Bill Text: IL SB0071 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends Public Act 99-906 to add an immediate effective date to certain Sections. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Enrolled) 2017-06-22 - Sent to the Governor [SB0071 Detail]

Download: Illinois-2017-SB0071-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5Section 16-128A as follows:
6 (220 ILCS 5/16-128A)
7 (Text of Section before amendment by P.A. 99-906)
8 Sec. 16-128A. Certification of installers, maintainers, or
9repairers.
10 (a) Within 18 months of the effective date of this
11amendatory Act of the 97th General Assembly, the Commission
12shall adopt rules, including emergency rules, establishing
13certification requirements ensuring that entities installing
14distributed generation facilities are in compliance with the
15requirements of subsection (a) of Section 16-128 of this Act.
16 For purposes of this Section, the phrase "entities
17installing distributed generation facilities" shall include,
18but not be limited to, all entities that are exempt from the
19definition of "alternative retail electric supplier" under
20item (v) of Section 16-102 of this Act. For purposes of this
21Section, the phrase "self-installer" means an individual who
22(i) leases or purchases a cogeneration facility for his or her
23own personal use and (ii) installs such cogeneration or

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1self-generation facility on his or her own premises without the
2assistance of any other person.
3 (b) In addition to any authority granted to the Commission
4under this Act, the Commission is also authorized to: (1)
5determine which entities are subject to certification under
6this Section; (2) impose reasonable certification fees and
7penalties; (3) adopt disciplinary procedures; (4) investigate
8any and all activities subject to this Section, including
9violations thereof; (5) adopt procedures to issue or renew, or
10to refuse to issue or renew, a certification or to revoke,
11suspend, place on probation, reprimand, or otherwise
12discipline a certified entity under this Act or take other
13enforcement action against an entity subject to this Section;
14and (6) prescribe forms to be issued for the administration and
15enforcement of this Section.
16 (c) No electric utility shall provide a retail customer
17with net metering service related to interconnection of that
18customer's distributed generation facility unless the customer
19provides the electric utility with (i) a certification that the
20customer installing the distributed generation facility was a
21self-installer or (ii) evidence that the distributed
22generation facility was installed by an entity certified under
23this Section that is also in good standing with the Commission.
24For purposes of this subsection, a retail customer includes
25that customer's employees, officers, and agents. An electric
26utility shall file a tariff or tariffs with the Commission

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1setting forth the documentation, as specified by Commission
2rule, that a retail customer must provide to an electric
3utility. The provisions of this subsection (c) shall apply on
4or after the effective date of the Commission's rules
5prescribed pursuant to subsection (a) of this Section.
6 (d) Within 180 days after the effective date of this
7amendatory Act of the 97th General Assembly, the Commission
8shall initiate a rulemaking proceeding to establish
9certification requirements that shall be applicable to persons
10or entities that install, maintain, or repair electric vehicle
11charging stations. The notification and certification
12requirements of this Section shall only be applicable to
13individuals or entities that perform work on or within an
14electric vehicle charging station, including, but not limited
15to, connection of power to an electric vehicle charging
16station.
17 For the purposes of this Section "electric vehicle charging
18station" means any facility or equipment that is used to charge
19a battery or other energy storage device of an electric
20vehicle.
21 Rules regulating the installation, maintenance, or repair
22of electric vehicle charging stations, in which the Commission
23may establish separate requirements based upon the
24characteristics of electric vehicle charging stations, so long
25as it is in accordance with the requirements of subsection (a)
26of Section 16-128 and Section 16-128A of this Act, shall:

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1 (1) establish a certification process for persons or
2 entities that install, maintain, or repair of electric
3 vehicle charging stations;
4 (2) require persons or entities that install,
5 maintain, or repair electric vehicle stations to be
6 certified to do business and to be bonded in the State;
7 (3) ensure that persons or entities that install,
8 maintain, or repair electric vehicle charging stations
9 have the requisite knowledge, skills, training,
10 experience, and competence to perform functions in a safe
11 and reliable manner as required under subsection (a) of
12 Section 16-128 of this Act;
13 (4) impose reasonable certification fees and penalties
14 on persons or entities that install, maintain, or repair of
15 electric vehicle charging stations for noncompliance of
16 the rules adopted under this subsection;
17 (5) ensure that all persons or entities that install,
18 maintain, or repair electric vehicle charging stations
19 conform to applicable building and electrical codes;
20 (6) ensure that all electric vehicle charging stations
21 meet recognized industry standards as the Commission deems
22 appropriate, such as the National Electric Code (NEC) and
23 standards developed or created by the Institute of
24 Electrical and Electronics Engineers (IEEE), the Electric
25 Power Research Institute (EPRI), the Detroit Edison
26 Institute (DTE), the Underwriters Laboratory (UL), the

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1 Society of Automotive Engineers (SAE), and the National
2 Institute of Standards and Technology (NIST);
3 (7) include any additional requirements that the
4 Commission deems reasonable to ensure that persons or
5 entities that install, maintain, or repair electric
6 vehicle charging stations meet adequate training,
7 financial, and competency requirements;
8 (8) ensure that the obligations required under this
9 Section and subsection (a) of Section 16-128 of this Act
10 are met prior to the interconnection of any electric
11 vehicle charging station;
12 (9) ensure electric vehicle charging stations
13 installed by a self-installer are not used for any
14 commercial purpose;
15 (10) establish an inspection procedure for the
16 conversion of electric vehicle charging stations installed
17 by a self-installer if it is determined that the
18 self-installed electric vehicle charging station is being
19 used for commercial purposes;
20 (11) establish the requirement that all persons or
21 entities that install electric vehicle charging stations
22 shall notify the servicing electric utility in writing of
23 plans to install an electric vehicle charging station and
24 shall notify the servicing electric utility in writing when
25 installation is complete;
26 (12) ensure that all persons or entities that install,

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1 maintain, or repair electric vehicle charging stations
2 obtain certificates of insurance in sufficient amounts and
3 coverages that the Commission so determines and, if
4 necessary as determined by the Commission, names the
5 affected public utility as an additional insured; and
6 (13) identify and determine the training or other
7 programs by which persons or entities may obtain the
8 requisite training, skills, or experience necessary to
9 achieve and maintain compliance with the requirements set
10 forth in this subsection and subsection (a) of Section
11 16-128 to install, maintain, or repair electric vehicle
12 charging stations.
13 Within 18 months after the effective date of this
14amendatory Act of the 97th General Assembly, the Commission
15shall adopt rules, and may, if it deems necessary, adopt
16emergency rules, for the installation, maintenance, or repair
17of electric vehicle charging stations.
18 All retail customers who own, maintain, or repair an
19electric vehicle charging station shall provide the servicing
20electric utility (i) a certification that the customer
21installing the electric vehicle charging station was a
22self-installer or (ii) evidence that the electric vehicle
23charging station was installed by an entity certified under
24this subsection (d) that is also in good standing with the
25Commission. For purposes of this subsection (d), a retail
26customer includes that retail customer's employees, officers,

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1and agents. If the electric vehicle charging station was not
2installed by a self-installer, then the person or entity that
3plans to install the electric vehicle charging station shall
4provide notice to the servicing electric utility prior to
5installation and when installation is complete and provide any
6other information required by the Commission's rules
7established under subsection (d) of this Section. An electric
8utility shall file a tariff or tariffs with the Commission
9setting forth the documentation, as specified by Commission
10rule, that a retail customer who owns, uses, operates, or
11maintains an electric vehicle charging station must provide to
12an electric utility.
13 For the purposes of this subsection, an electric vehicle
14charging station shall constitute a distribution facility or
15equipment as that term is used in subsection (a) of Section
1616-128 of this Act. The phrase "self-installer" means an
17individual who (i) leases or purchases an electric vehicle
18charging station for his or her own personal use and (ii)
19installs an electric vehicle charging station on his or her own
20premises without the assistance of any other person.
21 (e) Fees and penalties collected under this Section shall
22be deposited into the Public Utility Fund and used to fund the
23Commission's compliance with the obligations imposed by this
24Section.
25 (f) The rules established under subsection (d) of this
26Section shall specify the initial dates for compliance with the

