Illinois General Assembly - Full Text of Public Act 099-0107
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Public Act 099-0107





Public Act 099-0107
SB1312 EnrolledLRB099 06843 HAF 26917 b

    AN ACT concerning utilities.
    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 changing
Section 4-304 as follows:
    (220 ILCS 5/4-304)  (from Ch. 111 2/3, par. 4-304)
    Sec. 4-304. Beginning in 1986, the Commission shall prepare
an annual report which shall be filed by January 31 of each
year with the Joint Committee on Legislative Support Services
of the General Assembly, the Public Counsel and the Governor
and which shall be publicly available. Such report shall
    (1) A general review of agency activities and changes,
        (a) a review of significant decisions and other
    regulatory actions for the preceding year, and pending
    cases, and an analysis of the impact of such decisions and
    actions, and potential impact of any significant pending
        (b) for each significant decision, regulatory action
    and pending case, a description of the positions advocated
    by major parties, including Commission staff, and for each
    such decision rendered or action taken, the position
    adopted by the Commission and reason therefor;
        (c) a description of the Commission's budget,
    caseload, and staff levels, including specifically:
            (i) a breakdown by type of case of the cases
        resolved and filed during the year and of pending
            (ii) a description of the allocation of the
        Commission's budget, identifying amounts budgeted for
        each significant regulatory function or activity and
        for each department, bureau, section, division or
        office of the Commission and its employees;
            (iii) a description of current employee levels,
        identifying any change occurring during the year in the
        number of employees, personnel policies and practices
        or compensation levels; and identifying the number and
        type of employees assigned to each Commission
        regulatory function and to each department, bureau,
        section, division or office of the Commission;
        (d) a description of any significant changes in
    Commission policies, programs or practices with respect to
    agency organization and administration, hearings and
    procedures or substantive regulatory activity.
    (2) A discussion and analysis of the state of each utility
industry regulated by the Commission and significant changes,
trends and developments therein, including the number and types
of firms offering each utility service, existing, new and
prospective technologies, variations in the quality,
availability and price for utility services in different
geographic areas of the State, and any other industry factors
or circumstances which may affect the public interest or the
regulation of such industries.
    (3) A specific discussion of the energy planning
responsibilities and activities of the Commission and energy
utilities, including:
        (a) the extent to which conservation, cogeneration,
    renewable energy technologies and improvements in energy
    efficiency are being utilized by energy consumers, the
    extent to which additional potential exists for the
    economical utilization of such supplies, and a description
    of existing and proposed programs and policies designed to
    promote and encourage such utilization;
        (b) a description of each energy plan filed with the
    Commission pursuant to the provisions of this Act, and a
    copy, or detailed summary of the most recent energy plans
    adopted by the Commission; and
        (c) a discussion of the powers by which the Commission
    is implementing the planning responsibilities of Article
    VIII, including a description of the staff and budget
    assigned to such function, the procedures by which
    Commission staff reviews and analyzes energy plans
    submitted by the utilities, the Department of Natural
    Resources, and any other person or party; and .
        (d) a summary of the adoption of solar photovoltaic
    systems by residential and small business consumers in
    Illinois and a description of any and all barriers to
    residential and small business consumers' financing,
    installation, and valuation of energy produced by solar
    photovoltaic systems; electric utilities, alternative
    retail electric suppliers, and installers of distributed
    generation shall provide all information requested by the
    Commission or its staff necessary to complete the analysis
    required by this paragraph (d).
    (4) A discussion of the extent to which utility services
are available to all Illinois citizens including:
        (a) the percentage and number of persons or households
    requiring each such service who are not receiving such
    service, and the reasons therefore, including specifically
    the number of such persons or households who are unable to
    afford such service;
        (b) a critical analysis of existing programs designed
    to promote and preserve the availability and affordability
    of utility services; and
        (c) an analysis of the financial impact on utilities
    and other ratepayers of the inability of some customers or
    potential customers to afford utility service, including
    the number of service disconnections and reconnections,
    and cost thereof and the dollar amount of uncollectible
    accounts recovered through rates.
    (5) A detailed description of the means by which the
Commission is implementing its new statutory responsibilities
under this Act, and the status of such implementation,
including specifically:
        (a) Commission reorganization resulting from the
    addition of an Executive Director and hearing examiner
    qualifications and review;
        (b) Commission responsibilities for construction and
    rate supervision, including construction cost audits,
    management audits, excess capacity adjustments, phase-ins
    of new plant and the means and capability for monitoring
    and reevaluating existing or future construction projects;
        (c) promulgation and application of rules concerning
    ex parte communications, circulation of recommended orders
    and transcription of closed meetings.
    (6) A description of all appeals taken from Commission
orders, findings or decisions and the status and outcome of
such appeals.
    (7) A description of the status of all studies and
investigations required by this Act, including those ordered
pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all
such subsequently ordered studies or investigations.
    (8) A discussion of new or potential developments in
federal legislation, and federal agency and judicial decisions
relevant to State regulation of utility services.
    (9) All recommendations for appropriate legislative action
by the General Assembly.
    The Commission may include such other information as it
deems to be necessary or beneficial in describing or explaining
its activities or regulatory responsibilities. The report
required by this Section shall be adopted by a vote of the full
Commission prior to filing.
(Source: P.A. 91-357, eff. 7-29-99.)
    Section 10. If and only if House Bill 3766 of the 99th
General Assembly becomes law in the form in which it passed
both houses on May 26, 2015, then the Public Utilities Act is
amended by changing Section 16-119 as follows:
    (220 ILCS 5/16-119)
    Sec. 16-119. Switching suppliers. An electric utility or an
alternative retail electric supplier may establish a term of
service, notice period for terminating service and provisions
governing early termination through a tariff or contract. A
customer may change its supplier subject to tariff or contract
terms and conditions. Any notice provisions; or provision for a
fee, charge or penalty with early termination of a contract;
shall be conspicuously disclosed in any tariff or contract. Any
tariff filed or contract renewed or entered into on and after
the effective date of this amendatory Act of the 99th General
Assembly that contains an early termination clause shall
disclose the amount of the early termination fee or penalty,
provided that any early termination fee or penalty shall not
exceed $50 total for residential customers and $150 for small
commercial retail customers as defined in Section 16-102 of
this Act, regardless of whether or not the tariff or contract
is a multiyear tariff or contract. A customer shall remain
responsible for any unpaid charges owed to an electric utility
or alternative retail electric supplier at the time it switches
to another provider.
    The caps on early termination fees and penalties under this
Section shall apply only to early termination fees and
penalties for early termination of electric service. The caps
shall not apply to charges or fees for devices, equipment, or
other services provided by the utility or alternative retail
electric supplier.
(Source: P.A. 90-561, eff. 12-16-97; 09900HB3766enr.)
    Section 99. Effective date. This Section takes effect upon
becoming law. Section 10 takes effect upon becoming law or on
the date House Bill 3766 of the 99th General Assembly takes
effect, whichever is later.

Effective Date: 07/22/2015