Public Act 099-0107

SB1312 Enrolled LRB099 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

include:

(1) A general review of agency activities and changes,

including:

(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

cases;

(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

cases;

(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.