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1rules.
2 (g) The certification of persons or entities that install,
3maintain, or repair distributed generation facilities and
4electric vehicle charging stations as set forth in this Section
5is an exclusive power and function of the State. A home rule
6unit or other units of local government authority may subject
7persons or entities that install, maintain, or repair
8distributed generation facilities or electric vehicle charging
9stations as set forth in this Section to any applicable local
10licensing, siting, and permitting requirements otherwise
11permitted under law so long as only Commission-certified
12persons or entities are authorized to install, maintain, or
13repair distributed generation facilities or electric vehicle
14charging stations. This Section is a limitation under
15subsection (h) of Section 6 of Article VII of the Illinois
16Constitution on the exercise by home rule units of powers and
17functions exclusively exercised by the State.
18(Source: P.A. 97-616, eff. 10-26-11; 97-1128, eff. 8-28-12.)
19 (Text of Section after amendment by P.A. 99-906)
20 Sec. 16-128A. Certification of installers, maintainers, or
21repairers.
22 (a) Within 18 months of the effective date of this
23amendatory Act of the 97th General Assembly, the Commission
24shall adopt rules, including emergency rules, establishing
25certification requirements ensuring that entities installing

SB0071 Enrolled- 9 -LRB100 05891 RJF 15917 b
1distributed generation facilities are in compliance with the
2requirements of subsection (a) of Section 16-128 of this Act.
3 For purposes of this Section, the phrase "entities
4installing distributed generation facilities" shall include,
5but not be limited to, all entities that are exempt from the
6definition of "alternative retail electric supplier" under
7item (v) of Section 16-102 of this Act. For purposes of this
8Section, the phrase "self-installer" means an individual who
9(i) leases or purchases a cogeneration facility for his or her
10own personal use and (ii) installs such cogeneration or
11self-generation facility on his or her own premises without the
12assistance of any other person.
13 (b) In addition to any authority granted to the Commission
14under this Act, the Commission is also authorized to: (1)
15determine which entities are subject to certification under
16this Section; (2) impose reasonable certification fees and
17penalties; (3) adopt disciplinary procedures; (4) investigate
18any and all activities subject to this Section, including
19violations thereof; (5) adopt procedures to issue or renew, or
20to refuse to issue or renew, a certification or to revoke,
21suspend, place on probation, reprimand, or otherwise
22discipline a certified entity under this Act or take other
23enforcement action against an entity subject to this Section;
24and (6) prescribe forms to be issued for the administration and
25enforcement of this Section.
26 (c) No electric utility shall provide a retail customer

SB0071 Enrolled- 10 -LRB100 05891 RJF 15917 b
1with net metering service related to interconnection of that
2customer's distributed generation facility unless the customer
3provides the electric utility with (i) a certification that the
4customer installing the distributed generation facility was a
5self-installer or (ii) evidence that the distributed
6generation facility was installed by an entity certified under
7this Section that is also in good standing with the Commission.
8For purposes of this subsection, a retail customer includes
9that customer's employees, officers, and agents. An electric
10utility shall file a tariff or tariffs with the Commission
11setting forth the documentation, as specified by Commission
12rule, that a retail customer must provide to an electric
13utility. The provisions of this subsection (c) shall apply on
14or after the effective date of the Commission's rules
15prescribed pursuant to subsection (a) of this Section.
16 (d) Within 180 days after the effective date of this
17amendatory Act of the 97th General Assembly, the Commission
18shall initiate a rulemaking proceeding to establish
19certification requirements that shall be applicable to persons
20or entities that install, maintain, or repair electric vehicle
21charging stations. The notification and certification
22requirements of this Section shall only be applicable to
23individuals or entities that perform work on or within an
24electric vehicle charging station, including, but not limited
25to, connection of power to an electric vehicle charging
26station.

