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| Public Act 100-0016 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing | ||||
Section 16-128A as follows: | ||||
(220 ILCS 5/16-128A) | ||||
(Text of Section before amendment by P.A. 99-906) | ||||
Sec. 16-128A. Certification of installers, maintainers, or | ||||
repairers. | ||||
(a) Within 18 months of the effective date of this | ||||
amendatory Act of the 97th General Assembly, the Commission | ||||
shall adopt rules, including emergency rules, establishing | ||||
certification requirements ensuring that entities installing | ||||
distributed generation facilities are in compliance with the | ||||
requirements of subsection (a) of Section 16-128 of this Act. | ||||
For purposes of this Section, the phrase "entities | ||||
installing distributed generation facilities" shall include, | ||||
but not be limited to, all entities that are exempt from the | ||||
definition of "alternative retail electric supplier" under | ||||
item (v) of Section 16-102 of this Act.
For purposes of this | ||||
Section, the phrase "self-installer" means an individual who | ||||
(i) leases or purchases a cogeneration facility for his or her | ||||
own personal use and (ii) installs such cogeneration or | ||||
self-generation facility on his or her own premises without the | ||
assistance of any other person. | ||
(b) In addition to any authority granted to the Commission | ||
under this Act, the Commission is also authorized to: (1) | ||
determine which entities are subject to certification under | ||
this Section; (2) impose reasonable certification fees and | ||
penalties; (3) adopt disciplinary procedures; (4) investigate | ||
any and all activities subject to this Section, including | ||
violations thereof; (5) adopt procedures to issue or renew, or | ||
to refuse to issue or renew, a certification or to revoke, | ||
suspend, place on probation, reprimand, or otherwise | ||
discipline a certified entity under this Act or take other | ||
enforcement action against an entity subject to this Section; | ||
and (6) prescribe forms to be issued for the administration and | ||
enforcement of this Section. | ||
(c) No electric utility shall provide a retail customer | ||
with net metering service related to interconnection of that | ||
customer's distributed generation facility unless the customer | ||
provides the electric utility with (i) a certification that the | ||
customer installing the distributed generation facility was a | ||
self-installer or (ii) evidence that the distributed | ||
generation facility was installed by an entity certified under | ||
this Section that is also in good standing with the Commission. | ||
For purposes of this subsection, a retail customer includes | ||
that customer's employees, officers, and agents. An electric | ||
utility shall file a tariff or tariffs with the Commission | ||
setting forth the documentation, as specified by Commission | ||
rule, that a retail customer must provide to an electric | ||
utility. The provisions of this subsection (c) shall apply on | ||
or after the effective date of the Commission's rules | ||
prescribed pursuant to subsection (a) of this Section. | ||
(d) Within 180 days after the effective date of this | ||
amendatory Act of the 97th General Assembly, the Commission | ||
shall initiate a rulemaking proceeding to establish | ||
certification requirements that shall be applicable to persons | ||
or entities that install, maintain, or repair electric vehicle | ||
charging stations. The notification and certification | ||
requirements of this Section shall only be applicable to | ||
individuals or entities that perform work on or within an | ||
electric vehicle charging station, including, but not limited | ||
to, connection of power to an electric vehicle charging | ||
station. | ||
For the purposes of this Section "electric vehicle charging | ||
station" means any facility or equipment that is used to charge | ||
a battery or other energy storage device of an electric | ||
vehicle.
