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| 1 |  AN ACT concerning regulation.
 | |||||||||||||||||||||
| 2 |  Be it enacted by the People of the State of Illinois,
 | |||||||||||||||||||||
| 3 | represented in the General Assembly:
 | |||||||||||||||||||||
| 4 |  Section 5. The Public Utilities Act is amended by changing  | |||||||||||||||||||||
| 5 | Sections 16-102 and 16-108.8 as follows:
 | |||||||||||||||||||||
| 6 |  (220 ILCS 5/16-102)
 | |||||||||||||||||||||
| 7 |  Sec. 16-102. Definitions. For the purposes of this
Article  | |||||||||||||||||||||
| 8 | the following terms shall be defined as set forth in
this  | |||||||||||||||||||||
| 9 | Section.
 | |||||||||||||||||||||
| 10 |  "Alternative retail electric supplier" means every
person,  | |||||||||||||||||||||
| 11 | cooperative, corporation, municipal corporation,
company,  | |||||||||||||||||||||
| 12 | association, joint stock company or association,
firm,  | |||||||||||||||||||||
| 13 | partnership, individual, or other entity, their lessees,
 | |||||||||||||||||||||
| 14 | trustees, or receivers appointed by any court whatsoever, that
 | |||||||||||||||||||||
| 15 | offers electric power or energy for sale, lease or in exchange
 | |||||||||||||||||||||
| 16 | for other value received to one or more retail customers, or
 | |||||||||||||||||||||
| 17 | that engages in the delivery or furnishing of electric power
or  | |||||||||||||||||||||
| 18 | energy to such retail customers, and shall include, without
 | |||||||||||||||||||||
| 19 | limitation, resellers, aggregators and power marketers, but
 | |||||||||||||||||||||
| 20 | shall not include (i) electric utilities (or any agent of the
 | |||||||||||||||||||||
| 21 | electric utility to the extent the electric utility provides
 | |||||||||||||||||||||
| 22 | tariffed services to retail customers through that agent),
(ii)  | |||||||||||||||||||||
| 23 | any electric cooperative or municipal system as defined
in  | |||||||||||||||||||||
 
  | |||||||
  | |||||||
| 1 | Section 17-100 to the extent that the electric cooperative
or  | ||||||
| 2 | municipal system is serving retail customers within any
area in  | ||||||
| 3 | which it is or would be entitled to provide service
under the  | ||||||
| 4 | law in effect immediately prior to the effective
date of this  | ||||||
| 5 | amendatory Act of 1997, (iii) a public utility
that is owned  | ||||||
| 6 | and operated by any public institution of higher
education of  | ||||||
| 7 | this State, or a public utility that is owned by
such public  | ||||||
| 8 | institution of higher education and operated by
any of its  | ||||||
| 9 | lessees or operating agents, within any area in
which it is or  | ||||||
| 10 | would be entitled to provide service under the
law in effect  | ||||||
| 11 | immediately prior to the effective date of this
amendatory Act  | ||||||
| 12 | of 1997, (iv) a retail customer to the extent
that customer  | ||||||
| 13 | obtains its electric power and energy from that customer's
own  | ||||||
| 14 | cogeneration or self-generation facilities, (v) an
entity that  | ||||||
| 15 | owns, operates, sells, or arranges for the installation of
a  | ||||||
| 16 | customer's own cogeneration or self-generation facilities, but  | ||||||
| 17 | only to
the extent the entity is engaged in
owning,
selling or  | ||||||
| 18 | arranging for the installation of such facility,
or operating  | ||||||
| 19 | the facility
on behalf of such customer, provided however that  | ||||||
| 20 | any such
third party owner or operator of a facility built  | ||||||
| 21 | after
January 1, 1999, complies with the labor provisions of  | ||||||
| 22 | Section 16-128(a) as
though
such third party were an  | ||||||
| 23 | alternative retail
electric supplier,
or (vi) an industrial or
 | ||||||
| 24 | manufacturing customer that owns
its own
distribution  | ||||||
| 25 | facilities, to the extent that the customer provides service  | ||||||
| 26 | from
that distribution system to a third-party contractor  | ||||||
 