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1 For the purposes of this Section "electric vehicle charging
2station" means any facility or equipment that is used to charge
3a battery or other energy storage device of an electric
4vehicle.
5 Rules regulating the installation, maintenance, or repair
6of electric vehicle charging stations, in which the Commission
7may establish separate requirements based upon the
8characteristics of electric vehicle charging stations, so long
9as it is in accordance with the requirements of subsection (a)
10of Section 16-128 and Section 16-128A of this Act, shall:
11 (1) establish a certification process for persons or
12 entities that install, maintain, or repair of electric
13 vehicle charging stations;
14 (2) require persons or entities that install,
15 maintain, or repair electric vehicle stations to be
16 certified to do business and to be bonded in the State;
17 (3) ensure that persons or entities that install,
18 maintain, or repair electric vehicle charging stations
19 have the requisite knowledge, skills, training,
20 experience, and competence to perform functions in a safe
21 and reliable manner as required under subsection (a) of
22 Section 16-128 of this Act;
23 (4) impose reasonable certification fees and penalties
24 on persons or entities that install, maintain, or repair of
25 electric vehicle charging stations for noncompliance of
26 the rules adopted under this subsection;

SB0071 Enrolled- 12 -LRB100 05891 RJF 15917 b
1 (5) ensure that all persons or entities that install,
2 maintain, or repair electric vehicle charging stations
3 conform to applicable building and electrical codes;
4 (6) ensure that all electric vehicle charging stations
5 meet recognized industry standards as the Commission deems
6 appropriate, such as the National Electric Code (NEC) and
7 standards developed or created by the Institute of
8 Electrical and Electronics Engineers (IEEE), the Electric
9 Power Research Institute (EPRI), the Detroit Edison
10 Institute (DTE), the Underwriters Laboratory (UL), the
11 Society of Automotive Engineers (SAE), and the National
12 Institute of Standards and Technology (NIST);
13 (7) include any additional requirements that the
14 Commission deems reasonable to ensure that persons or
15 entities that install, maintain, or repair electric
16 vehicle charging stations meet adequate training,
17 financial, and competency requirements;
18 (8) ensure that the obligations required under this
19 Section and subsection (a) of Section 16-128 of this Act
20 are met prior to the interconnection of any electric
21 vehicle charging station;
22 (9) ensure electric vehicle charging stations
23 installed by a self-installer are not used for any
24 commercial purpose;
25 (10) establish an inspection procedure for the
26 conversion of electric vehicle charging stations installed

SB0071 Enrolled- 13 -LRB100 05891 RJF 15917 b
1 by a self-installer if it is determined that the
2 self-installed electric vehicle charging station is being
3 used for commercial purposes;
4 (11) establish the requirement that all persons or
5 entities that install electric vehicle charging stations
6 shall notify the servicing electric utility in writing of
7 plans to install an electric vehicle charging station and
8 shall notify the servicing electric utility in writing when
9 installation is complete;
10 (12) ensure that all persons or entities that install,
11 maintain, or repair electric vehicle charging stations
12 obtain certificates of insurance in sufficient amounts and
13 coverages that the Commission so determines and, if
14 necessary as determined by the Commission, names the
15 affected public utility as an additional insured; and
16 (13) identify and determine the training or other
17 programs by which persons or entities may obtain the
18 requisite training, skills, or experience necessary to
19 achieve and maintain compliance with the requirements set
20 forth in this subsection and subsection (a) of Section
21 16-128 to install, maintain, or repair electric vehicle
22 charging stations.
23 Within 18 months after the effective date of this
24amendatory Act of the 97th General Assembly, the Commission
25shall adopt rules, and may, if it deems necessary, adopt
26emergency rules, for the installation, maintenance, or repair

