UTILITIES-INTERCONNECTIONS, the official text

SB3273 Enrolled                     LRB104 18411 AAS 31853 b

1   AN ACT concerning regulation.

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 16-107.5 and by adding Section 17-1000 as follows:

6   (220 ILCS 5/16-107.5)

7   (Text of Section before amendment by P.A. 104-458)

8   Sec. 16-107.5. Net electricity metering.

9   (a) The General Assembly finds and declares that a program

10 to provide net electricity metering, as defined in this

11 Section, for eligible customers can encourage private

12 investment in renewable energy resources, stimulate economic

13 growth, enhance the continued diversification of Illinois'

14 energy resource mix, and protect the Illinois environment.

15 Further, to achieve the goals of this Act that robust options

16 for customer-site distributed generation continue to thrive in

17 Illinois, the General Assembly finds that a predictable

18 transition must be ensured for customers between full net

19 metering at the retail electricity rate to the distribution

20 generation rebate described in Section 16-107.6.

21  (b) As used in this Section, (i) "community renewable

22 generation project" shall have the meaning set forth in

23 Section 1-10 of the Illinois Power Agency Act; (ii) "eligible
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 1 customer" means a retail customer that owns, hosts, or
 2 operates, including any third-party owned systems, a solar,
 3 wind, or other eligible renewable electrical generating
 4 facility that is located on the customer's premises or
 5 customer's side of the billing meter and is intended primarily
 6 to offset the customer's own current or future electrical
 7 requirements; (iii) "electricity provider" means an electric
 8 utility or alternative retail electric supplier; (iv)
 9 "eligible renewable electrical generating facility" means a
10 generator, which may include the co-location of an energy
11 storage system, that is interconnected under rules adopted by
12 the Commission and is powered by solar electric energy, wind,
13 dedicated crops grown for electricity generation, agricultural
14 residues, untreated and unadulterated wood waste, livestock
15 manure, anaerobic digestion of livestock or food processing
16 waste, fuel cells or microturbines powered by renewable fuels,
17 or hydroelectric energy; (v) "net electricity metering" (or
18 "net metering") means the measurement, during the billing
19 period applicable to an eligible customer, of the net amount
20 of electricity supplied by an electricity provider to the
21 customer or provided to the electricity provider by the
22 customer or subscriber; (vi) "subscriber" shall have the
23 meaning as set forth in Section 1-10 of the Illinois Power
24 Agency Act; (vii) "subscription" shall have the meaning set
25 forth in Section 1-10 of the Illinois Power Agency Act; (viii)
26 "energy storage system" means commercially available
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1 technology that is capable of absorbing energy and storing it

2 for a period of time for use at a later time, including, but

3 not limited to, electrochemical, thermal, and

4 electromechanical technologies, and may be interconnected

5 behind the customer's meter or interconnected behind its own

6 meter; and (ix) "future electrical requirements" means modeled

7 electrical requirements upon occupation of a new or vacant

8 property, and other reasonable expectations of future

9 electrical use, as well as, for occupied properties, a

10 reasonable approximation of the annual load of 2 electric

11 vehicles and, for non-electric heating customers, a reasonable

12 approximation of the incremental electric load associated with

13 fuel switching. The approximations shall be applied to the

14 appropriate net metering tariff and do not need to be unique to

15 each individual eligible customer. The utility shall submit

16 these approximations to the Commission for review,

17 modification, and approval.

18  (c) A net metering facility shall be equipped with

19 metering equipment that can measure the flow of electricity in

20 both directions at the same rate.

21  (1) For eligible customers whose electric service has

22  not been declared competitive pursuant to Section 16-113

23  of this Act as of July 1, 2011 and whose electric delivery

24  service is provided and measured on a kilowatt-hour basis

25  and electric supply service is not provided based on

26  hourly pricing, this shall typically be accomplished
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1   through use of a single, bi-directional meter. If the

2   eligible customer's existing electric revenue meter does

3   not meet this requirement, the electricity provider shall

4   arrange for the local electric utility or a meter service

5   provider to install and maintain a new revenue meter at

6   the electricity provider's expense, which may be the smart

7   meter described by subsection (b) of Section 16-108.5 of

8   this Act.

9   (2) For eligible customers whose electric service has

10  not been declared competitive pursuant to Section 16-113

11  of this Act as of July 1, 2011 and whose electric delivery

12  service is provided and measured on a kilowatt demand

13  basis and electric supply service is not provided based on

14  hourly pricing, this shall typically be accomplished

15  through use of a dual channel meter capable of measuring

16  the flow of electricity both into and out of the

17  customer's facility at the same rate and ratio. If such

18  customer's existing electric revenue meter does not meet

19  this requirement, then the electricity provider shall

20  arrange for the local electric utility or a meter service

21  provider to install and maintain a new revenue meter at

22  the electricity provider's expense, which may be the smart

23  meter described by subsection (b) of Section 16-108.5 of

24  this Act.

25  (3) For all other eligible customers, until such time

26  as the local electric utility installs a smart meter, as
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1   described by subsection (b) of Section 16-108.5 of this

2   Act, the electricity provider may arrange for the local

3   electric utility or a meter service provider to install

4   and maintain metering equipment capable of measuring the

5   flow of electricity both into and out of the customer's

6   facility at the same rate and ratio, typically through the

7   use of a dual channel meter. If the eligible customer's

8   existing electric revenue meter does not meet this

9   requirement, then the costs of installing such equipment

10  shall be paid for by the customer.

11  (d) An electricity provider shall measure and charge or

12 credit for the net electricity supplied to eligible customers

13 or provided by eligible customers whose electric service has

14 not been declared competitive pursuant to Section 16-113 of

15 this Act as of July 1, 2011 and whose electric delivery service

16 is provided and measured on a kilowatt-hour basis and electric

17 supply service is not provided based on hourly pricing in the

18 following manner:

19  (1) If the amount of electricity used by the customer

20  during the billing period exceeds the amount of

21  electricity produced by the customer, the electricity

22  provider shall charge the customer for the net electricity

23  supplied to and used by the customer as provided in

24  subsection (e-5) of this Section.

25  (2) If the amount of electricity produced by a

26  customer during the billing period exceeds the amount of
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1   electricity used by the customer during that billing

2   period, the electricity provider supplying that customer

3   shall apply a 1:1 kilowatt-hour credit to a subsequent

4   bill for service to the customer for the net electricity

5   supplied to the electricity provider. The electricity

6   provider shall continue to carry over any excess

7   kilowatt-hour credits earned and apply those credits to

8   subsequent       billing  periods          to  offset  any

9   customer-generator consumption in those billing periods

10  until all credits are used or until the end of the

11  annualized period.

12  (3) At the end of the year or annualized over the

13  period that service is supplied by means of net metering,

14  or in the event that the retail customer terminates

15  service with the electricity provider prior to the end of

16  the year or the annualized period, any remaining credits

17  in the customer's account shall expire.

18  (d-5) An electricity provider shall measure and charge or

19 credit for the net electricity supplied to eligible customers

20 or provided by eligible customers whose electric service has

21 not been declared competitive pursuant to Section 16-113 of

22 this Act as of July 1, 2011 and whose electric delivery service

23 is provided and measured on a kilowatt-hour basis and electric

24 supply service is provided based on hourly pricing or

25 time-of-use rates in the following manner:

26  (1) If the amount of electricity used by the customer
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1   during any hourly period or time-of-use period exceeds the

2   amount of electricity produced by the customer, the

3   electricity provider shall charge the customer for the net

4   electricity supplied to and used by the customer according

5   to the terms of the contract or tariff to which the same

6   customer would be assigned to or be eligible for if the

7   customer was not a net metering customer.

8   (2) If the amount of electricity produced by a

9   customer during any hourly period or time-of-use period

10  exceeds the amount of electricity used by the customer

11  during that hourly period or time-of-use period, the

12  energy provider shall apply a credit for the net

13  kilowatt-hours produced in such period. The credit shall

14  consist of an energy credit and a delivery service credit.

15  The energy credit shall be valued at the same price per

16  kilowatt-hour as the electric service provider would

17  charge for kilowatt-hour energy sales during that same

18  hourly period or time-of-use period. The delivery credit

19  shall be equal to the net kilowatt-hours produced in such

20  hourly period or time-of-use period times a credit that

21  reflects all kilowatt-hour based charges in the customer's

22  electric service rate, excluding energy charges.

23  (e) An electricity provider shall measure and charge or

24 credit for the net electricity supplied to eligible customers

25 whose electric service has not been declared competitive

26 pursuant to Section 16-113 of this Act as of July 1, 2011 and
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1 whose electric delivery service is provided and measured on a

2 kilowatt demand basis and electric supply service is not

3 provided based on hourly pricing in the following manner:

4   (1) If the amount of electricity used by the customer

5   during the billing period exceeds the amount of

6   electricity produced by the customer, then the electricity

7   provider shall charge the customer for the net electricity

8   supplied to and used by the customer as provided in

9   subsection (e-5) of this Section. The customer shall

10  remain responsible for all taxes, fees, and utility

11  delivery charges that would otherwise be applicable to the

12  net amount of electricity used by the customer.

13  (2) If the amount of electricity produced by a

14  customer during the billing period exceeds the amount of

15  electricity used by the customer during that billing

16  period, then the electricity provider supplying that

17  customer shall apply a 1:1 kilowatt-hour credit that

18  reflects the kilowatt-hour based charges in the customer's

19  electric service rate to a subsequent bill for service to

20  the customer for the net electricity supplied to the

21  electricity provider. The electricity provider shall

22  continue to carry over any excess kilowatt-hour credits

23  earned and apply those credits to subsequent billing

24  periods to offset any customer-generator consumption in

25  those billing periods until all credits are used or until

26  the end of the annualized period.
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1  (3) At the end of the year or annualized over the

2  period that service is supplied by means of net metering,

3  or in the event that the retail customer terminates

4  service with the electricity provider prior to the end of

5  the year or the annualized period, any remaining credits

6  in the customer's account shall expire.