  | |||||||
  | |||||||
| 1 | located on the customer's
premises that is integrally and  | ||||||
| 2 | predominantly engaged in the customer's
industrial or
 | ||||||
| 3 | manufacturing process; provided, that if the industrial or  | ||||||
| 4 | manufacturing
customer has elected delivery services, the  | ||||||
| 5 | customer shall pay transition
charges applicable to the  | ||||||
| 6 | electric power and energy consumed by the third-party
 | ||||||
| 7 | contractor unless such charges are otherwise paid by the third  | ||||||
| 8 | party
contractor, which shall be calculated based on the usage  | ||||||
| 9 | of, and the base rates
or the contract rates applicable to, the  | ||||||
| 10 | third-party contractor in accordance
with Section 16-102.
 | ||||||
| 11 |  An entity that furnishes the service of charging electric  | ||||||
| 12 | vehicles does not and shall not be deemed to sell electricity  | ||||||
| 13 | and is not and shall not be deemed an alternative retail  | ||||||
| 14 | electric supplier, and is not subject to regulation as such  | ||||||
| 15 | under this Act notwithstanding the basis on which the service  | ||||||
| 16 | is provided or billed. If, however, the entity is otherwise  | ||||||
| 17 | deemed an alternative retail electric supplier under this Act,  | ||||||
| 18 | or is otherwise subject to regulation under this Act, then that  | ||||||
| 19 | entity is not exempt from and remains subject to the otherwise  | ||||||
| 20 | applicable provisions of this Act. The installation,  | ||||||
| 21 | maintenance, and repair of an electric vehicle charging station  | ||||||
| 22 | shall comply with the requirements of subsection (a) of Section  | ||||||
| 23 | 16-128 and Section 16-128A of this Act.  | ||||||
| 24 |  For purposes of this Section, the term "electric vehicles"  | ||||||
| 25 | has the
meaning ascribed to that term in Section 10 of the  | ||||||
| 26 | Electric Vehicle
Act.  | ||||||
 
  | |||||||
  | |||||||
| 1 |  "Base rates" means the rates for those tariffed services  | ||||||
| 2 | that the electric
utility is required to offer pursuant to  | ||||||
| 3 | subsection (a) of Section 16-103 and
that were identified in a  | ||||||
| 4 | rate order for collection of the electric
utility's base rate  | ||||||
| 5 | revenue requirement, excluding (i) separate automatic
rate  | ||||||
| 6 | adjustment riders then in effect, (ii) special or negotiated  | ||||||
| 7 | contract
rates, (iii) delivery services tariffs filed pursuant  | ||||||
| 8 | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that  | ||||||
| 9 | were in effect prior to October 1, 1996
and that based charges  | ||||||
| 10 | for services on an index or average of other utilities'
 | ||||||
| 11 | charges, but including (vi) any subsequent redesign of such  | ||||||
| 12 | rates for
tariffed
services that is authorized by the  | ||||||
| 13 | Commission after notice and hearing.
 | ||||||
| 14 |  "Competitive service" includes (i) any service that
has  | ||||||
| 15 | been declared to be competitive pursuant to Section
16-113 of  | ||||||
| 16 | this Act, (ii) contract service, and (iii) services,
other than  | ||||||
| 17 | tariffed services, that are related to, but not
necessary for,  | ||||||
| 18 | the provision of electric power and energy or delivery  | ||||||
| 19 | services.
 | ||||||
| 20 |  "Contract service" means (1) services, including the
 | ||||||
| 21 | provision of electric power and energy or other services, that
 | ||||||
| 22 | are provided by mutual agreement between an electric utility
 | ||||||
| 23 | and a retail customer that is located in the electric
utility's  | ||||||
| 24 | service area, provided that, delivery services shall
not be a  | ||||||
| 25 | contract service until such services are declared
competitive  | ||||||
| 26 | pursuant to Section 16-113; and also means (2) the
provision of  | ||||||
 