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1of electric vehicle charging stations.
2 All retail customers who own, maintain, or repair an
3electric vehicle charging station shall provide the servicing
4electric utility (i) a certification that the customer
5installing the electric vehicle charging station was a
6self-installer or (ii) evidence that the electric vehicle
7charging station was installed by an entity certified under
8this subsection (d) that is also in good standing with the
9Commission. For purposes of this subsection (d), a retail
10customer includes that retail customer's employees, officers,
11and agents. If the electric vehicle charging station was not
12installed by a self-installer, then the person or entity that
13plans to install the electric vehicle charging station shall
14provide notice to the servicing electric utility prior to
15installation and when installation is complete and provide any
16other information required by the Commission's rules
17established under subsection (d) of this Section. An electric
18utility shall file a tariff or tariffs with the Commission
19setting forth the documentation, as specified by Commission
20rule, that a retail customer who owns, uses, operates, or
21maintains an electric vehicle charging station must provide to
22an electric utility.
23 For the purposes of this subsection, an electric vehicle
24charging station shall constitute a distribution facility or
25equipment as that term is used in subsection (a) of Section
2616-128 of this Act. The phrase "self-installer" means an

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1individual who (i) leases or purchases an electric vehicle
2charging station for his or her own personal use and (ii)
3installs an electric vehicle charging station on his or her own
4premises without the assistance of any other person.
5 (e) Fees and penalties collected under this Section shall
6be deposited into the Public Utility Fund and used to fund the
7Commission's compliance with the obligations imposed by this
8Section.
9 (f) The rules established under subsection (d) of this
10Section shall specify the initial dates for compliance with the
11rules.
12 (g) Within 18 months of the effective date of this
13amendatory Act of the 99th General Assembly, the Commission
14shall adopt rules, including emergency rules, establishing a
15process for entities installing a new utility-scale wind
16project or a new utility-scale solar project to certify
17compliance with the requirements of this Section. For purposes
18of this Section, the phrase "entities installing a new
19utility-scale wind project or a new utility-scale solar
20project" shall include, but is not limited to, any entity
21installing new wind projects or new photovoltaic projects as
22such terms are defined in subsection (c) of Section 1-75 of the
23Illinois Power Agency Act.
24 The process shall include an option to complete the
25certification electronically by completing forms on-line. An
26entity installing a new utility-scale wind project or a new

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1utility-scale solar project shall be permitted to complete
2certification after the subject work has been completed. The
3Commission shall maintain on its website a list of entities
4installing new utility-scale wind projects or new
5utility-scale solar projects measures that have successfully
6completed the certification process.
7 (h) In addition to any authority granted to the Commission
8under this Act, the Commission is also authorized to: (1)
9determine which entities are subject to certification under
10subsection (g) of this Section; (2) impose reasonable
11certification fees and penalties; (3) adopt disciplinary
12procedures; (4) investigate any and all activities subject to
13subsection (g) or this subsection (h) of this Section,
14including violations thereof; (5) adopt procedures to issue or
15renew, or to refuse to issue or renew, a certification or to
16revoke, suspend, place on probation, reprimand, or otherwise
17discipline a certified entity under subsection (g) of this
18Section or take other enforcement action against an entity
19subject to subsection (g) or this subsection (h) of this
20Section; (6) prescribe forms to be issued for the
21administration and enforcement of subsection (g) and this
22subsection (h) of this Section; and (7) establish requirements
23to ensure that entities installing a new wind project or a new
24photovoltaic project have the requisite knowledge, skills,
25training, experience, and competence to perform in a safe and
26reliable manner as required by subsection (a) of Section 16-128

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1of this Act.
2 (i) The certification of persons or entities that install,
3maintain, or repair new wind projects, new photovoltaic
4projects, distributed generation facilities, and electric
5vehicle charging stations as set forth in this Section is an
6exclusive power and function of the State. A home rule unit or
7other units of local government authority may subject persons
8or entities that install, maintain, or repair new wind
9projects, new photovoltaic projects, distributed generation
10facilities, or electric vehicle charging stations as set forth
11in this Section to any applicable local licensing, siting, and
12permitting requirements otherwise permitted under law so long
13as only Commission-certified persons or entities are
14authorized to install, maintain, or repair new wind projects,
15new photovoltaic projects, distributed generation facilities,
16or electric vehicle charging stations. This Section is a
17limitation under subsection (h) of Section 6 of Article VII of
18the Illinois Constitution on the exercise by home rule units of
19powers and functions exclusively exercised by the State.
20(Source: P.A. 99-906, eff. 6-1-17.)
21 Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

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1made by this Act or (ii) provisions derived from any other
2Public Act.
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