| ||
Rules regulating the installation, maintenance, or repair | ||
of electric vehicle charging stations, in which the Commission | ||
may establish separate requirements based upon the | ||
characteristics of electric vehicle charging stations, so long | ||
as it is in accordance with the requirements of subsection (a) | ||
of Section 16-128 and Section 16-128A of this Act, shall: | ||
(1) establish a certification process for persons or | ||
entities that install, maintain, or repair of electric | ||
vehicle charging stations; | ||
(2) require persons or entities that install, | ||
maintain, or repair electric vehicle stations to be | ||
certified to do business and to be bonded in the State; | ||
(3) ensure that persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
have the requisite knowledge, skills, training, | ||
experience, and competence to perform functions in a safe | ||
and reliable manner as required under subsection (a) of | ||
Section 16-128 of this Act; | ||
(4) impose reasonable certification fees and penalties | ||
on persons or entities that install, maintain, or repair of | ||
electric vehicle charging stations for noncompliance of | ||
the rules adopted under this subsection; | ||
(5) ensure that all persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
conform to applicable building and electrical codes; | ||
(6) ensure that all electric vehicle charging stations | ||
meet recognized industry standards as the Commission deems | ||
appropriate, such as the National Electric Code (NEC) and | ||
standards developed or created by the Institute of | ||
Electrical and Electronics Engineers (IEEE), the Electric | ||
Power Research Institute (EPRI), the Detroit Edison | ||
Institute (DTE), the Underwriters Laboratory (UL), the | ||
Society of Automotive Engineers (SAE), and the National | ||
Institute of Standards and Technology (NIST); | ||
(7) include any additional requirements that the | ||
Commission deems reasonable to ensure that persons or | ||
entities that install, maintain, or repair electric | ||
vehicle charging stations meet adequate training, | ||
financial, and competency requirements; | ||
(8) ensure that the obligations required under this | ||
Section and subsection (a) of Section 16-128 of this Act | ||
are met prior to the interconnection of any electric | ||
vehicle charging station; | ||
(9) ensure electric vehicle charging stations | ||
installed by a self-installer are not used for any | ||
commercial purpose; | ||
(10) establish an inspection procedure for the | ||
conversion of electric vehicle charging stations installed | ||
by a self-installer if it is determined that the | ||
self-installed electric vehicle charging station is being | ||
used for commercial purposes; | ||
(11) establish the requirement that all persons or | ||
entities that install electric vehicle charging stations | ||
shall notify the servicing electric utility in writing of | ||
plans to install an electric vehicle charging station and | ||
shall notify the servicing electric utility in writing when | ||
installation is complete; | ||
(12) ensure that all persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
obtain certificates of insurance in sufficient amounts and | ||
coverages that the Commission so determines and, if | ||
necessary as determined by the Commission, names the | ||
affected public utility as an additional insured; and | ||
(13) identify and determine the training or other | ||
programs by which persons or entities may obtain the | ||
requisite training, skills, or experience necessary to | ||
achieve and maintain compliance with the requirements set | ||
forth in this subsection and subsection (a) of Section | ||
16-128 to install, maintain, or repair electric vehicle | ||
charging stations. | ||
Within 18 months after the effective date of this | ||
amendatory Act of the 97th General Assembly, the Commission | ||
shall adopt rules, and may, if it deems necessary, adopt | ||
emergency rules, for the installation, maintenance, or repair | ||
of electric vehicle charging stations. | ||
All retail customers who own, maintain, or repair an | ||
electric vehicle charging station shall provide the servicing | ||
electric utility (i) a certification that the customer | ||
installing the electric vehicle charging station was a | ||
self-installer or (ii) evidence that the electric vehicle | ||
charging station was installed by an entity certified under | ||
this subsection (d) that is also in good standing with the | ||
Commission. For purposes of this subsection (d), a retail | ||
customer includes that retail customer's employees, officers, | ||
and agents. If the electric vehicle charging station was not | ||
installed by a self-installer, then the person or entity that | ||
plans to install the electric vehicle charging station shall | ||
provide notice to the servicing electric utility prior to | ||
installation and when installation is complete and provide any | ||
other information required by the Commission's rules | ||
established under subsection (d) of this Section. An electric | ||
utility shall file a tariff or tariffs with the Commission | ||
setting forth the documentation, as specified by Commission | ||
rule, that a retail customer who owns, uses, operates, or | ||
maintains an electric vehicle charging station must provide to | ||
an electric utility. | ||
For the purposes of this subsection, an electric vehicle | ||
charging station shall constitute a distribution facility or | ||
equipment as that term is used in subsection (a) of Section | ||