  | |||||||
  | |||||||
| 1 | electric power and energy by an electric utility
to retail  | ||||||
| 2 | customers outside the electric utility's service
area pursuant  | ||||||
| 3 | to Section 16-116. Provided, however, contract
service does not  | ||||||
| 4 | include electric utility services provided
pursuant to (i)  | ||||||
| 5 | contracts that retail customers are required
to execute as a  | ||||||
| 6 | condition of receiving tariffed services, or
(ii) special or  | ||||||
| 7 | negotiated rate contracts for electric utility
services that  | ||||||
| 8 | were entered into between an electric utility
and a retail  | ||||||
| 9 | customer prior to the effective date of this
amendatory Act of  | ||||||
| 10 | 1997 and filed with the Commission.
 | ||||||
| 11 |  "Delivery services" means those services provided by the
 | ||||||
| 12 | electric utility that are necessary in order for the
 | ||||||
| 13 | transmission and distribution systems to function so that
 | ||||||
| 14 | retail customers located in the electric utility's service
area  | ||||||
| 15 | can receive electric power and energy from suppliers
other than  | ||||||
| 16 | the electric utility, and shall include, without
limitation,  | ||||||
| 17 | standard metering and billing services.
 | ||||||
| 18 |  "Distributed generation facility" means the equipment used  | ||||||
| 19 | by an interconnection customer to generate or store electricity  | ||||||
| 20 | that operates in parallel with the electric distribution  | ||||||
| 21 | system. A distributed generation facility typically includes  | ||||||
| 22 | an electric generator, a prime mover or energy storage, and the  | ||||||
| 23 | interconnection equipment required to safely interconnect with  | ||||||
| 24 | the electric distribution system or local electric power  | ||||||
| 25 | system.  | ||||||
| 26 |  "Electric utility" means a public utility, as defined in
 | ||||||
 
  | |||||||
  | |||||||
| 1 | Section 3-105 of this Act, that has a franchise, license,
 | ||||||
| 2 | permit or right to furnish or sell electricity to retail
 | ||||||
| 3 | customers within a service area.
 | ||||||
| 4 |  "Mandatory transition period" means the period from the
 | ||||||
| 5 | effective date of this amendatory Act of 1997 through January
 | ||||||
| 6 | 1, 2007.
 | ||||||
| 7 |  "Municipal system" shall have the meaning set forth in
 | ||||||
| 8 | Section 17-100.
 | ||||||
| 9 |  "Real-time pricing" means tariffed retail charges for  | ||||||
| 10 | delivered electric
power and energy that vary
hour-to-hour and  | ||||||
| 11 | are determined from wholesale market prices using a methodology  | ||||||
| 12 | approved by the Illinois Commerce Commission.
 | ||||||
| 13 |  "Retail customer" means a single entity using electric
 | ||||||
| 14 | power or energy at a single premises and that (A) either (i)
is  | ||||||
| 15 | receiving or is eligible to receive tariffed services from
an  | ||||||
| 16 | electric utility, or (ii) that is served by a municipal system  | ||||||
| 17 | or electric
cooperative within any area in which the
municipal  | ||||||
| 18 | system or electric cooperative is or would be
entitled to  | ||||||
| 19 | provide service under the law in effect
immediately prior to  | ||||||
| 20 | the effective date of this amendatory Act
of 1997, or (B) an  | ||||||
| 21 | entity which on the effective date of this
Act was receiving  | ||||||
| 22 | electric service from a public utility and
(i) was engaged in  | ||||||
| 23 | the practice of resale and redistribution
of such electricity  | ||||||
| 24 | within a building prior to January 2,
1957, or (ii) was  | ||||||
| 25 | providing lighting services to tenants in a
multi-occupancy  | ||||||
| 26 | building, but only to the extent such resale,
redistribution or  | ||||||
 