7  (e-5) An electricity provider shall provide electric

8 service to eligible customers who utilize net metering at

9 non-discriminatory rates that are identical, with respect to

10 rate structure, retail rate components, and any monthly

11 charges, to the rates that the customer would be charged if not

12 a net metering customer. An electricity provider shall not

13 charge net metering customers any fee or charge or require

14 additional equipment, insurance, or any other requirements not

15 specifically authorized by interconnection standards

16 authorized by the Commission, unless the fee, charge, or other

17 requirement would apply to other similarly situated customers

18 who are not net metering customers. The customer will remain

19 responsible for all taxes, fees, and utility delivery charges

20 that would otherwise be applicable to the net amount of

21 electricity used by the customer. Subsections (c) through (e)

22 of this Section shall not be construed to prevent an

23 arms-length agreement between an electricity provider and an

24 eligible customer that sets forth different prices, terms, and

25 conditions for the provision of net metering service,

26 including, but not limited to, the provision of the
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1 appropriate metering equipment for non-residential customers.

2   (f) Notwithstanding the requirements of subsections (c)

3 through (e-5) of this Section, an electricity provider must

4 require dual-channel metering for customers operating eligible

5 renewable electrical generating facilities to whom the

6 provisions of neither subsection (d), (d-5), nor (e) of this

7 Section apply. In such cases, electricity charges and credits

8 shall be determined as follows:

9   (1) The electricity provider shall assess and the

10  customer remains responsible for all taxes, fees, and

11  utility delivery charges that would otherwise be

12  applicable to the gross amount of kilowatt-hours supplied

13  to the eligible customer by the electricity provider.

14  (2) Each month that service is supplied by means of

15  dual-channel metering, the electricity provider shall

16  compensate the eligible customer for any excess

17  kilowatt-hour credits at the electricity provider's

18  avoided cost of electricity supply over the monthly period

19  or as otherwise specified by the terms of a power-purchase

20  agreement negotiated between the customer and electricity

21  provider.

22  (3) For all eligible net metering customers taking

23  service from an electricity provider under contracts or

24  tariffs employing hourly or time-of-use rates, any monthly

25  consumption of electricity shall be calculated according

26  to the terms of the contract or tariff to which the same
    SB3273 Enrolled      - 11 - LRB104 18411 AAS 31853 b

1   customer would be assigned to or be eligible for if the

2   customer was not a net metering customer. When those same

3   customer-generators are net generators during any discrete

4   hourly or time-of-use period, the net kilowatt-hours

5   produced shall be valued at the same price per

6   kilowatt-hour as the electric service provider would

7   charge for retail kilowatt-hour sales during that same

8   time-of-use period.

9   (g) For purposes of federal and State laws providing

10 renewable energy credits or greenhouse gas credits, the

11 eligible customer shall be treated as owning and having title

12 to the renewable energy attributes, renewable energy credits,

13 and greenhouse gas emission credits related to any electricity

14 produced by the qualified generating unit. The electricity

15 provider may not condition participation in a net metering

16 program on the signing over of a customer's renewable energy

17 credits; provided, however, this subsection (g) shall not be

18 construed to prevent an arms-length agreement between an

19 electricity provider and an eligible customer that sets forth

20 the ownership or title of the credits.

21  (h) Within 120 days after the effective date of this

22 amendatory Act of the 95th General Assembly, the Commission

23 shall establish standards for net metering and, if the

24 Commission has not already acted on its own initiative,

25 standards for the interconnection of eligible renewable

26 generating equipment to the utility system. The
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1 interconnection standards shall address any procedural

2 barriers, delays, and administrative costs associated with the

3 interconnection of customer-generation while ensuring the

4 safety and reliability of the units and the electric utility

5 system. The Commission shall consider the Institute of

6 Electrical and Electronics Engineers (IEEE) Standard 1547 and

7 the issues of (i) reasonable and fair fees and costs, (ii)

8 clear timelines for major milestones in the interconnection

9 process, (iii) nondiscriminatory terms of agreement, and (iv)

10 any best practices for interconnection of distributed

11 generation.

12  (h-5) Within 90 days after the effective date of this

13 amendatory Act of the 102nd General Assembly, the Commission

14 shall:

15         (1) establish an Interconnection Working Group. The

16  working group shall include representatives from electric

17  utilities, developers of renewable electric generating

18  facilities, other industries that regularly apply for

19  interconnection with the electric utilities,

20  representatives of distributed generation customers, the

21  Commission Staff, and such other stakeholders with a

22  substantial interest in the topics addressed by the

23  Interconnection Working Group. The Interconnection Working

24  Group shall address at least the following issues:

25              (A) cost and best available technology for

26         interconnection and metering, including the
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1   standardization and publication of standard costs;

2   (B) transparency, accuracy and use of the

3   distribution interconnection queue and hosting

4   capacity maps;

5   (C) distribution system upgrade cost avoidance

6   through use of advanced inverter functions;

7   (D) predictability of the queue management process

8   and enforcement of timelines;

9   (E) benefits and challenges associated with group

10  studies and cost sharing;

11  (F) minimum requirements for application to the

12  interconnection process and throughout the

13  interconnection process to avoid queue clogging

14  behavior;

15  (G) process and customer service for

16  interconnecting customers adopting distributed energy

17  resources, including energy storage;

18  (H) options for metering distributed energy

19  resources, including energy storage;

20  (I) interconnection of new technologies, including

21  smart inverters and energy storage;

22  (J) collect, share, and examine data on Level 1

23  interconnection costs, including cost and type of

24  upgrades required for interconnection, and use this

25  data to inform the final standardized cost of Level 1

26  interconnection; and
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1   (K) such other technical, policy, and tariff

2   issues related to and affecting interconnection

3   performance and customer service as determined by the

4   Interconnection Working Group.

5   The Commission may create subcommittees of the

6   Interconnection Working Group to focus on specific issues

7   of importance, as appropriate. The Interconnection Working

8   Group shall report to the Commission on recommended

9   improvements to interconnection rules and tariffs and

10  policies as determined by the Interconnection Working

11  Group at least every 6 months. Such reports shall include

12  consensus recommendations of the Interconnection Working

13  Group and, if applicable, additional recommendations for

14  which consensus was not reached. The Commission shall use

15  the report from the Interconnection Working Group to

16  determine whether processes should be commenced to

17  formally codify or implement the recommendations;

18  (2) create or contract for an Ombudsman to resolve

19  interconnection disputes through non-binding arbitration.

20  The Ombudsman may be paid in full or in part through fees

21  levied on the initiators of the dispute; and

22  (3) determine a single standardized cost for Level 1

23  interconnections, which shall not exceed $200.

24  (h-7) After an electric distribution company determines

25 that an interconnection request from an applicant for a public

26 school project has been completed, the electric distribution
SB3273 Enrolled  - 15 - LRB104 18411 AAS 31853 b

 1 company must immediately begin all evaluations, reviews, and
 2 screenings of the interconnection request. Projects pending in
 3 the interconnection queue on the same feeder and substation as
 4 an interconnection request for a public school project shall
 5 be paused until the public school project has received a fully
 6 executed interconnection agreement, regardless of queue
 7 position assignments under 83 Ill. Adm. Code 466, to ensure
 8 that available feeder and substation capacity is reserved for
 9 the public school project. If the electric distribution
10 company determines that there is no requirement for the
11 construction of facilities by the electric distribution
12 company on its own system, the electric distribution company
13 shall provide the applicant with an interconnection agreement,
14 as provided under 83 Ill. Adm. Code 466. If the electric
15 distribution company determines that the public school project
16 has a nameplate capacity that is less than 500 kilowatts (kW)
17 with no colocated distribution resources and determines that
18 no system modifications are required, the electric
19 distribution company must complete all required
20 interconnection-related evaluations, reviews, and screenings
21 within 30 days after making such a determination and issue an
22 interconnection agreement as soon as possible after the
23 evaluations, reviews, and screenings are completed. If the
24 electric distribution company determines that only minor
25 system modifications are required, the electric distribution
26 company shall provide the applicant with an interconnection
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1 agreement within 60 days after the applicant elects to

2 continue the application and pays any necessary fees or costs

3 required under 83 Ill. Adm. Code 466. If the electric

4 distribution company determines that more than minor

5 modifications are required, the electric distribution company

6 shall provide the applicant with an interconnection agreement

7 within 90 days after the applicant elects to continue the

8 application and pays any necessary fees or costs required

9 under 83 Ill. Adm. Code 466.

10  For all net metering credits earned on a monthly basis or

11 other credits owed to a customer who has elected to install a

12 distributed renewable generation project on public school

13 land, all credits intended for the benefit of the consumer

14 must be credited by the public utility or retail energy

15 supplier within 90 days after the public utility or retail

16 energy supplier determines that the criteria for the credit

17 have been met.

18  As soon as practicable after the effective date of this

19 amendatory Act of the 104th General Assembly, the Commission

20 shall adopt revisions to its standards for the interconnection

21 of eligible renewable generating equipment and net metering

22 credit rules to conform with the requirements of this

23 amendatory Act of the 104th General Assembly.

24  As used in this subsection:

25  "Electric distribution company" means any electric utility

26 subject to the jurisdiction of the Commission serving more
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1 than 100,000 customers in this State.

2   "Public schools" has the meaning set forth in Section 1-3

3 of the School Code and includes public institutions of higher

4 education, as defined in the Board of Higher Education Act.

5   "Public school project" means a renewable electrical

6 generating facility that is located on the premises of a

7 public school on the customer's side of the billing meter, is

8 intended primarily to offset the customer's current or future

9 electrical requirements, and is eligible only for renewable

10 energy credits apportioned to distributed renewable generation

11 devices installed on public school land under subparagraph

12 (iv) of paragraph (K) of subsection (c) of Section 1-75 of the

13 Illinois Power Agency Act.

14  (i) All electricity providers shall begin to offer net

15 metering no later than April 1, 2008.