16-128 of this Act. The phrase "self-installer" means an | ||
individual who (i) leases or purchases an electric vehicle | ||
charging station for his or her own personal use and (ii) | ||
installs an electric vehicle charging station on his or her own | ||
premises without the assistance of any other person. | ||
(e) Fees and penalties collected under this Section shall | ||
be deposited into the Public Utility Fund and used to fund the | ||
Commission's compliance with the obligations imposed by this | ||
Section. | ||
(f) The rules established under subsection (d) of this | ||
Section shall specify the initial dates for compliance with the | ||
rules. | ||
(g) The certification of persons or entities that install, | ||
maintain, or repair distributed generation facilities and | ||
electric vehicle charging stations as set forth in this Section | ||
is an exclusive power and function of the State. A home rule | ||
unit or other units of local government authority may subject | ||
persons or entities that install, maintain, or repair | ||
distributed generation facilities or electric vehicle charging | ||
stations as set forth in this Section to any applicable local | ||
licensing, siting, and permitting requirements otherwise | ||
permitted under law so long as only Commission-certified | ||
persons or entities are authorized to install, maintain, or | ||
repair distributed generation facilities or electric vehicle | ||
charging stations. This Section is a limitation under | ||
subsection (h) of Section 6 of Article VII of the Illinois | ||
Constitution on the exercise by home rule units of powers and | ||
functions exclusively exercised by the State. | ||
(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.) | ||
(Text of Section after amendment by P.A. 99-906) | ||
Sec. 16-128A. Certification of installers, maintainers, or | ||
repairers. | ||
(a) Within 18 months of the effective date of this | ||
amendatory Act of the 97th General Assembly, the Commission | ||
shall adopt rules, including emergency rules, establishing | ||
certification requirements ensuring that entities installing | ||
distributed generation facilities are in compliance with the | ||
requirements of subsection (a) of Section 16-128 of this Act. | ||
For purposes of this Section, the phrase "entities | ||
installing distributed generation facilities" shall include, | ||
but not be limited to, all entities that are exempt from the | ||
definition of "alternative retail electric supplier" under | ||
item (v) of Section 16-102 of this Act.
For purposes of this | ||
Section, the phrase "self-installer" means an individual who | ||
(i) leases or purchases a cogeneration facility for his or her | ||
own personal use and (ii) installs such cogeneration or | ||
self-generation facility on his or her own premises without the | ||
assistance of any other person. | ||
(b) In addition to any authority granted to the Commission | ||
under this Act, the Commission is also authorized to: (1) | ||
determine which entities are subject to certification under | ||
this Section; (2) impose reasonable certification fees and | ||
penalties; (3) adopt disciplinary procedures; (4) investigate | ||
any and all activities subject to this Section, including | ||
violations thereof; (5) adopt procedures to issue or renew, or | ||
to refuse to issue or renew, a certification or to revoke, | ||
suspend, place on probation, reprimand, or otherwise | ||
discipline a certified entity under this Act or take other | ||
enforcement action against an entity subject to this Section; | ||
and (6) prescribe forms to be issued for the administration and | ||
enforcement of this Section. | ||
(c) No electric utility shall provide a retail customer | ||
with net metering service related to interconnection of that | ||
customer's distributed generation facility unless the customer | ||
provides the electric utility with (i) a certification that the | ||
customer installing the distributed generation facility was a | ||
self-installer or (ii) evidence that the distributed | ||
generation facility was installed by an entity certified under | ||
this Section that is also in good standing with the Commission. | ||
For purposes of this subsection, a retail customer includes | ||
that customer's employees, officers, and agents. An electric | ||
utility shall file a tariff or tariffs with the Commission | ||
setting forth the documentation, as specified by Commission | ||
rule, that a retail customer must provide to an electric | ||
utility. The provisions of this subsection (c) shall apply on | ||
or after the effective date of the Commission's rules | ||
prescribed pursuant to subsection (a) of this Section. | ||
(d) Within 180 days after the effective date of this | ||
amendatory Act of the 97th General Assembly, the Commission | ||
shall initiate a rulemaking proceeding to establish | ||
certification requirements that shall be applicable to persons | ||
or entities that install, maintain, or repair electric vehicle | ||
charging stations. The notification and certification | ||
requirements of this Section shall only be applicable to | ||
individuals or entities that perform work on or within an | ||
electric vehicle charging station, including, but not limited | ||
to, connection of power to an electric vehicle charging | ||
station. | ||
For the purposes of this Section "electric vehicle charging | ||
station" means any facility or equipment that is used to charge | ||
a battery or other energy storage device of an electric | ||
vehicle.