  | |||||||
  | |||||||
| 1 | lighting service is authorized by the
electric utility's  | ||||||
| 2 | tariffs that were on file with the
Commission on the effective  | ||||||
| 3 | date of this Act.
 | ||||||
| 4 |  "Service area" means (i) the geographic area within which
 | ||||||
| 5 | an electric utility was lawfully entitled to provide electric
 | ||||||
| 6 | power and energy to retail customers as of the effective date
 | ||||||
| 7 | of this amendatory Act of 1997, and includes (ii) the location
 | ||||||
| 8 | of any retail customer to which the electric utility was
 | ||||||
| 9 | lawfully providing electric utility services on such effective
 | ||||||
| 10 | date.
 | ||||||
| 11 |  "Small commercial retail customer" means those
 | ||||||
| 12 | nonresidential retail customers of an electric utility
 | ||||||
| 13 | consuming 15,000 kilowatt-hours or less of electricity
 | ||||||
| 14 | annually in its service area.
 | ||||||
| 15 |  "Tariffed service" means services provided to retail
 | ||||||
| 16 | customers by an electric utility as defined by its rates on
 | ||||||
| 17 | file with the Commission pursuant to the provisions of Article
 | ||||||
| 18 | IX of this Act, but shall not include competitive services.
 | ||||||
| 19 |  "Transition charge" means a charge expressed in cents
per  | ||||||
| 20 | kilowatt-hour that is calculated for a customer or class
of  | ||||||
| 21 | customers as follows for each year in which an electric
utility  | ||||||
| 22 | is entitled to recover transition charges as provided
in  | ||||||
| 23 | Section 16-108:
 | ||||||
| 24 |   (1) the amount of revenue that an electric utility
 | ||||||
| 25 |  would receive from the retail customer or customers if it
 | ||||||
| 26 |  were serving such customers' electric power and energy
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  requirements as a tariffed service based on (A) all of
the  | ||||||
| 2 |  customers' actual usage during the 3 years
ending 90 days  | ||||||
| 3 |  prior to the date on which such customers
were first  | ||||||
| 4 |  eligible for delivery services pursuant to
Section 16-104,  | ||||||
| 5 |  and (B) on (i) the base rates in effect
on October 1, 1996  | ||||||
| 6 |  (adjusted for the reductions required
by subsection (b) of  | ||||||
| 7 |  Section 16-111, for any reduction resulting from a rate
 | ||||||
| 8 |  decrease under Section 16-101(b), for any restatement of  | ||||||
| 9 |  base rates made in
conjunction with an elimination
of the  | ||||||
| 10 |  fuel adjustment clause pursuant to subsection (b), (d), or  | ||||||
| 11 |  (f) of
Section
9-220
and for any removal of decommissioning  | ||||||
| 12 |  costs from base
rates pursuant to Section 16-114)
and any  | ||||||
| 13 |  separate automatic rate adjustment riders (other
than a  | ||||||
| 14 |  decommissioning rate as defined in Section 16-114)
under  | ||||||
| 15 |  which the customers were receiving or, had they
been  | ||||||
| 16 |  customers, would have received electric power and
energy  | ||||||
| 17 |  from the electric utility during the year
immediately  | ||||||
| 18 |  preceding the date on which such customers
were first  | ||||||
| 19 |  eligible for delivery service pursuant to
Section 16-104,  | ||||||
| 20 |  or (ii) to the extent applicable, any
contract rates,  | ||||||
| 21 |  including contracts or rates for consolidated or
 | ||||||
| 22 |  aggregated billing, under which such customers were
 | ||||||
| 23 |  receiving electric power and energy from the electric
 | ||||||
| 24 |  utility during such year;
 | ||||||
| 25 |   (2) less the amount of revenue, other than revenue
from  | ||||||
| 26 |  transition charges and decommissioning rates, that the  | ||||||
 