16  (j) An electricity provider shall provide net metering to

17 eligible customers according to subsections (d), (d-5), and

18 (e). Eligible renewable electrical generating facilities for

19 which eligible customers registered for net metering before

20 January 1, 2025 shall continue to receive net metering

21 services according to subsections (d), (d-5), and (e) of this

22 Section for the lifetime of the system, regardless of whether

23 those retail customers change electricity providers or whether

24 the retail customer benefiting from the system changes. On and

25 after January 1, 2025, any eligible customer that applies for

26 net metering and previously would have qualified under
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1 subsections (d), (d-5), or (e) shall only be eligible for net

2 metering as described in subsection (n).

3   (k) Each electricity provider shall maintain records and

4 report annually to the Commission the total number of net

5 metering customers served by the provider, as well as the

6 type, capacity, and energy sources of the generating systems

7 used by the net metering customers. Nothing in this Section

8 shall limit the ability of an electricity provider to request

9 the redaction of information deemed by the Commission to be

10 confidential business information.

11  (l)(1) Notwithstanding the definition of "eligible

12 customer" in item (ii) of subsection (b) of this Section, each

13 electricity provider shall allow net metering as set forth in

14 this subsection (l) and for the following projects, provided

15 that only electric utilities serving more than 200,000

16 customers as of January 1, 2021 shall provide net metering for

17 projects that are eligible for subparagraph (C) of this

18 paragraph (1) and have energized after the effective date of

19 this amendatory Act of the 102nd General Assembly:

20  (A) properties owned or leased by multiple customers

21  that contribute to the operation of an eligible renewable

22  electrical generating facility through an ownership or

23  leasehold interest of at least 200 watts in such facility,

24  such as a community-owned wind project, a community-owned

25  biomass project, a community-owned solar project, or a

26  community methane digester processing livestock waste from
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1   multiple sources, provided that the facility is also

2   located within the utility's service territory;

3   (B) individual units, apartments, or properties

4   located in a single building that are owned or leased by

5   multiple customers and collectively served by a common

6   eligible renewable electrical generating facility, such as

7   an office or apartment building, a shopping center or

8   strip mall served by photovoltaic panels on the roof; and

9   (C) subscriptions to community renewable generation

10  projects, including community renewable generation

11  projects on the customer's side of the billing meter of a

12  host facility and partially used for the customer's own

13  load.

14  In addition, the nameplate capacity of the eligible

15 renewable electric generating facility that serves the demand

16 of the properties, units, or apartments identified in

17 paragraphs (1) and (2) of this subsection (l) shall not exceed

18 5,000 kilowatts in nameplate capacity in total. Any eligible

19 renewable electrical generating facility or community

20 renewable generation project that is powered by photovoltaic

21 electric energy and installed after the effective date of this

22 amendatory Act of the 99th General Assembly must be installed

23 by a qualified person in compliance with the requirements of

24 Section 16-128A of the Public Utilities Act and any rules or

25 regulations adopted thereunder.

26  (2) Notwithstanding anything to the contrary, an
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1 electricity provider shall provide credits for the electricity

2 produced by the projects described in paragraph (1) of this

3 subsection (l). The electricity provider shall provide credits

4 that include at least energy supply, capacity, transmission,

5 and, if applicable, the purchased energy adjustment on the

6 subscriber's monthly bill equal to the subscriber's share of

7 the production of electricity from the project, as determined

8 by paragraph (3) of this subsection (l). For customers with

9 transmission or capacity charges not charged on a

10 kilowatt-hour basis, the electricity provider shall prepare a

11 reasonable approximation of the kilowatt-hour equivalent value

12 and provide that value as a monetary credit. The electricity

13 provider shall submit these approximation methodologies to the

14 Commission for review, modification, and approval.

15 Notwithstanding anything to the contrary, customers on payment

16 plans or participating in budget billing programs shall have

17 credits applied on a monthly basis.

18  (3) Notwithstanding anything to the contrary and

19 regardless of whether a subscriber to an eligible community

20 renewable generation project receives power and energy service

21 from the electric utility or an alternative retail electric

22 supplier, for projects eligible under paragraph (C) of

23 subparagraph (1) of this subsection (l), electric utilities

24 serving more than 200,000 customers as of January 1, 2021

25 shall provide the monetary credits to a subscriber's

26 subsequent bill for the electricity produced by community
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 1 renewable generation projects. The electric utility shall
 2 provide monetary credits to a subscriber's subsequent bill at
 3 the utility's total price to compare equal to the subscriber's
 4 share of the production of electricity from the project, as
 5 determined by paragraph (5) of this subsection (l). For the
 6 purposes of this subsection, "total price to compare" means
 7 the rate or rates published by the Illinois Commerce
 8 Commission for energy supply for eligible customers receiving
 9 supply service from the electric utility, and shall include
10 energy, capacity, transmission, and the purchased energy
11 adjustment. Notwithstanding anything to the contrary,
12 customers on payment plans or participating in budget billing
13 programs shall have credits applied on a monthly basis. Any
14 applicable credit or reduction in load obligation from the
15 production of the community renewable generating projects
16 receiving a credit under this subsection shall be credited to
17 the electric utility to offset the cost of providing the
18 credit. To the extent that the credit or load obligation
19 reduction does not completely offset the cost of providing the
20 credit to subscribers of community renewable generation
21 projects as described in this subsection, the electric utility
22 may recover the remaining costs through its Multi-Year Rate
23 Plan. All electric utilities serving 200,000 or fewer
24 customers as of January 1, 2021 shall only provide the
25 monetary credits to a subscriber's subsequent bill for the
26 electricity produced by community renewable generation
   SB3273 Enrolled  - 22 - LRB104 18411 AAS 31853 b

1 projects if the subscriber receives power and energy service

2 from the electric utility. Alternative retail electric

3 suppliers providing power and energy service to a subscriber

4 located within the service territory of an electric utility

5 not subject to Sections 16-108.18 and 16-118 shall provide the

6 monetary credits to the subscriber's subsequent bill for the

7 electricity produced by community renewable generation

8 projects.

9  (4) If requested by the owner or operator of a community

10 renewable generating project, an electric utility serving more

11 than 200,000 customers as of January 1, 2021 shall enter into a

12 net crediting agreement with the owner or operator to include

13 a subscriber's subscription fee on the subscriber's monthly

14 electric bill and provide the subscriber with a net credit

15 equivalent to the total bill credit value for that generation

16 period minus the subscription fee, provided the subscription

17 fee is structured as a fixed percentage of bill credit value.

18 The net crediting agreement shall set forth payment terms from

19 the electric utility to the owner or operator of the community

20 renewable generating project, and the electric utility may

21 charge a net crediting fee to the owner or operator of a

22 community renewable generating project that may not exceed 2%

23 of the bill credit value. Notwithstanding anything to the

24 contrary, an electric utility serving 200,000 customers or

25 fewer as of January 1, 2021 shall not be obligated to enter

26 into a net crediting agreement with the owner or operator of a
    SB3273 Enrolled  - 23 - LRB104 18411 AAS 31853 b

1 community renewable generating project.

2   (5) For the purposes of facilitating net metering, the

3 owner or operator of the eligible renewable electrical

4 generating facility or community renewable generation project

5 shall be responsible for determining the amount of the credit

6 that each customer or subscriber participating in a project

7 under this subsection (l) is to receive in the following

8 manner:

9          (A) The owner or operator shall, on a monthly basis,

10  provide to the electric utility the kilowatthours of

11  generation attributable to each of the utility's retail

12  customers and subscribers participating in projects under

13  this subsection (l) in accordance with the customer's or

14  subscriber's share of the eligible renewable electric

15  generating facility's or community renewable generation

16  project's output of power and energy for such month. The

17  owner or operator shall electronically transmit such

18  calculations and associated documentation to the electric

19  utility, in a format or method set forth in the applicable

20  tariff, on a monthly basis so that the electric utility

21  can reflect the monetary credits on customers' and

22  subscribers' electric utility bills. The electric utility

23  shall be permitted to revise its tariffs to implement the

24  provisions of this amendatory Act of the 102nd General

25  Assembly. The owner or operator shall separately provide

26  the electric utility with the documentation detailing the
    SB3273 Enrolled     - 24 - LRB104 18411 AAS 31853 b

1   calculations supporting the credit in the manner set forth

2   in the applicable tariff.

3   (B) For those participating customers and subscribers

4   who receive their energy supply from an alternative retail

5   electric supplier, the electric utility shall remit to the

6   applicable alternative retail electric supplier the

7   information provided under subparagraph (A) of this

8   paragraph (3) for such customers and subscribers in a

9   manner set forth in such alternative retail electric

10  supplier's net metering program, or as otherwise agreed

11  between the utility and the alternative retail electric

12  supplier. The alternative retail electric supplier shall

13  then submit to the utility the amount of the charges for

14  power and energy to be applied to such customers and

15  subscribers, including the amount of the credit associated

16  with net metering.

17  (C) A participating customer or subscriber may provide

18  authorization as required by applicable law that directs

19  the electric utility to submit information to the owner or

20  operator of the eligible renewable electrical generating

21  facility or community renewable generation project to

22  which the customer or subscriber has an ownership or

23  leasehold interest or a subscription. Such information

24  shall be limited to the components of the net metering

25  credit calculated under this subsection (l), including the

26  bill credit rate, total kilowatthours, and total monetary
    SB3273 Enrolled  - 25 - LRB104 18411 AAS 31853 b

1   credit value applied to the customer's or subscriber's

2   bill for the monthly billing period.

