suspend, place on probation, reprimand, or otherwise | 7 | | discipline a certified entity under subsection (g) of this | 8 | | Section or take other enforcement action against an entity | 9 | | subject to subsection (g) or this subsection (h) of this | 10 | | Section; (6) prescribe forms to be issued for the | 11 | | administration and enforcement of subsection (g) and this | 12 | | subsection (h) of this Section; and (7) establish requirements | 13 | | to ensure that entities installing a new photovoltaic project | 14 | | have the requisite knowledge, skills, training, experience, | 15 | | and competence to perform in a safe and reliable manner as | 16 | | required by subsection (a) of Section 16-128 of this Act. | 17 | | (i) The certification of persons or entities that install, | 18 | | maintain, or repair new photovoltaic projects, distributed | 19 | | generation facilities, and electric vehicle charging systems | 20 | | stations as set forth in this Section is an exclusive power and | 21 | | function of the State. A home rule unit or other units of local | 22 | | government authority may subject persons or entities that | 23 | | install, maintain, or repair new photovoltaic projects, | 24 | | distributed generation facilities, or electric vehicle | 25 | | charging systems stations as set forth in this Section to any | 26 | | applicable local licensing, siting, and permitting |
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| 1 | | requirements otherwise permitted under law so long as only | 2 | | Commission-certified persons or entities are authorized to | 3 | | install, maintain, or repair new photovoltaic projects, | 4 | | distributed generation facilities, or electric vehicle | 5 | | charging systems stations . This Section is a limitation under | 6 | | subsection (h) of Section 6 of Article VII of the Illinois | 7 | | Constitution on the exercise by home rule units of powers and | 8 | | functions exclusively exercised by the State. | 9 | | (Source: P.A. 99-906, eff. 6-1-17; 100-16, eff. 6-30-17.) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.". |
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