  | |||||||
  | |||||||
| 1 |  electric utility
would
receive from such retail customers  | ||||||
| 2 |  for delivery services
provided by the electric utility,  | ||||||
| 3 |  assuming such customers
were taking delivery services for  | ||||||
| 4 |  all of their usage,
based on the delivery services tariffs  | ||||||
| 5 |  in effect during
the year for which the transition charge  | ||||||
| 6 |  is being
calculated and on the usage identified in  | ||||||
| 7 |  paragraph (1);
 | ||||||
| 8 |   (3) less the market value for the electric power
and  | ||||||
| 9 |  energy that the electric utility would have used to
supply  | ||||||
| 10 |  all of such customers' electric power and energy
 | ||||||
| 11 |  requirements, as a tariffed service, based on the usage
 | ||||||
| 12 |  identified in paragraph (1), with such market value
 | ||||||
| 13 |  determined in accordance with Section 16-112 of this Act;
 | ||||||
| 14 |   (4) less the following amount which represents the
 | ||||||
| 15 |  amount to be attributed to new revenue sources and cost
 | ||||||
| 16 |  reductions by the electric utility through the end of the
 | ||||||
| 17 |  period for which transition costs are recovered pursuant
to  | ||||||
| 18 |  Section 16-108, referred to in this Article XVI as a  | ||||||
| 19 |  "mitigation factor":
 | ||||||
| 20 |    (A) for nonresidential retail customers, an amount  | ||||||
| 21 |  equal to the greater
of (i) 0.5 cents per kilowatt-hour  | ||||||
| 22 |  during the period October 1, 1999
through December 31,  | ||||||
| 23 |  2004, 0.6 cents per kilowatt-hour in calendar year  | ||||||
| 24 |  2005,
and 0.9 cents per kilowatt-hour in calendar year  | ||||||
| 25 |  2006, multiplied in
each year by the usage identified  | ||||||
| 26 |  in paragraph (1), or (ii) an amount equal to
the  | ||||||
 
  | |||||||
  | |||||||
| 1 |  following percentages of the amount produced by  | ||||||
| 2 |  applying the applicable
base rates (adjusted as  | ||||||
| 3 |  described in subparagraph (1)(B)) or contract rate to
 | ||||||
| 4 |  the usage identified in paragraph (1): 8% for the  | ||||||
| 5 |  period October 1, 1999
through December 31, 2002, 10%  | ||||||
| 6 |  in calendar years 2003 and 2004, 11% in calendar
year  | ||||||
| 7 |  2005 and 12% in calendar year 2006;
and
 | ||||||
| 8 |    (B) for residential retail customers, an amount
 | ||||||
| 9 |  equal to the following percentages of the amount  | ||||||
| 10 |  produced by applying the
base rates in effect on  | ||||||
| 11 |  October 1, 1996 (adjusted as
described in subparagraph  | ||||||
| 12 |  (1)(B)) to the usage
identified in paragraph (1): (i)  | ||||||
| 13 |  6% from May 1, 2002 through December 31,
2002, (ii) 7%  | ||||||
| 14 |  in calendar years 2003 and 2004, (iii) 8% in calendar  | ||||||
| 15 |  year
2005, and (iv) 10% in calendar year 2006;
 | ||||||
| 16 |   (5) divided by the usage of such customers
identified  | ||||||
| 17 |  in paragraph (1),
 | ||||||
| 18 | provided that the transition charge shall never be less than
 | ||||||
| 19 | zero.
 | ||||||
| 20 |  "Unbundled service" means a component or constituent part
 | ||||||
| 21 | of a tariffed service which the electric utility subsequently
 | ||||||
| 22 | offers separately to its customers.
 | ||||||
| 23 | (Source: P.A. 97-1128, eff. 8-28-12.)
 | ||||||
| 24 |  (220 ILCS 5/16-108.8) | ||||||
| 25 |  Sec. 16-108.8. Illinois Smart Grid test bed. | ||||||
 