| ||
Rules regulating the installation, maintenance, or repair | ||
of electric vehicle charging stations, in which the Commission | ||
may establish separate requirements based upon the | ||
characteristics of electric vehicle charging stations, so long | ||
as it is in accordance with the requirements of subsection (a) | ||
of Section 16-128 and Section 16-128A of this Act, shall: | ||
(1) establish a certification process for persons or | ||
entities that install, maintain, or repair of electric | ||
vehicle charging stations; | ||
(2) require persons or entities that install, | ||
maintain, or repair electric vehicle stations to be | ||
certified to do business and to be bonded in the State; | ||
(3) ensure that persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
have the requisite knowledge, skills, training, | ||
experience, and competence to perform functions in a safe | ||
and reliable manner as required under subsection (a) of | ||
Section 16-128 of this Act; | ||
(4) impose reasonable certification fees and penalties | ||
on persons or entities that install, maintain, or repair of | ||
electric vehicle charging stations for noncompliance of | ||
the rules adopted under this subsection; | ||
(5) ensure that all persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
conform to applicable building and electrical codes; | ||
(6) ensure that all electric vehicle charging stations | ||
meet recognized industry standards as the Commission deems | ||
appropriate, such as the National Electric Code (NEC) and | ||
standards developed or created by the Institute of | ||
Electrical and Electronics Engineers (IEEE), the Electric | ||
Power Research Institute (EPRI), the Detroit Edison | ||
Institute (DTE), the Underwriters Laboratory (UL), the | ||
Society of Automotive Engineers (SAE), and the National | ||
Institute of Standards and Technology (NIST); | ||
(7) include any additional requirements that the | ||
Commission deems reasonable to ensure that persons or | ||
entities that install, maintain, or repair electric | ||
vehicle charging stations meet adequate training, | ||
financial, and competency requirements; | ||
(8) ensure that the obligations required under this | ||
Section and subsection (a) of Section 16-128 of this Act | ||
are met prior to the interconnection of any electric | ||
vehicle charging station; | ||
(9) ensure electric vehicle charging stations | ||
installed by a self-installer are not used for any | ||
commercial purpose; | ||
(10) establish an inspection procedure for the | ||
conversion of electric vehicle charging stations installed | ||
by a self-installer if it is determined that the | ||
self-installed electric vehicle charging station is being | ||
used for commercial purposes; | ||
(11) establish the requirement that all persons or | ||
entities that install electric vehicle charging stations | ||
shall notify the servicing electric utility in writing of | ||
plans to install an electric vehicle charging station and | ||
shall notify the servicing electric utility in writing when | ||
installation is complete; | ||
(12) ensure that all persons or entities that install, | ||
maintain, or repair electric vehicle charging stations | ||
obtain certificates of insurance in sufficient amounts and | ||
coverages that the Commission so determines and, if | ||
necessary as determined by the Commission, names the | ||
affected public utility as an additional insured; and | ||
(13) identify and determine the training or other | ||
programs by which persons or entities may obtain the | ||
requisite training, skills, or experience necessary to | ||
achieve and maintain compliance with the requirements set | ||
forth in this subsection and subsection (a) of Section | ||
16-128 to install, maintain, or repair electric vehicle | ||
charging stations. | ||
Within 18 months after the effective date of this | ||
amendatory Act of the 97th General Assembly, the Commission | ||
shall adopt rules, and may, if it deems necessary, adopt | ||
emergency rules, for the installation, maintenance, or repair | ||
of electric vehicle charging stations. | ||
All retail customers who own, maintain, or repair an | ||
electric vehicle charging station shall provide the servicing | ||
electric utility (i) a certification that the customer | ||
installing the electric vehicle charging station was a | ||
self-installer or (ii) evidence that the electric vehicle | ||
charging station was installed by an entity certified under | ||
this subsection (d) that is also in good standing with the | ||
Commission. For purposes of this subsection (d), a retail | ||
customer includes that retail customer's employees, officers, | ||
and agents. If the electric vehicle charging station was not | ||
installed by a self-installer, then the person or entity that | ||
plans to install the electric vehicle charging station shall | ||
provide notice to the servicing electric utility prior to | ||
installation and when installation is complete and provide any | ||
other information required by the Commission's rules | ||