3   (l-5) Within 90 days after the effective date of this

4 amendatory Act of the 102nd General Assembly, each electric

5 utility subject to this Section shall file a tariff or tariffs

6 to implement the provisions of subsection (l) of this Section,

7 which shall, consistent with the provisions of subsection (l),

8 describe the terms and conditions under which owners or

9 operators of qualifying properties, units, or apartments may

10 participate in net metering. The Commission shall approve, or

11 approve with modification, the tariff within 120 days after

12 the effective date of this amendatory Act of the 102nd General

13 Assembly.

14  (m) Nothing in this Section shall affect the right of an

15 electricity provider to continue to provide, or the right of a

16 retail customer to continue to receive service pursuant to a

17 contract for electric service between the electricity provider

18 and the retail customer in accordance with the prices, terms,

19 and conditions provided for in that contract. Either the

20 electricity provider or the customer may require compliance

21 with the prices, terms, and conditions of the contract.

22  (n) On and after January 1, 2025, the net metering

23 services described in subsections (d), (d-5), and (e) of this

24 Section shall no longer be offered, except as to those

25 eligible renewable electrical generating facilities for which

26 retail customers are receiving net metering service under
    SB3273 Enrolled    - 26 - LRB104 18411 AAS 31853 b

1 these subsections at the time the net metering services under

2 those subsections are no longer offered; those systems shall

3 continue to receive net metering services described in

4 subsections (d), (d-5), and (e) of this Section for the

5 lifetime of the system, regardless of if those retail

6 customers change electricity providers or whether the retail

7 customer benefiting from the system changes. The electric

8 utility serving more than 200,000 customers as of January 1,

9 2021 is responsible for ensuring the billing credits continue

10 without lapse for the lifetime of systems, as required in

11 subsection (o). Those retail customers that begin taking net

12 metering service after the date that net metering services are

13 no longer offered under such subsections shall be subject to

14 the provisions set forth in the following paragraphs (1)

15 through (3) of this subsection (n):

16  (1) An electricity provider shall charge or credit for

17  the net electricity supplied to eligible customers or

18  provided by eligible customers whose electric supply

19  service is not provided based on hourly pricing in the

20  following manner:

21  (A) If the amount of electricity used by the

22  customer during the monthly billing period exceeds the

23  amount of electricity produced by the customer, then

24  the electricity provider shall charge the customer for

25  the net kilowatt-hour based electricity charges

26  reflected in the customer's electric service rate
    SB3273 Enrolled  - 27 - LRB104 18411 AAS 31853 b

1   supplied to and used by the customer as provided in

2   paragraph (3) of this subsection (n).

3   (B) If the amount of electricity produced by a

4   customer during the monthly billing period exceeds the

5   amount of electricity used by the customer during that

6   billing period, then the electricity provider

7   supplying that customer shall apply a 1:1

8   kilowatt-hour energy or monetary credit kilowatt-hour

9   supply charges to the customer's subsequent bill. The

10  customer shall choose between 1:1 kilowatt-hour or

11  monetary credit at the time of application. For the

12  purposes of this subsection, "kilowatt-hour supply

13  charges" means the kilowatt-hour equivalent values for

14  energy, capacity, transmission, and the purchased

15  energy adjustment, if applicable. Notwithstanding

16  anything to the contrary, customers on payment plans

17  or participating in budget billing programs shall have

18  credits applied on a monthly basis. The electricity

19  provider shall continue to carry over any excess

20  kilowatt-hour or monetary energy credits earned and

21  apply those credits to subsequent billing periods. For

22  customers with transmission or capacity charges not

23  charged on a kilowatt-hour basis, the electricity

24  provider shall prepare a reasonable approximation of

25  the kilowatt-hour equivalent value and provide that

26  value as a monetary credit. The electricity provider
    SB3273 Enrolled    - 28 - LRB104 18411 AAS 31853 b

1   shall submit these approximation methodologies to the

2   Commission for review, modification, and approval.

3   (C) (Blank).

4   (2) An electricity provider shall charge or credit for

5   the net electricity supplied to eligible customers or

6   provided by eligible customers whose electric supply

7   service is provided based on hourly pricing in the

8   following manner:

9   (A) If the amount of electricity used by the

10  customer during any hourly period exceeds the amount

11  of electricity produced by the customer, then the

12  electricity provider shall charge the customer for the

13  net electricity supplied to and used by the customer

14  as provided in paragraph (3) of this subsection (n).

15  (B) If the amount of electricity produced by a

16  customer during any hourly period exceeds the amount

17  of electricity used by the customer during that hourly

18  period, the energy provider shall calculate an energy

19  credit for the net kilowatt-hours produced in such

20  period, and shall apply that credit as a monetary

21  credit to the customer's subsequent bill. The value of

22  the energy credit shall be calculated using the same

23  price per kilowatt-hour as the electric service

24  provider would charge for kilowatt-hour energy sales

25  during that same hourly period and shall also include

26  values for capacity and transmission. For customers
    SB3273 Enrolled  - 29 - LRB104 18411 AAS 31853 b

1   with transmission or capacity charges not charged on a

2   kilowatt-hour basis, the electricity provider shall

3   prepare a reasonable approximation of the

4   kilowatt-hour equivalent value and provide that value

5   as a monetary credit. The electricity provider shall

6   submit these approximation methodologies to the

7   Commission for review, modification, and approval.

8   Notwithstanding anything to the contrary, customers on

9   payment plans or participating in budget billing

10  programs shall have credits applied on a monthly

11  basis.

12  (3) An electricity provider shall provide electric

13  service to eligible customers who utilize net metering at

14  non-discriminatory rates that are identical, with respect

15  to rate structure, retail rate components, and any monthly

16  charges, to the rates that the customer would be charged

17  if not a net metering customer. An electricity provider

18  shall charge the customer for the net electricity supplied

19  to and used by the customer according to the terms of the

20  contract or tariff to which the same customer would be

21  assigned or be eligible for if the customer was not a net

22  metering customer. An electricity provider shall not

23  charge net metering customers any fee or charge or require

24  additional equipment, insurance, or any other requirements

25  not specifically authorized by interconnection standards

26  authorized by the Commission, unless the fee, charge, or
    SB3273 Enrolled  - 30 - LRB104 18411 AAS 31853 b

1   other requirement would apply to other similarly situated

2   customers who are not net metering customers. The customer

3   remains responsible for the gross amount of delivery

4   services charges, supply-related charges that are kilowatt

5   based, and all taxes and fees related to such charges. The

6   customer also remains responsible for all taxes and fees

7   that would otherwise be applicable to the net amount of

8   electricity used by the customer. Paragraphs (1) and (2)

9   of this subsection (n) shall not be construed to prevent

10  an arms-length agreement between an electricity provider

11  and an eligible customer that sets forth different prices,

12  terms, and conditions for the provision of net metering

13  service, including, but not limited to, the provision of

14  the appropriate metering equipment for non-residential

15  customers. Nothing in this paragraph (3) shall be

16  interpreted to mandate that a utility that is only

17  required to provide delivery services to a given customer

18  must also sell electricity to such customer.

19  (o) Within 90 days after the effective date of this

20 amendatory Act of the 102nd General Assembly, each electric

21 utility subject to this Section shall file a tariff, which

22 shall, consistent with the provisions of this Section, propose

23 the terms and conditions under which a customer may

24 participate in net metering. The tariff for electric utilities

25 serving more than 200,000 customers as of January 1, 2021

26 shall also provide a streamlined and transparent bill
SB3273 Enrolled  - 31 - LRB104 18411 AAS 31853 b

 1 crediting system for net metering to be managed by the
 2 electric utilities. The terms and conditions shall include,
 3 but are not limited to, that an electric utility shall manage
 4 and maintain billing of net metering credits and charges
 5 regardless of if the eligible customer takes net metering
 6 under an electric utility or alternative retail electric
 7 supplier. The electric utility serving more than 200,000
 8 customers as of January 1, 2021 shall process and approve all
 9 net metering applications, even if an eligible customer is
10 served by an alternative retail electric supplier; and the
11 utility shall forward application approval to the appropriate
12 alternative retail electric supplier. Eligibility for net
13 metering shall remain with the owner of the utility billing
14 address such that, if an eligible renewable electrical
15 generating facility changes ownership, the net metering
16 eligibility transfers to the new owner. The electric utility
17 serving more than 200,000 customers as of January 1, 2021
18 shall manage net metering billing for eligible customers to
19 ensure full crediting occurs on electricity bills, including,
20 but not limited to, ensuring net metering crediting begins
21 upon commercial operation date, net metering billing transfers
22 immediately if an eligible customer switches from an electric
23 utility to alternative retail electric supplier or vice versa,
24 and net metering billing transfers between ownership of a
25 valid billing address. All transfers referenced in the
26 preceding sentence shall include transfer of all banked
    SB3273 Enrolled  - 32 - LRB104 18411 AAS 31853 b

 1 credits. All electric utilities serving 200,000 or fewer
 2 customers as of January 1, 2021 shall manage net metering
 3 billing for eligible customers receiving power and energy
 4 service from the electric utility to ensure full crediting
 5 occurs on electricity bills, ensuring net metering crediting
 6 begins upon commercial operation date, net metering billing
 7 transfers immediately if an eligible customer switches from an
 8 electric utility to alternative retail electric supplier or
 9 vice versa, and net metering billing transfers between
10 ownership of a valid billing address. Alternative retail
11 electric suppliers providing power and energy service to
12 eligible customers located within the service territory of an
13 electric utility serving 200,000 or fewer customers as of
14 January 1, 2021 shall manage net metering billing for eligible
15 customers to ensure full crediting occurs on electricity
16 bills, including, but not limited to, ensuring net metering
17 crediting begins upon commercial operation date, net metering
18 billing transfers immediately if an eligible customer switches
19 from an electric utility to alternative retail electric
20 supplier or vice versa, and net metering billing transfers
21 between ownership of a valid billing address.
22 (Source: P.A. 102-662, eff. 9-15-21.)