  | |||||||
  | |||||||
| 1 |  (a) Within 180 days after the effective date of this  | ||||||
| 2 | amendatory Act of the 97th General Assembly, each participating  | ||||||
| 3 | utility, as defined by Section 16-108.5 of this Act, shall  | ||||||
| 4 | create or otherwise designate a Smart Grid test bed, which may  | ||||||
| 5 | be located at one or more places within the utility's system,  | ||||||
| 6 | for the purposes of allowing for the testing of Smart Grid  | ||||||
| 7 | technologies. The objectives of this test bed shall be to: | ||||||
| 8 |   (1) provide an open, unbiased opportunity for testing  | ||||||
| 9 |  programs, technologies, business models, and other Smart  | ||||||
| 10 |  Grid-related activities; | ||||||
| 11 |   (2) provide on-grid locations for the testing of  | ||||||
| 12 |  potentially innovative Smart Grid-related technologies and  | ||||||
| 13 |  services, including but not limited to those funded by the  | ||||||
| 14 |  trust or foundation established pursuant to Section  | ||||||
| 15 |  16-108.7 of this Act; | ||||||
| 16 |   (3) facilitate testing of business models or services  | ||||||
| 17 |  that help integrate Smart Grid-related technologies into  | ||||||
| 18 |  the electric grid, especially those business models that  | ||||||
| 19 |  may help promote new products and services for retail  | ||||||
| 20 |  customers; | ||||||
| 21 |   (4) offer opportunities to test and showcase Smart Grid  | ||||||
| 22 |  technologies and services, especially those likely to  | ||||||
| 23 |  support the economic development goals of the State of  | ||||||
| 24 |  Illinois. | ||||||
| 25 |  (b) The test bed shall reside in one or more locations on  | ||||||
| 26 | the participating utility's network. Such locations shall be  | ||||||
 
  | |||||||
  | |||||||
| 1 | chosen by the utility to maximize the opportunity for real-time  | ||||||
| 2 | and real-world testing of Smart Grid technologies and services  | ||||||
| 3 | taking into account the safety and security of the  | ||||||
| 4 | participating utility's grid and grid operations. | ||||||
| 5 |  (c) The participating utility, with input from the Smart  | ||||||
| 6 | Grid Advisory Council established pursuant to Section 16-108.6  | ||||||
| 7 | of this Act, shall, as part of its filing under subsection (b)  | ||||||
| 8 | of Section 16-108.5, include a plan for the creation,  | ||||||
| 9 | operation, and administration of the test bed. This plan shall  | ||||||
| 10 | address the following: | ||||||
| 11 |   (1) how the utility proposes to comply with each of the  | ||||||
| 12 |  objectives set forth in subsection (a) of this Section; | ||||||
| 13 |   (2) the proposed location or locations of the test bed; | ||||||
| 14 |   (3) the process by which the utility will receive,  | ||||||
| 15 |  review, and qualify proposals to use the test bed; | ||||||
| 16 |   (4) the criteria by which the utility proposes to  | ||||||
| 17 |  qualify proposals to use the test bed, including, but not  | ||||||
| 18 |  limited to, safety, reliability, security, customer data  | ||||||
| 19 |  security, privacy, and economic development  | ||||||
| 20 |  considerations; | ||||||
| 21 |   (5) the engineering and operations support that the  | ||||||
| 22 |  utility will provide to test bed users, including provision  | ||||||
| 23 |  of customer data; and | ||||||
| 24 |   (6) the estimated costs to establish, administer and  | ||||||
| 25 |  promote the availability of the test bed. | ||||||
| 26 |  (d) The test bed should be open to all qualified entities  | ||||||
 