established under subsection (d) of this Section. An electric | ||
utility shall file a tariff or tariffs with the Commission | ||
setting forth the documentation, as specified by Commission | ||
rule, that a retail customer who owns, uses, operates, or | ||
maintains an electric vehicle charging station must provide to | ||
an electric utility. | ||
For the purposes of this subsection, an electric vehicle | ||
charging station shall constitute a distribution facility or | ||
equipment as that term is used in subsection (a) of Section | ||
16-128 of this Act. The phrase "self-installer" means an | ||
individual who (i) leases or purchases an electric vehicle | ||
charging station for his or her own personal use and (ii) | ||
installs an electric vehicle charging station on his or her own | ||
premises without the assistance of any other person. | ||
(e) Fees and penalties collected under this Section shall | ||
be deposited into the Public Utility Fund and used to fund the | ||
Commission's compliance with the obligations imposed by this | ||
Section. | ||
(f) The rules established under subsection (d) of this | ||
Section shall specify the initial dates for compliance with the | ||
rules. | ||
(g) Within 18 months of the effective date of this | ||
amendatory Act of the 99th General Assembly, the Commission | ||
shall adopt rules, including emergency rules, establishing a | ||
process for entities installing a new utility-scale wind | ||
project or a new utility-scale solar project to certify | ||
compliance with the requirements of this Section. For purposes | ||
of this Section, the phrase "entities installing a new | ||
utility-scale wind project or a new utility-scale solar | ||
project" shall include, but is not limited to, any entity | ||
installing new wind projects or new photovoltaic projects as | ||
such terms are defined in subsection (c) of Section 1-75 of the | ||
Illinois Power Agency Act. | ||
The process shall include an option to complete the | ||
certification electronically by completing forms on-line. An | ||
entity installing a new utility-scale wind project or a new | ||
utility-scale solar project shall be permitted to complete | ||
certification after the subject work has been completed. The | ||
Commission shall maintain on its website a list of entities | ||
installing new utility-scale wind projects or new | ||
utility-scale solar projects measures that have successfully | ||
completed the certification process. | ||
(h) In addition to any authority granted to the Commission | ||
under this Act, the Commission is also authorized to: (1) | ||
determine which entities are subject to certification under | ||
subsection (g) of this Section; (2) impose reasonable | ||
certification fees and penalties; (3) adopt disciplinary | ||
procedures; (4) investigate any and all activities subject to | ||
subsection (g) or this subsection (h) of this Section, | ||
including violations thereof; (5) adopt procedures to issue or | ||
renew, or to refuse to issue or renew, a certification or to | ||
revoke, suspend, place on probation, reprimand, or otherwise | ||
discipline a certified entity under subsection (g) of this | ||
Section or take other enforcement action against an entity | ||
subject to subsection (g) or this subsection (h) of this | ||
Section; (6) prescribe forms to be issued for the | ||
administration and enforcement of subsection (g) and this | ||
subsection (h) of this Section; and (7) establish requirements | ||
to ensure that entities installing a new wind project or a new | ||
photovoltaic project have the requisite knowledge, skills, | ||
training, experience, and competence to perform in a safe and | ||
reliable manner as required by subsection (a) of Section 16-128 | ||
of this Act. | ||
(i) The certification of persons or entities that install, | ||
maintain, or repair new wind projects, new photovoltaic | ||
projects, distributed generation facilities, and electric | ||
vehicle charging stations as set forth in this Section is an | ||
exclusive power and function of the State. A home rule unit or | ||
other units of local government authority may subject persons | ||
or entities that install, maintain, or repair new wind | ||
projects, new photovoltaic projects, distributed generation | ||
facilities, or electric vehicle charging stations as set forth | ||
in this Section to any applicable local licensing, siting, and | ||
permitting requirements otherwise permitted under law so long | ||
as only Commission-certified persons or entities are | ||
authorized to install, maintain, or repair new wind projects, | ||
new photovoltaic projects, distributed generation facilities, | ||
or electric vehicle charging stations. This Section is a | ||
limitation under subsection (h) of Section 6 of Article VII of | ||
the Illinois Constitution on the exercise by home rule units of | ||
powers and functions exclusively exercised by the State. | ||
(Source: P.A. 99-906, eff. 6-1-17.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law or on the date Public Act 99-906 takes effect, | ||
whichever is later. | ||