| 
 |  | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1908   Introduced 2/20/2015, by Sen. Don Harmon  SYNOPSIS AS INTRODUCED:
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220 ILCS 5/4-304 |  from Ch. 111 2/3, par. 4-304 | 
 
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 Amends the Public Utilities Act. Provides that discussion of the energy planning responsibilities and
activities of the Illinois Commerce Commission and energy utilities in the Commission's annual report shall include 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.
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| 1 |  |  AN ACT concerning utilities.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Public Utilities Act is amended by changing  | 
| 5 |  | Section 4-304 as follows:
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| 6 |  |  (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
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| 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:
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| 13 |  |  (1) A general review of agency activities and changes,  | 
| 14 |  | including:
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| 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
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| 19 |  |  cases;
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| 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  | 
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| 1 |  |  adopted by the Commission and reason therefor;
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| 2 |  |   (c) a description of the Commission's budget,  | 
| 3 |  |  caseload, and staff
levels, including specifically:
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| 4 |  |    (i) a breakdown by type of case of the cases  | 
| 5 |  |  resolved and filed during
the year and of pending  | 
| 6 |  |  cases;
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| 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;
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| 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;
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| 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.
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| 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  | 
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| 1 |  | prospective technologies, variations in the
quality,  | 
| 2 |  | availability and price for utility services in different
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| 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.
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| 6 |  |  (3) A specific discussion of the energy planning  | 
| 7 |  | responsibilities and
activities of the Commission and energy  | 
| 8 |  | utilities, including:
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| 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;
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| 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
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| 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
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| 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 .
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| 1 |  |   (d) a summary of the adoption of solar photovoltaic  | 
| 2 |  |  systems by residential and small business consumers in  | 
| 3 |  |  Illinois and a description of any and all barriers to  | 
| 4 |  |  residential and small business consumers' financing,  | 
| 5 |  |  installation, and valuation of energy produced by solar  | 
| 6 |  |  photovoltaic systems.  | 
| 7 |  |  (4) A discussion of the extent to which utility services  | 
| 8 |  | are available
to all Illinois citizens including:
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| 9 |  |   (a) the percentage and number of persons or households  | 
| 10 |  |  requiring each
such service who are not receiving such  | 
| 11 |  |  service, and the reasons therefore,
including specifically  | 
| 12 |  |  the number of such persons or households who are
unable to  | 
| 13 |  |  afford such service;
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| 14 |  |   (b) a critical analysis of existing programs designed  | 
| 15 |  |  to promote and
preserve the availability and affordability  | 
| 16 |  |  of utility services; and
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| 17 |  |   (c) an analysis of the financial impact on utilities  | 
| 18 |  |  and other
ratepayers of the inability of some customers or  | 
| 19 |  |  potential customers to
afford utility service, including  | 
| 20 |  |  the number of service disconnections and
reconnections,  | 
| 21 |  |  and cost thereof and the dollar amount of uncollectible
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| 22 |  |  accounts recovered through rates.
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| 23 |  |  (5) A detailed description of the means by which the  | 
| 24 |  | Commission is
implementing its new statutory responsibilities  | 
| 25 |  | under this Act, and the
status of such implementation,  | 
| 26 |  | including specifically:
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| 1 |  |   (a) Commission reorganization resulting from the  | 
| 2 |  |  addition of an
Executive Director and hearing examiner  | 
| 3 |  |  qualifications and review;
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| 4 |  |   (b) Commission responsibilities for construction and  | 
| 5 |  |  rate supervision,
including construction cost audits,  | 
| 6 |  |  management audits, excess capacity
adjustments, phase-ins  | 
| 7 |  |  of new plant and the means and capability for monitoring
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| 8 |  |  and reevaluating existing or future construction projects;
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| 9 |  |   (c) promulgation and application of rules concerning  | 
| 10 |  |  ex parte
communications, circulation of recommended orders  | 
| 11 |  |  and transcription of closed
meetings.
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| 12 |  |  (6) A description of all appeals taken from Commission  | 
| 13 |  | orders, findings
or decisions and the status and outcome of  | 
| 14 |  | such appeals.
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| 15 |  |  (7) A description of the status of all studies and  | 
| 16 |  | investigations
required by this Act, including those ordered  | 
| 17 |  | pursuant to Sections 8-304,
9-242, 9-244 and 13-301 and all
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| 18 |  | such subsequently ordered studies or investigations.
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| 19 |  |  (8) A discussion of new or potential developments in  | 
| 20 |  | federal
legislation, and federal agency and judicial decisions  | 
| 21 |  | relevant to State
regulation of utility services.
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| 22 |  |  (9) All recommendations for appropriate legislative action  | 
| 23 |  | by the General
Assembly.
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| 24 |  |  The Commission may include such other information as it  | 
| 25 |  | deems to be
necessary or beneficial in describing or explaining  | 
| 26 |  | its activities or
regulatory responsibilities. The report  |