  | |||||||
  | |||||||
| 1 | wishing to test programs, technologies, business models, and  | ||||||
| 2 | other Smart Grid-related activities, provided that the utility  | ||||||
| 3 | retains control of its grid and operations and may reject any  | ||||||
| 4 | programs, technologies, business models, and other Smart  | ||||||
| 5 | Grid-related activities that threaten the reliability, safety,  | ||||||
| 6 | security, or operations of its network, or that would threaten  | ||||||
| 7 | the security of customer-identifiable data in the judgment of  | ||||||
| 8 | the utility. The number of technologies and entities  | ||||||
| 9 | participating in the test bed at any time may be limited by the  | ||||||
| 10 | utility based on its determination of its ability to maintain a  | ||||||
| 11 | secure, safe, and reliable grid. | ||||||
| 12 |  (e) At a minimum, the test bed shall have the ability to  | ||||||
| 13 | receive live signals from PJM Interconnection LLC or other  | ||||||
| 14 | applicable regional transmission organization, the ability to  | ||||||
| 15 | test new applications in a utility scale environment (to  | ||||||
| 16 | include ramp rate regulations for distributed wind and solar  | ||||||
| 17 | resources), critical peak price response, and market-based  | ||||||
| 18 | power dispatch. | ||||||
| 19 |  (f) At the end of the fourth year of operation the test bed  | ||||||
| 20 | shall be subject to an independent evaluation to determine if  | ||||||
| 21 | the test bed is meeting the objectives of this Section or is  | ||||||
| 22 | likely to meet the objectives in the future. The evaluation  | ||||||
| 23 | shall include the performance of the utility as test bed  | ||||||
| 24 | operator. Subject to the findings, the utility and the trust or  | ||||||
| 25 | foundation established pursuant to Section 16-108.7 of this Act  | ||||||
| 26 | may choose to continue operating the test bed. | ||||||
 
  | |||||||
  | |||||||
| 1 |  (g) The utility shall be entitled to recover all prudently  | ||||||
| 2 | incurred and reasonable costs associated with evaluation of  | ||||||
| 3 | proposals, engineering, construction, operation, and  | ||||||
| 4 | administration of the test bed through the performance-based  | ||||||
| 5 | formula rate tariff established pursuant to Section 16-108.5 of  | ||||||
| 6 | this Act. | ||||||
| 7 |  (h) The utility is authorized to charge fees to users of  | ||||||
| 8 | the test bed that shall recover the costs associated with the  | ||||||
| 9 | incremental direct costs to the utility associated with  | ||||||
| 10 | administration of the test bed, provided, however, that any  | ||||||
| 11 | such fees collected by the utility shall be used to offset the  | ||||||
| 12 | costs to be recovered pursuant to subsection (g) of this  | ||||||
| 13 | Section. | ||||||
| 14 |  (i) On a quarterly basis, the utility shall provide the  | ||||||
| 15 | trust or foundation established pursuant to Section 16-108.7 of  | ||||||
| 16 | this Act with a report summarizing test bed activities,  | ||||||
| 17 | customers, discoveries, and other information as shall be  | ||||||
| 18 | mutually deemed relevant. | ||||||
| 19 |  (j) To the extent practicable, the utility and trust or  | ||||||
| 20 | foundation established pursuant to Section 16-108.7 of this Act  | ||||||
| 21 | shall jointly pursue resources that enhance the capabilities  | ||||||
| 22 | and capacity of the test bed. | ||||||
| 23 |  (k) If Section 16-108.5 of this Act becomes inoperative  | ||||||
| 24 | with respect to one or more participating utilities as set  | ||||||
| 25 | forth in subsection (g) or (h) of that Section, then Sections  | ||||||
| 26 | 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act shall  | ||||||
 
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| 1 | become inoperative as to each affected utility and its service  | ||||||
| 2 | area on the same date as Section 16-108.5 become inoperative.
 | ||||||
| 3 | (Source: P.A. 97-616, eff. 10-26-11.)
 | ||||||