Public Act 095-0660
SB0215 Enrolled LRB095 10780 MJR 31023 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Public Utilities Act is amended by adding
Section 8-408 as follows:
    (220 ILCS 5/8-408 new)
    Sec. 8-408. Energy efficiency plans for small
multi-jurisdictional utilities.
    (a) Any electric or gas public utility with fewer than
200,000 customers in Illinois on January 1, 2007 that offers
energy efficiency programs to its customers in a state adjacent
to Illinois may seek the approval of the Commission to offer
the same or comparable energy efficiency programs to its
customers in Illinois. For each program to be offered, the
utility shall submit to the Commission:
        (1) a description of the program;
        (2) a proposed implementation schedule and method;
        (3) the number of eligible participants;
        (4) the expected rate of participation per year;
        (5) the estimated annual peak demand and energy
        (6) the budget or level of spending; and
        (7) the rate impacts and average bill impacts, by
    customer class, resulting from the program.
    The Commission shall approve each program demonstrated to
be cost-effective. Programs for low-income customers shall be
approved by the Commission even if they have not been
demonstrated to be cost-effective if they are demonstrated to
be reasonable. An order of the State agency that regulates the
rates of the utility in the adjacent state that finds a program
to be cost-effective or reasonable shall be sufficient to
demonstrate that the program is cost-effective or reasonable
for the utility's customers in Illinois. Approved programs may
be delivered by the utility or by a contractor or agent of the
    (b) Notwithstanding the provisions of Section 9-201, a
public utility providing approved energy efficiency programs
in the State shall be permitted to recover the reasonable costs
of those programs through an automatic adjustment clause tariff
filed with and approved by the Commission. Each year the
Commission shall initiate a review to reconcile any amounts
collected with the actual costs and to determine the adjustment
to the annual tariff factor to match annual expenditures. The
determination shall be made within 90 days after the date of
initiation of the review.
    (c) The utility may request a waiver of one or more
components of an approved energy efficiency program at any time
in order to improve the program's effectiveness. The Commission
may grant the waiver if good cause is shown by the utility.
Notwithstanding the cessation of the programs, a utility shall
file a final reconciliation of the amounts collected as
compared to the actual costs and shall continue the resulting
factor until any over-recovery or under-recovery approaches
    (d) A public utility that offers approved energy efficiency
programs in the State may do so through at least December 31,
2012. The Commission shall monitor the performance of the
energy efficiency programs and, on or before October 31, 2012,
the Commission shall make a determination regarding whether the
programs should be continued beyond calendar year 2012. The
Commission shall also file a written report with the General
Assembly explaining the basis for that determination and
detailing the results of the energy efficiency programs,
including energy savings, participation numbers, and costs.
    Section 99. Effective date. This Act takes effect January
1, 2008.