SB 877 — REGULATION-TECH

*LRB09505640MJR25730b* SB0877 95THEngrossed GENERALLRB095 ASSEMBLY05640 StateMJR of25730 Illinoisb andAN 2008ACT SB0877concerning Introducedregulation. 2/8/2007, by Sen.

James F.

Clayborne, Jr.

- Emil Jones, Jr.

SYNOPSIS AS INTRODUCED:

ILCS 5/13-202 from Ch.

111 2/3, par.

13-202 Amends the Public Utilities Act.

Makes a technical change in a Section concerning the definition of "telecommunications carrier".

LRB095 05640 MJR 25730 b A BILL FOR SB0877 LRB095 05640 MJR 25730 b AN ACT concerning regulation.

The Public Utilities Act is amended by changingadding Section 13-2029-220.3 as follows:

(220 ILCS 5/13-202)5/9-220.3 (fromnew) Ch.Sec.

1119-220.3. 2/3, par.

13-202)Renewable (Sectionenergy scheduledportfolio tostandard beand repealedenergy onefficiency Julyportfolio 1,standard. 2007) Sec.

13-202.(a) The General Assembly finds and declares that it is desirable to obtain the environmental quality, public health, employment, economic development, rate stabilization, and fuel diversity benefits of developing new renewable energy resources for use in Illinois.

"TelecommunicationsThe carrier"General meansAssembly andhas andpreviously includesfound everyand corporation,declared company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever that owns,the controls,benefits operatesof orelectricity manages,from withinrenewable thisenergy State,resources directlyaccrue orto indirectly,the for public use,at anylarge, plant,thus equipmentconsumers orand propertyelectric usedutilities orand toalternative beretail usedelectric forsuppliers orshare inan connectioninterest with,in ordeveloping ownsand orusing controlsa anysignificant franchise,level license,of permitthese orenvironmentally rightpreferable toresources engage in the provisionState’s of,electricity telecommunicationssupply servicesportfolio. between points within the State which are specified by the user.

TelecommunicationsThe carrierGeneral doesAssembly nothas include,previously however:found and declared that renewable forms of energy should be promoted as an important element of the energy and environmental policies of the State.

(a)(b) telecommunicationsFor carrierspurposes that are owned and operated by any political subdivision, public or private institution of higher education or municipal corporation of this State,Section: for their own use, or telecommunications carriers SB0877 - 2 - LRB095 05640 MJR 25730 b that are owned by such political subdivision, public or private institution of higher education, or municipal corporation and operated by any of its lessees or operating agents, for their own use;

(b)SB0877 telecommunicationsEngrossed carriers- which2 are- purelyLRB095 mutual05640 concerns,MJR having25730 nob rates"Renewable orenergy chargescredit" formeans services,a buttradable payingcredit thethat operatingrepresents expenses by assessment upon the membersenvironmental attributes of such a companycertain andamount noof otherenergy personproduced butfrom doesa includerenewable telephoneenergy orresource. telecommunications cooperatives as defined in Section 13-212;

(c)"Renewable aenergy companyresources" includes energy or personrenewable whichenergy providescredits telecommunicationsfrom serviceswind, solelysolar tothermal itselfenergy, photovoltaic cells and itspanels, affiliatesdedicated orcrops membersgrown orfor betweenenergy pointsproduction inand theorganic samewaste building,biomass, hydropower that does not involve new construction or betweensignificant closelyexpansion locatedof buildings,hydropower affiliateddams, throughand substantialother commonsuch ownership,alternative controlsources orof development;environmentally preferable energy.

orFor (d)purposes aof companythis orSection, person"renewable engagedenergy inresources" theincludes deliverylandfill ofgas communityfrom antennalandfills televisionlocated services as described in subdivision (c) of Section 13-203, except with respect to the provisionState. of telecommunications services by that company or person.

(Source:"Renewable energy resources" does not include, however, energy from the incineration, burning or heating of waste wood, tires, garbage, general household, institutional and commercial waste, industrial lunchroom or office waste, landscape waste, or construction or demolition debris.

P.A.(c) The following renewable energy portfolio standards shall apply:

87-856.)(1) An electric utility shall procure or obtain renewable energy resources in amounts that equal or exceed the following percentages of the total electricity that such electric utility supplies to its retail Illinois customers:

2% by December 31, 2008;

4% by December 31, 2009;

5% by December 31, 2010;

6% by December 31, 2011;

7% by December 31, 2012;

8% by December 31, 2013;

9% by December 31, 2014;

and 10% by December 31, 2015.

It shall SB0877 Engrossed - 3 - LRB095 05640 MJR 25730 b be the goal of the State that cost-effective renewable energy resources be available to supply an amount of the total electricity that electric utilities supply to their retail customers that will continue to increase after 2015 by 1.5% per year to 25% by 2025.

Provided, however, that if the Commission’s promulgation of rules pursuant to item (7) is delayed beyond March 31, 2008, but occurs prior to April 1, 2009, the initial target year and each subsequent target year shall be delayed by one year;

the targets shall be delayed by an additional year for each additional year or fraction thereof that the Commission’s promulgation of rules is delayed.

In the event that the Commission’s promulgation of rules is delayed after March 31, 2008, but occurs before July 1, 2008, the utility shall nonetheless meet one-quarter of the target for 2008 of electricity supplied to retail Illinois customers by December 31, 2008.

To the extent that it is available, at least 75% of the renewable energy resources used to meet these standards shall come from wind generation.

For purposes of this subsection (c), "cost-effective" shall mean that the costs of procuring renewable energy resources do not cause the limit stated in item (3) to be exceeded.

(2) For the purposes of this subsection (c), the required procurement of renewable energy resources for a particular year shall be measured as a percentage of the actual amount of electricity (megawatt-hours) supplied by SB0877 Engrossed - 4 - LRB095 05640 MJR 25730 b the electric utility in the calendar year ending immediately prior to the procurement.

(3) Notwithstanding the requirements of item (1) of this subsection (c), an electric utility may reduce the amount of renewable energy resources procured under new contracts in any single year by an amount necessary to limit the estimated average increase due to the cost of these resources included in the amounts paid by retail customers in connection with electric service to no more than 0.5% of the amount paid by such customers during the preceding calendar year, with such limit increasing by 0.5% in each of the 3 years 2009 through 2011, for a maximum cap on the allowed estimated average increase due to the cost of these resources of 2.0%.