23  (Text of Section after amendment by P.A. 104-458)

24  Sec. 16-107.5. Net electricity metering.

25  (a) The General Assembly finds and declares that a program
    SB3273 Enrolled           - 33 - LRB104 18411 AAS 31853 b

1 to provide net electricity metering, as defined in this

2 Section, for eligible customers can encourage private

3 investment in renewable energy resources, stimulate economic

4 growth, enhance the continued diversification of Illinois'

5 energy resource mix, and protect the Illinois environment.

6 Further, to achieve the goals of this Act that robust options

7 for customer-site distributed generation and storage continue

8 to thrive in Illinois, the General Assembly finds that a

9 predictable transition must be ensured for customers between

10 full net metering at the retail electricity rate to the

11 distribution generation rebate described in Section 16-107.6.

12  (b) As used in this Section:

13  (i) "Community renewable generation project" shall

14  have the meaning set forth in Section 1-10 of the Illinois

15  Power Agency Act.

16  (ii) "Eligible customer" means a retail customer that

17  owns, hosts, or operates, including any third-party owned

18  systems, a solar, wind, or other eligible renewable

19  electrical generating facility or an eligible storage

20  device that is located on the customer's premises or

21  customer's side of the billing meter and is intended

22  primarily to offset the customer's own current or future

23  electrical requirements.

24  (iii) "Electricity provider" means an electric utility

25  or alternative retail electric supplier.

26  (iv) "Eligible renewable electrical generating
    SB3273 Enrolled          - 34 - LRB104 18411 AAS 31853 b

1   facility" means a generator, which may include the

2   colocation of an energy storage system, that is

3   interconnected under rules adopted by the Commission and

4   is powered by solar electric energy, wind, dedicated crops

5   grown for electricity generation, agricultural residues,

6   untreated and unadulterated wood waste, livestock manure,

7   anaerobic digestion of livestock or food processing waste,

8   fuel cells or microturbines powered by renewable fuels, or

9   hydroelectric energy.

10  (v) "Net electricity metering" (or "net metering")

11  means the measurement, during the billing period

12  applicable to an eligible customer, of the net amount of

13  electricity supplied by an electricity provider to the

14  customer or provided to the electricity provider by the

15  customer or subscriber.

16  (vi) "Subscriber" shall have the meaning as set forth

17  in Section 1-10 of the Illinois Power Agency Act.

18  (vii) "Subscription" shall have the meaning set forth

19  in Section 1-10 of the Illinois Power Agency Act.

20  (viii) "Energy storage system" means commercially

21  available technology that is capable of absorbing energy

22  and storing it for a period of time for use at a later

23  time, including, but not limited to, electrochemical,

24  thermal, and electromechanical technologies, and may be

25  interconnected behind the customer's meter or

26  interconnected behind its own meter.
    SB3273 Enrolled    - 35 - LRB104 18411 AAS 31853 b

1   (ix) "Future electrical requirements" means modeled

2   electrical requirements upon occupation of a new or vacant

3   property, and other reasonable expectations of future

4   electrical use, as well as, for occupied properties, a

5   reasonable approximation of the annual load of 2 electric

6   vehicles and, for non-electric heating customers, a

7   reasonable approximation of the incremental electric load

8   associated with fuel switching. The approximations shall

9   be applied to the appropriate net metering tariff and do

10  not need to be unique to each individual eligible

11  customer. The utility shall submit these approximations to

12  the Commission for review, modification, and approval.

13  (x) "Vehicle storage system" means a vehicle that when

14  connected to an electric utility's distribution system is

15  capable of being an energy storage system, as defined in

16  Section 16-107.6.

17  (c) A net metering facility shall be equipped with

18 metering equipment that can measure the flow of electricity in

19 both directions at the same rate.

20  (1) For eligible customers whose electric service has

21  not been declared competitive pursuant to Section 16-113

22  of this Act as of July 1, 2011 and whose electric delivery

23  service is provided and measured on a kilowatt-hour basis

24  and electric supply service is not provided based on

25  hourly pricing, this shall typically be accomplished

26  through use of a single, bi-directional meter. If the
    SB3273 Enrolled  - 36 - LRB104 18411 AAS 31853 b

1   eligible customer's existing electric revenue meter does

2   not meet this requirement, the electricity provider shall

3   arrange for the local electric utility or a meter service

4   provider to install and maintain a new revenue meter at

5   the electricity provider's expense, which may be the smart

6   meter described by subsection (b) of Section 16-108.5 of

7   this Act.

8   (2) For eligible customers whose electric service has

9   not been declared competitive pursuant to Section 16-113

10  of this Act as of July 1, 2011 and whose electric delivery

11  service is provided and measured on a kilowatt demand

12  basis and electric supply service is not provided based on

13  hourly pricing, this shall typically be accomplished

14  through use of a dual channel meter capable of measuring

15  the flow of electricity both into and out of the

16  customer's facility at the same rate and ratio. If such

17  customer's existing electric revenue meter does not meet

18  this requirement, then the electricity provider shall

19  arrange for the local electric utility or a meter service

20  provider to install and maintain a new revenue meter at

21  the electricity provider's expense, which may be the smart

22  meter described by subsection (b) of Section 16-108.5 of

23  this Act.

24  (3) For all other eligible customers, until such time

25  as the local electric utility installs a smart meter, as

26  described by subsection (b) of Section 16-108.5 of this
    SB3273 Enrolled   - 37 - LRB104 18411 AAS 31853 b

1   Act, the electricity provider may arrange for the local

2   electric utility or a meter service provider to install

3   and maintain metering equipment capable of measuring the

4   flow of electricity both into and out of the customer's

5   facility at the same rate and ratio, typically through the

6   use of a dual channel meter. If the eligible customer's

7   existing electric revenue meter does not meet this

8   requirement, then the costs of installing such equipment

9   shall be paid for by the customer.

10  (d) An electricity provider shall measure and charge or

11 credit for the net electricity supplied to eligible customers

12 or provided by eligible customers whose electric service has

13 not been declared competitive pursuant to Section 16-113 of

14 this Act as of July 1, 2011 and whose electric delivery service

15 is provided and measured on a kilowatt-hour basis and electric

16 supply service is not provided based on hourly pricing in the

17 following manner:

18  (1) If the amount of electricity used by the customer

19  during the billing period exceeds the amount of

20  electricity produced by the customer, the electricity

21  provider shall charge the customer for the net electricity

22  supplied to and used by the customer as provided in

23  subsection (e-5) of this Section.

24  (2) If the amount of electricity produced by a

25  customer during the billing period exceeds the amount of

26  electricity used by the customer during that billing
    SB3273 Enrolled           - 38 - LRB104 18411 AAS 31853 b

1   period, the electricity provider supplying that customer

2   shall apply a 1:1 kilowatt-hour credit to a subsequent

3   bill for service to the customer for the net electricity

4   supplied to the electricity provider. The electricity

5   provider shall continue to carry over any excess

6   kilowatt-hour credits earned and apply those credits to

7   subsequent       billing  periods          to  offset  any

8   customer-generator consumption in those billing periods

9   until all credits are used or until the end of the

10  annualized period.

11  (3) At the end of the year or annualized over the

12  period that service is supplied by means of net metering,

13  or in the event that the retail customer terminates

14  service with the electricity provider prior to the end of

15  the year or the annualized period, any remaining credits

16  in the customer's account shall expire.

17  (d-5) An electricity provider shall measure and charge or

18 credit for the net electricity supplied to eligible customers

19 or provided by eligible customers whose electric service has

20 not been declared competitive pursuant to Section 16-113 of

21 this Act as of July 1, 2011 and whose electric delivery service

22 is provided and measured on a kilowatt-hour basis and electric

23 supply service is provided based on hourly pricing or

24 time-of-use rates in the following manner:

25  (1) If the amount of electricity used by the customer

26  during any hourly period or time-of-use period exceeds the
    SB3273 Enrolled  - 39 - LRB104 18411 AAS 31853 b

1   amount of electricity produced by the customer, the

2   electricity provider shall charge the customer for the net

3   electricity supplied to and used by the customer according

4   to the terms of the contract or tariff to which the same

5   customer would be assigned to or be eligible for if the

6   customer was not a net metering customer.

7   (2) If the amount of electricity produced by a

8   customer during any hourly period or time-of-use period

9   exceeds the amount of electricity used by the customer

10  during that hourly period or time-of-use period, the

11  energy provider shall apply a credit for the net

12  kilowatt-hours produced in such period. The credit shall

13  consist of an energy credit and a delivery service credit.

14  The energy credit shall be valued at the same price per

15  kilowatt-hour as the electric service provider would

16  charge for kilowatt-hour energy sales during that same

17  hourly period or time-of-use period. The delivery credit

18  shall be equal to the net kilowatt-hours produced in such

19  hourly period or time-of-use period times a credit that

20  reflects all kilowatt-hour based charges in the customer's

21  electric service rate, excluding energy charges.

22  (e) An electricity provider shall measure and charge or

23 credit for the net electricity supplied to eligible customers

24 whose electric service has not been declared competitive

25 pursuant to Section 16-113 of this Act as of July 1, 2011 and

26 whose electric delivery service is provided and measured on a
    SB3273 Enrolled  - 40 - LRB104 18411 AAS 31853 b

1 kilowatt demand basis and electric supply service is not

2 provided based on hourly pricing in the following manner:

3   (1) If the amount of electricity used by the customer

4   during the billing period exceeds the amount of

5   electricity produced by the customer, then the electricity

6   provider shall charge the customer for the net electricity

7   supplied to and used by the customer as provided in

8   subsection (e-5) of this Section. The customer shall

9   remain responsible for all taxes, fees, and utility

10  delivery charges that would otherwise be applicable to the

11  net amount of electricity used by the customer.

12  (2) If the amount of electricity produced by a

13  customer during the billing period exceeds the amount of

14  electricity used by the customer during that billing

15  period, then the electricity provider supplying that

16  customer shall apply a 1:1 kilowatt-hour credit that

17  reflects the kilowatt-hour based charges in the customer's

18  electric service rate to a subsequent bill for service to

19  the customer for the net electricity supplied to the

20  electricity provider. The electricity provider shall

21  continue to carry over any excess kilowatt-hour credits

22  earned and apply those credits to subsequent billing

23  periods to offset any customer-generator consumption in

24  those billing periods until all credits are used or until

25  the end of the annualized period.

