99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1312

Introduced 2/18/2015, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

220 ILCS 5/4-304 from Ch. 111 2/3, par. 4-304

Amends the Public Utilities Act. Requires the Illinois Commerce Commission to include in its annual report filed with the Joint Committee on Legislative Support Services of the General Assembly, the Public Counsel, and the Governor a description of the availability of solar energy production by residential and small business consumers and the benefits of utilizing smart grid technology to enhance solar energy availability, and a description of any barriers to improving utilization and adoption of consumer-owned solar energy production.

LRB099 06843 HAF 26917 b

A BILL FOR

SB1312

LRB099 06843 HAF 26917 b

1 AN ACT concerning utilities.

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 Section 4-304 as follows:

6 (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)

7 Sec. 4-304. Beginning in 1986, the Commission shall prepare

8 an annual report which shall be filed by January 31 of each

9 year with the Joint Committee on Legislative Support Services

10 of the General Assembly, the Public Counsel and the Governor

11 and which shall be publicly available. Such report shall

12 include:

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

14 including:

15 (a) a review of significant decisions and other

16 regulatory actions for the preceding year, and pending

17 cases, and an analysis of the impact of such decisions and

18 actions, and potential impact of any significant pending

19 cases;

20 (b) for each significant decision, regulatory action

21 and pending case, a description of the positions advocated

22 by major parties, including Commission staff, and for each

23 such decision rendered or action taken, the position

SB1312

- 2 -

LRB099 06843 HAF 26917 b

1 adopted by the Commission and reason therefor;

2 (c) a description of the Commission's budget,

3 caseload, and staff levels, including specifically:

4 (i) a breakdown by type of case of the cases

5 resolved and filed during the year and of pending

6 cases;

7 (ii) a description of the allocation of the

8 Commission's budget, identifying amounts budgeted for

9 each significant regulatory function or activity and

10 for each department, bureau, section, division or

11 office of the Commission and its employees;

12 (iii) a description of current employee levels,

13 identifying any change occurring during the year in the

14 number of employees, personnel policies and practices

15 or compensation levels; and identifying the number and

16 type of employees assigned to each Commission

17 regulatory function and to each department, bureau,

18 section, division or office of the Commission;

19 (d) a description of any significant changes in

20 Commission policies, programs or practices with respect to

21 agency organization and administration, hearings and

22 procedures or substantive regulatory activity.

23 (2) A discussion and analysis of the state of each utility

24 industry regulated by the Commission and significant changes,

25 trends and developments therein, including the number and types

26 of firms offering each utility service, existing, new and

SB1312

- 3 -

LRB099 06843 HAF 26917 b

1 prospective technologies, variations in the quality,

2 availability and price for utility services in different

3 geographic areas of the State, and any other industry factors

4 or circumstances which may affect the public interest or the

5 regulation of such industries.

6 (3) A specific discussion of the energy planning

7 responsibilities and activities of the Commission and energy

8 utilities, including:

9 (a) the extent to which conservation, cogeneration,

10 renewable energy technologies and improvements in energy

11 efficiency are being utilized by energy consumers, the

12 extent to which additional potential exists for the

13 economical utilization of such supplies, and a description

14 of existing and proposed programs and policies designed to

15 promote and encourage such utilization;

16 (b) a description of each energy plan filed with the

17 Commission pursuant to the provisions of this Act, and a

18 copy, or detailed summary of the most recent energy plans

19 adopted by the Commission; ~~and~~

20 (c) a discussion of the powers by which the Commission

21 is implementing the planning responsibilities of Article

22 VIII, including a description of the staff and budget

23 assigned to such function, the procedures by which

24 Commission staff reviews and analyzes energy plans

25 submitted by the utilities, the Department of Natural

26 Resources, and any other person or party; and ~~.~~

SB1312

- 4 -

LRB099 06843 HAF 26917 b

1 (d) a description of the availability of solar energy

2 production by residential and small business consumers and

3 the benefits of utilizing smart grid technology to enhance

4 solar energy availability to such consumers, and a

5 description of any and all barriers to improving

6 utilization and adoption of consumer-owned solar energy

7 production.

8 (4) A discussion of the extent to which utility services

9 are available to all Illinois citizens including:

10 (a) the percentage and number of persons or households

11 requiring each such service who are not receiving such

12 service, and the reasons therefore, including specifically

13 the number of such persons or households who are unable to

14 afford such service;

15 (b) a critical analysis of existing programs designed

16 to promote and preserve the availability and affordability

17 of utility services; and

18 (c) an analysis of the financial impact on utilities

19 and other ratepayers of the inability of some customers or

20 potential customers to afford utility service, including

21 the number of service disconnections and reconnections,

22 and cost thereof and the dollar amount of uncollectible

23 accounts recovered through rates.

24 (5) A detailed description of the means by which the

25 Commission is implementing its new statutory responsibilities

26 under this Act, and the status of such implementation,

SB1312

- 5 -

LRB099 06843 HAF 26917 b

1 including specifically:

2 (a) Commission reorganization resulting from the

3 addition of an Executive Director and hearing examiner

4 qualifications and review;

5 (b) Commission responsibilities for construction and

6 rate supervision, including construction cost audits,

7 management audits, excess capacity adjustments, phase-ins

8 of new plant and the means and capability for monitoring

9 and reevaluating existing or future construction projects;

10 (c) promulgation and application of rules concerning

11 ex parte communications, circulation of recommended orders

12 and transcription of closed meetings.

13 (6) A description of all appeals taken from Commission

14 orders, findings or decisions and the status and outcome of

15 such appeals.

16 (7) A description of the status of all studies and

17 investigations required by this Act, including those ordered

18 pursuant to Sections 8-304, 9-242, 9-244 and 13-301 and all

19 such subsequently ordered studies or investigations.

20 (8) A discussion of new or potential developments in

21 federal legislation, and federal agency and judicial decisions

22 relevant to State regulation of utility services.

23 (9) All recommendations for appropriate legislative action

24 by the General Assembly.

25 The Commission may include such other information as it

26 deems to be necessary or beneficial in describing or explaining

SB1312

- 6 -

LRB099 06843 HAF 26917 b

1 its activities or regulatory responsibilities. The report

2 required by this Section shall be adopted by a vote of the full

3 Commission prior to filing.

4 (Source: P.A. 91-357, eff. 7-29-99.)