26  (3) At the end of the year or annualized over the
   SB3273 Enrolled  - 41 - LRB104 18411 AAS 31853 b

1  period that service is supplied by means of net metering,

2  or in the event that the retail customer terminates

3  service with the electricity provider prior to the end of

4  the year or the annualized period, any remaining credits

5  in the customer's account shall expire.

6  (e-5) An electricity provider shall provide electric

7 service to eligible customers who utilize net metering at

8 non-discriminatory rates that are identical, with respect to

9 rate structure, retail rate components, and any monthly

10 charges, to the rates that the customer would be charged if not

11 a net metering customer. An electricity provider shall not

12 charge net metering customers any fee or charge or require

13 additional equipment, insurance, or any other requirements not

14 specifically authorized by interconnection standards

15 authorized by the Commission, unless the fee, charge, or other

16 requirement would apply to other similarly situated customers

17 who are not net metering customers. The customer will remain

18 responsible for all taxes, fees, and utility delivery charges

19 that would otherwise be applicable to the net amount of

20 electricity used by the customer. Subsections (c) through (e)

21 of this Section shall not be construed to prevent an

22 arms-length agreement between an electricity provider and an

23 eligible customer that sets forth different prices, terms, and

24 conditions for the provision of net metering service,

25 including, but not limited to, the provision of the

26 appropriate metering equipment for non-residential customers.
    SB3273 Enrolled  - 42 - LRB104 18411 AAS 31853 b

1   (f) Notwithstanding the requirements of subsections (c)

2 through (e-5) of this Section, an electricity provider must

3 require dual-channel metering for customers operating eligible

4 renewable electrical generating facilities to whom the

5 provisions of neither subsection (d), (d-5), nor (e) of this

6 Section apply. In such cases, electricity charges and credits

7 shall be determined as follows:

8   (1) The electricity provider shall assess and the

9   customer remains responsible for all taxes, fees, and

10  utility delivery charges that would otherwise be

11  applicable to the gross amount of kilowatt-hours supplied

12  to the eligible customer by the electricity provider.

13  (2) Each month that service is supplied by means of

14  dual-channel metering, the electricity provider shall

15  compensate the eligible customer for any excess

16  kilowatt-hour credits at the electricity provider's

17  avoided cost of electricity supply over the monthly period

18  or as otherwise specified by the terms of a power-purchase

19  agreement negotiated between the customer and electricity

20  provider.

21  (3) For all eligible net metering customers taking

22  service from an electricity provider under contracts or

23  tariffs employing hourly or time-of-use rates, any monthly

24  consumption of electricity shall be calculated according

25  to the terms of the contract or tariff to which the same

26  customer would be assigned to or be eligible for if the
    SB3273 Enrolled      - 43 - LRB104 18411 AAS 31853 b

1   customer was not a net metering customer. When those same

2   customer-generators are net generators during any discrete

3   hourly or time-of-use period, the net kilowatt-hours

4   produced shall be valued at the same price per

5   kilowatt-hour as the electric service provider would

6   charge for retail kilowatt-hour sales during that same

7   time-of-use period.

8   (g) For purposes of federal and State laws providing

9 renewable energy credits or greenhouse gas credits, the

10 eligible customer shall be treated as owning and having title

11 to the renewable energy attributes, renewable energy credits,

12 and greenhouse gas emission credits related to any electricity

13 produced by the qualified generating unit. The electricity

14 provider may not condition participation in a net metering

15 program on the signing over of a customer's renewable energy

16 credits; provided, however, this subsection (g) shall not be

17 construed to prevent an arms-length agreement between an

18 electricity provider and an eligible customer that sets forth

19 the ownership or title of the credits.

20  (h) Within 120 days after the effective date of this

21 amendatory Act of the 95th General Assembly, the Commission

22 shall establish standards for net metering and, if the

23 Commission has not already acted on its own initiative,

24 standards for the interconnection of eligible renewable

25 generating equipment to the utility system. The

26 interconnection standards shall address any procedural
    SB3273 Enrolled  - 44 - LRB104 18411 AAS 31853 b

1 barriers, delays, and administrative costs associated with the

2 interconnection of customer-generation while ensuring the

3 safety and reliability of the units and the electric utility

4 system. The Commission shall consider the Institute of

5 Electrical and Electronics Engineers (IEEE) Standard 1547 and

6 the issues of (i) reasonable and fair fees and costs, (ii)

7 clear timelines for major milestones in the interconnection

8 process, (iii) nondiscriminatory terms of agreement, and (iv)

9 any best practices for interconnection of distributed

10 generation.

11  (h-7) After an electric distribution company determines

12 that an interconnection request from an applicant for a public

13 school project has been completed, the electric distribution

14 company must immediately begin all evaluations, reviews, and

15 screenings of the interconnection request. Projects pending in

16 the interconnection queue on the same feeder and substation as

17 an interconnection request for a public school project shall

18 be paused until the public school project has received a fully

19 executed interconnection agreement, regardless of queue

20 position assignments under 83 Ill. Adm. Code 466, to ensure

21 that available feeder and substation capacity is reserved for

22 the public school project. If the electric distribution

23 company determines that there is no requirement for the

24 construction of facilities by the electric distribution

25 company on its own system, the electric distribution company

26 shall provide the applicant with an interconnection agreement,
    SB3273 Enrolled              - 45 - LRB104 18411 AAS 31853 b

1 as provided under 83 Ill. Adm. Code 466. If the electric

2 distribution company determines that the public school project

3 has a nameplate capacity that is less than 500 kilowatts (kW)

4 with no colocated distribution resources and determines that

5 no system modifications are required, the electric

6 distribution company must complete all required

7 interconnection-related evaluations, reviews, and screenings

8 within 30 days after making such a determination and issue an

9 interconnection agreement as soon as possible after the

10 evaluations, reviews, and screenings are completed. If the

11 electric distribution company determines that only minor

12 system modifications are required, the electric distribution

13 company shall provide the applicant with an interconnection

14 agreement within 60 days after the applicant elects to

15 continue the application and pays any necessary fees or costs

16 required under 83 Ill. Adm. Code 466. If the electric

17 distribution company determines that more than minor

18 modifications are required, the electric distribution company

19 shall provide the applicant with an interconnection agreement

20 within 90 days after the applicant elects to continue the

21 application and pays any necessary fees or costs required

22 under 83 Ill. Adm. Code 466.

23  For all net metering credits earned on a monthly basis or

24 other credits owed to a customer who has elected to install a

25 distributed renewable generation project on public school

26 land, all credits intended for the benefit of the consumer
    SB3273 Enrolled            - 46 - LRB104 18411 AAS 31853 b

1 must be credited by the public utility or retail energy

2 supplier within 90 days after the public utility or retail

3 energy supplier determines that the criteria for the credit

4 have been met.

5   As soon as practicable after the effective date of this

6 amendatory Act of the 104th General Assembly, the Commission

7 shall adopt revisions to its standards for the interconnection

8 of eligible renewable generating equipment and net metering

9 credit rules to conform with the requirements of this

10 amendatory Act of the 104th General Assembly.

11  As used in this subsection:

12  "Electric distribution company" means any electric utility

13 subject to the jurisdiction of the Commission serving more

14 than 100,000 customers in this State.

15  "Public schools" has the meaning set forth in Section 1-3

16 of the School Code and includes public institutions of higher

17 education, as defined in the Board of Higher Education Act.

18  "Public school project" means a renewable electrical

19 generating facility that is located on the premises of a

20 public school on the customer's side of the billing meter, is

21 intended primarily to offset the customer's current or future

22 electrical requirements, and is eligible only for renewable

23 energy credits apportioned to distributed renewable generation

24 devices installed on public school land under subparagraph

25 (iv) of paragraph (K) of subsection (c) of Section 1-75 of the

26 Illinois Power Agency Act.
    SB3273 Enrolled  - 47 - LRB104 18411 AAS 31853 b

1   (i) All electricity providers shall begin to offer net

2 metering no later than April 1, 2008.

3   (j) An electricity provider shall provide net metering to

4 eligible customers according to subsections (d), (d-5), and

5 (e). Eligible renewable electrical generating facilities for

6 which eligible customers registered for net metering before

7 January 1, 2025 shall continue to receive net metering

8 services according to subsections (d), (d-5), and (e) of this

9 Section for the lifetime of the system, regardless of whether

10 those retail customers change electricity providers or whether

11 the retail customer benefiting from the system changes. On and

12 after January 1, 2025, any eligible customer that applies for

13 net metering and previously would have qualified under

14 subsections (d), (d-5), or (e) shall only be eligible for net

15 metering as described in subsection (n).

16  (k) Each electricity provider shall maintain records and

17 report annually to the Commission the total number of net

18 metering customers served by the provider, as well as the

19 type, capacity, and energy sources of the generating systems

20 used by the net metering customers. Nothing in this Section

21 shall limit the ability of an electricity provider to request

22 the redaction of information deemed by the Commission to be

23 confidential business information.

24  (l)(1) Notwithstanding the definition of "eligible

25 customer" in item (ii) of subsection (b) of this Section, each

26 electricity provider shall allow net metering as set forth in
    SB3273 Enrolled  - 48 - LRB104 18411 AAS 31853 b

1 this subsection (l) and for the following projects, provided

2 that only electric utilities serving more than 200,000

3 customers as of January 1, 2021 shall provide net metering for

4 projects that are eligible for subparagraph (C) of this

5 paragraph (1) and have energized after the effective date of

6 this amendatory Act of the 102nd General Assembly:

7   (A) properties owned or leased by multiple customers

8   that contribute to the operation of an eligible renewable

9   electrical generating facility through an ownership or

10  leasehold interest of at least 200 watts in such facility,

11  such as a community-owned wind project, a community-owned

12  biomass project, a community-owned solar project, or a

13  community methane digester processing livestock waste from

14  multiple sources, provided that the facility is also

15  located within the utility's service territory;

16  (B) individual units, apartments, or properties

17  located in a single building that are owned or leased by

18  multiple customers and collectively served by a common

19  eligible renewable electrical generating facility, such as

20  an office or apartment building, a shopping center or

21  strip mall served by photovoltaic panels on the roof; and

22  (C) subscriptions to community renewable generation

23  projects, including community renewable generation

24  projects on the customer's side of the billing meter of a

25  host facility and partially used for the customer's own

26  load.
    SB3273 Enrolled  - 49 - LRB104 18411 AAS 31853 b

1   In addition, the nameplate capacity of the eligible

2 renewable electric generating facility that serves the demand

3 of the properties, units, or apartments identified in

4 paragraphs (1) and (2) of this subsection (l) shall not exceed

5 5,000 kilowatts in nameplate capacity in total. Any eligible

6 renewable electrical generating facility or community

7 renewable generation project that is powered by photovoltaic

8 electric energy and installed after the effective date of this

9 amendatory Act of the 99th General Assembly must be installed

10 by a qualified person in compliance with the requirements of

11 Section 16-128A of the Public Utilities Act and any rules or

12 regulations adopted thereunder.

13  (2) Notwithstanding anything to the contrary, an

14 electricity provider shall provide credits for the electricity

15 produced by the projects described in paragraph (1) of this

16 subsection (l). The electricity provider shall provide credits

17 that include at least energy supply, capacity, transmission,

18 and, if applicable, the purchased energy adjustment on the

19 subscriber's monthly bill equal to the subscriber's share of

20 the production of electricity from the project, as determined

21 by paragraph (3) of this subsection (l). For customers with

22 transmission or capacity charges not charged on a

23 kilowatt-hour basis, the electricity provider shall prepare a

24 reasonable approximation of the kilowatt-hour equivalent value

25 and provide that value as a monetary credit. The electricity

26 provider shall submit these approximation methodologies to the
   SB3273 Enrolled  - 50 - LRB104 18411 AAS 31853 b

1 Commission for review, modification, and approval.

2 Notwithstanding anything to the contrary, customers on payment

3 plans or participating in budget billing programs shall have

4 credits applied on a monthly basis.

5  (3) Notwithstanding anything to the contrary and

6 regardless of whether a subscriber to an eligible community

7 renewable generation project receives power and energy service

8 from the electric utility or an alternative retail electric

9 supplier, for projects eligible under paragraph (C) of

10 subparagraph (1) of this subsection (l), electric utilities

11 serving more than 200,000 customers as of January 1, 2021

12 shall provide the monetary credits to a subscriber's

13 subsequent bill for the electricity produced by community

14 renewable generation projects. The electric utility shall

15 provide monetary credits to a subscriber's subsequent bill at

16 the utility's total price to compare equal to the subscriber's

17 share of the production of electricity from the project, as

18 determined by paragraph (5) of this subsection (l). For the

19 purposes of this subsection, "total price to compare" means

20 the rate or rates published by the Illinois Commerce

21 Commission for energy supply for eligible customers receiving

22 supply service from the electric utility, and shall include

23 energy, capacity, transmission, and the purchased energy

24 adjustment. Notwithstanding anything to the contrary,

25 customers on payment plans or participating in budget billing

26 programs shall have credits applied on a monthly basis. Any
    SB3273 Enrolled  - 51 - LRB104 18411 AAS 31853 b

1 applicable credit or reduction in load obligation from the

2 production of the community renewable generating projects

3 receiving a credit under this subsection shall be credited to

4 the electric utility to offset the cost of providing the

5 credit. To the extent that the credit or load obligation

6 reduction does not completely offset the cost of providing the

7 credit to subscribers of community renewable generation

8 projects as described in this subsection, the electric utility

9 may recover the remaining costs through its Multi-Year Rate

10 Plan. All electric utilities serving 200,000 or fewer

11 customers as of January 1, 2021 shall only provide the

12 monetary credits to a subscriber's subsequent bill for the

13 electricity produced by community renewable generation

14 projects if the subscriber receives power and energy service

15 from the electric utility. Alternative retail electric

16 suppliers providing power and energy service to a subscriber

17 located within the service territory of an electric utility

18 not subject to Sections 16-108.18 and 16-118 shall provide the

19 monetary credits to the subscriber's subsequent bill for the

20 electricity produced by community renewable generation

21 projects.

22  (4) If requested by the owner or operator of a community

23 renewable generating project, an electric utility serving more

24 than 200,000 customers as of January 1, 2021 shall enter into a

25 net crediting agreement with the owner or operator to include

26 a subscriber's subscription fee on the subscriber's monthly
    SB3273 Enrolled    - 52 - LRB104 18411 AAS 31853 b

1 electric bill and provide the subscriber with a net credit

2 equivalent to the total bill credit value for that generation

3 period minus the subscription fee, provided the subscription

4 fee is structured as a fixed percentage of bill credit value.

5 The net crediting agreement shall set forth payment terms from

6 the electric utility to the owner or operator of the community

7 renewable generating project, and the electric utility may

8 charge a net crediting fee to the owner or operator of a

9 community renewable generating project that may not exceed 1%

10 of the subscription fee. Notwithstanding anything to the

11 contrary, an electric utility serving 200,000 customers or

12 fewer as of January 1, 2021 shall not be obligated to enter

13 into a net crediting agreement with the owner or operator of a

14 community renewable generating project. An electric utility

15 shall use the same net crediting format for subscribers on

16 payment plans and subscribers participating in budget billing

17 programs. For the purposes of this paragraph (4), "net

18 crediting" means a program offered by an electric utility

19 under which the electric utility, upon authorization by or on

20 behalf of a subscriber, remits the cash value of the

21 subscription fee to the owner or operator of the community

22 renewable generation facility without regard to whether the

23 subscriber has paid the subscriber's monthly electric bill and

24 places the cash value of the remaining bill credit on the

25 subscriber's bill.

26  (5) For the purposes of facilitating net metering, the
    SB3273 Enrolled  - 53 - LRB104 18411 AAS 31853 b

1 owner or operator of the eligible renewable electrical

2 generating facility or community renewable generation project

3 shall be responsible for determining the amount of the credit

4 that each customer or subscriber participating in a project

5 under this subsection (l) is to receive in the following

6 manner:

7          (A) The owner or operator shall, on a monthly basis,

8   provide to the electric utility the kilowatthours of

9   generation attributable to each of the utility's retail

10  customers and subscribers participating in projects under

11  this subsection (l) in accordance with the customer's or

12  subscriber's share of the eligible renewable electric

13  generating facility's or community renewable generation

14  project's output of power and energy for such month. The

15  owner or operator shall electronically transmit such

16  calculations and associated documentation to the electric

17  utility, in a format or method set forth in the applicable

18  tariff, on a monthly basis so that the electric utility

19  can reflect the monetary credits on customers' and

20  subscribers' electric utility bills. The electric utility

21  shall be permitted to revise its tariffs to implement the

22  provisions of this amendatory Act of the 102nd General

23  Assembly. The owner or operator shall separately provide

24  the electric utility with the documentation detailing the

25  calculations supporting the credit in the manner set forth

26  in the applicable tariff.
    SB3273 Enrolled     - 54 - LRB104 18411 AAS 31853 b

1   (B) For those participating customers and subscribers

2   who receive their energy supply from an alternative retail

3   electric supplier, the electric utility shall remit to the

4   applicable alternative retail electric supplier the

5   information provided under subparagraph (A) of this

6   paragraph (3) for such customers and subscribers in a

7   manner set forth in such alternative retail electric

8   supplier's net metering program, or as otherwise agreed

9   between the utility and the alternative retail electric

10  supplier. The alternative retail electric supplier shall

11  then submit to the utility the amount of the charges for

12  power and energy to be applied to such customers and

13  subscribers, including the amount of the credit associated

14  with net metering.

15  (C) A participating customer or subscriber may provide

16  authorization as required by applicable law that directs

17  the electric utility to submit information to the owner or

18  operator of the eligible renewable electrical generating

19  facility or community renewable generation project to

20  which the customer or subscriber has an ownership or

21  leasehold interest or a subscription. Such information

22  shall be limited to the components of the net metering

23  credit calculated under this subsection (l), including the

24  bill credit rate, total kilowatthours, and total monetary

25  credit value applied to the customer's or subscriber's

26  bill for the monthly billing period.
    SB3273 Enrolled  - 55 - LRB104 18411 AAS 31853 b

1   (l-5) Within 90 days after the effective date of this

2 amendatory Act of the 102nd General Assembly, each electric

3 utility subject to this Section shall file a tariff or tariffs

4 to implement the provisions of subsection (l) of this Section,

5 which shall, consistent with the provisions of subsection (l),

6 describe the terms and conditions under which owners or

7 operators of qualifying properties, units, or apartments may

8 participate in net metering. The Commission shall approve, or

9 approve with modification, the tariff within 120 days after

10 the effective date of this amendatory Act of the 102nd General

11 Assembly.

12  (l-10) Within 30 days after the effective date of this

13 amendatory Act of the 104th General Assembly, each electricity

14 provider shall modify its tariffs to allow net metering as set

15 forth in this subsection for an energy storage system or

16 vehicle storage system energized after the effective date of

17 this amendatory Act of the 104th General Assembly with a

18 nameplate capacity of not more than 5,000 kilowatts. If the

19 Commission chooses to suspend the modified tariffs, the

20 Commission shall issue a final order approving, or approving

21 with modification, the modified tariffs no later than 90 days

22 after the Commission initiates the docket.

23  An energy storage system or vehicle storage system

24 eligible for net metering under this subsection may be

25 interconnected behind the meter of a retail customer or at the

26 distribution system level of an electric utility as follows:
    SB3273 Enrolled  - 56 - LRB104 18411 AAS 31853 b

1   (A) if the energy storage system or vehicle storage

2   system is interconnected behind the meter of a retail

3   customer, in order to receive net metering under this

4   subsection, the eligible customer behind whose meter the

5   energy storage system is interconnected must receive

6   service from an electricity provider under an hourly

7   supply tariff, a time-of-use supply tariff, or a

8   time-of-use contract with an alternative retail electric

9   supplier; or

10  (B) if the energy storage system or vehicle storage

11  system is interconnected at the distribution system level

12  of an electric utility and not behind the meter of a retail

13  customer, the energy storage system or vehicle storage

14  system must receive service from an electricity provider

15  as a retail customer under an hourly supply tariff

16  authorized by Section 16-107, a supply tariff or contract

17  on substantially similar terms and conditions with an

18  alternative retail electric supplier, a time-of-use supply

19  tariff, or a time-of-use supply contract with an

20  alternative retail electric supplier.

21  If the energy storage system or vehicle storage system is

22 interconnected behind the meter of an eligible customer, the

23 eligible customer shall receive net metering based on hourly

24 or time-of-use rates in accordance with the terms of

25 subsection (d-5) or (f) or paragraph (2) of subsection (n) of

26 this Section, as applicable to the eligible customer. If the
    SB3273 Enrolled  - 57 - LRB104 18411 AAS 31853 b

1 energy storage system or vehicle storage system is

2 interconnected at the distribution system level of an electric

3 utility and not behind the meter of a retail customer, then the

4 energy storage system or vehicle storage system shall receive

5 net metering pursuant to the terms of subsection (f) of this

6 Section.

7   (m) Nothing in this Section shall affect the right of an

8 electricity provider to continue to provide, or the right of a

9 retail customer to continue to receive service pursuant to a

10 contract for electric service between the electricity provider

11 and the retail customer in accordance with the prices, terms,

12 and conditions provided for in that contract. Either the

13 electricity provider or the customer may require compliance

14 with the prices, terms, and conditions of the contract.

15  (n) On and after January 1, 2025, the net metering

16 services described in subsections (d), (d-5), and (e) of this

17 Section shall no longer be offered, except as to those

18 eligible renewable electrical generating facilities for which

19 retail customers are receiving net metering service under

20 these subsections at the time the net metering services under

21 those subsections are no longer offered; those systems shall

22 continue to receive net metering services described in

23 subsections (d), (d-5), and (e) of this Section for the

24 lifetime of the system, regardless of if those retail

25 customers change electricity providers or whether the retail

26 customer benefiting from the system changes. The electric
    SB3273 Enrolled    - 58 - LRB104 18411 AAS 31853 b

1 utility serving more than 200,000 customers as of January 1,

2 2021 is responsible for ensuring the billing credits continue

3 without lapse for the lifetime of systems, as required in

4 subsection (o). Those retail customers that begin taking net

5 metering service after the date that net metering services are

6 no longer offered under such subsections shall be subject to

7 the provisions set forth in the following paragraphs (1)

8 through (3) of this subsection (n):

9   (1) An electricity provider shall charge or credit for

10  the net electricity supplied to eligible customers or

11  provided by eligible customers whose electric supply

12  service is not provided based on hourly pricing in the

13  following manner:

14  (A) If the amount of electricity used by the

15  customer during the monthly billing period exceeds the

16  amount of electricity produced by the customer, then

17  the electricity provider shall charge the customer for

18  the net kilowatt-hour based electricity charges

19  reflected in the customer's electric service rate

20  supplied to and used by the customer as provided in

21  paragraph (3) of this subsection (n).

22  (B) If the amount of electricity produced by a

23  customer during the monthly billing period exceeds the

24  amount of electricity used by the customer during that

25  billing period, then the electricity provider

26  supplying that customer shall apply a 1:1
    SB3273 Enrolled  - 59 - LRB104 18411 AAS 31853 b

1   kilowatt-hour energy or monetary credit kilowatt-hour

2   supply charges to the customer's subsequent bill. The

3   customer shall choose between 1:1 kilowatt-hour or

4   monetary credit at the time of application. For the

5   purposes of this subsection, "kilowatt-hour supply

6   charges" means the kilowatt-hour equivalent values for

7   energy, capacity, transmission, and the purchased

8   energy adjustment, if applicable. Notwithstanding

9   anything to the contrary, customers on payment plans

10  or participating in budget billing programs shall have

11  credits applied on a monthly basis. The electricity

12  provider shall continue to carry over any excess

13  kilowatt-hour or monetary energy credits earned and

14  apply those credits to subsequent billing periods. For

15  customers with transmission or capacity charges not

16  charged on a kilowatt-hour basis, the electricity

17  provider shall prepare a reasonable approximation of

18  the kilowatt-hour equivalent value and provide that

19  value as a monetary credit. The electricity provider

20  shall submit these approximation methodologies to the

21  Commission for review, modification, and approval.

22  (C) (Blank).

23  (2) An electricity provider shall charge or credit for

24  the net electricity supplied to eligible customers or

25  provided by eligible customers whose electric supply

26  service is provided based on hourly pricing in the
    SB3273 Enrolled    - 60 - LRB104 18411 AAS 31853 b

1   following manner:

2   (A) If the amount of electricity used by the

3   customer during any hourly period exceeds the amount

4   of electricity produced by the customer, then the

5   electricity provider shall charge the customer for the

6   net electricity supplied to and used by the customer

7   as provided in paragraph (3) of this subsection (n).

8   (B) If the amount of electricity produced by a

9   customer during any hourly period exceeds the amount

10  of electricity used by the customer during that hourly

11  period, the energy provider shall calculate an energy

12  credit for the net kilowatt-hours produced in such

13  period, and shall apply that credit as a monetary

14  credit to the customer's subsequent bill. The value of

15  the energy credit shall be calculated using the same

16  price per kilowatt-hour as the electric service

17  provider would charge for kilowatt-hour energy sales

18  during that same hourly period and shall also include

19  values for capacity and transmission. For customers

20  with transmission or capacity charges not charged on a

21  kilowatt-hour basis, the electricity provider shall

22  prepare a reasonable approximation of the

23  kilowatt-hour equivalent value and provide that value

24  as a monetary credit. The electricity provider shall

25  submit these approximation methodologies to the

26  Commission for review, modification, and approval.
    SB3273 Enrolled  - 61 - LRB104 18411 AAS 31853 b

1   Notwithstanding anything to the contrary, customers on

2   payment plans or participating in budget billing

3   programs shall have credits applied on a monthly

4   basis.

5   (3) An electricity provider shall provide electric

6   service to eligible customers who utilize net metering at

7   non-discriminatory rates that are identical, with respect

8   to rate structure, retail rate components, and any monthly

9   charges, to the rates that the customer would be charged

10  if not a net metering customer. An electricity provider

11  shall charge the customer for the net electricity supplied

12  to and used by the customer according to the terms of the

13  contract or tariff to which the same customer would be

14  assigned or be eligible for if the customer was not a net

15  metering customer. An electricity provider shall not

16  charge net metering customers any fee or charge or require

17  additional equipment, insurance, or any other requirements

18  not specifically authorized by interconnection standards

19  authorized by the Commission, unless the fee, charge, or

20  other requirement would apply to other similarly situated

21  customers who are not net metering customers. The customer

22  remains responsible for the gross amount of delivery

23  services charges, supply-related charges that are kilowatt

24  based, and all taxes and fees related to such charges. The

25  customer also remains responsible for all taxes and fees

26  that would otherwise be applicable to the net amount of
    SB3273 Enrolled  - 62 - LRB104 18411 AAS 31853 b

1   electricity used by the customer. Paragraphs (1) and (2)

2   of this subsection (n) shall not be construed to prevent

3   an arms-length agreement between an electricity provider

4   and an eligible customer that sets forth different prices,

5   terms, and conditions for the provision of net metering

6   service, including, but not limited to, the provision of

7   the appropriate metering equipment for non-residential

8   customers. Nothing in this paragraph (3) shall be

9   interpreted to mandate that a utility that is only

10  required to provide delivery services to a given customer

11  must also sell electricity to such customer.

12  (o) Within 90 days after the effective date of this

13 amendatory Act of the 102nd General Assembly, each electric

14 utility subject to this Section shall file a tariff, which

15 shall, consistent with the provisions of this Section, propose

16 the terms and conditions under which a customer may

17 participate in net metering. The tariff for electric utilities

18 serving more than 200,000 customers as of January 1, 2021

19 shall also provide a streamlined and transparent bill

20 crediting system for net metering to be managed by the

21 electric utilities. The terms and conditions shall include,

22 but are not limited to, that an electric utility shall manage

23 and maintain billing of net metering credits and charges

24 regardless of if the eligible customer takes net metering

25 under an electric utility or alternative retail electric

26 supplier. The electric utility serving more than 200,000
SB3273 Enrolled  - 63 - LRB104 18411 AAS 31853 b

 1 customers as of January 1, 2021 shall process and approve all
 2 net metering applications, even if an eligible customer is
 3 served by an alternative retail electric supplier; and the
 4 utility shall forward application approval to the appropriate
 5 alternative retail electric supplier. Eligibility for net
 6 metering shall remain with the owner of the utility billing
 7 address such that, if an eligible renewable electrical
 8 generating facility changes ownership, the net metering
 9 eligibility transfers to the new owner. The electric utility
10 serving more than 200,000 customers as of January 1, 2021
11 shall manage net metering billing for eligible customers to
12 ensure full crediting occurs on electricity bills, including,
13 but not limited to, ensuring net metering crediting begins
14 upon commercial operation date, net metering billing transfers
15 immediately if an eligible customer switches from an electric
16 utility to alternative retail electric supplier or vice versa,
17 and net metering billing transfers between ownership of a
18 valid billing address. All transfers referenced in the
19 preceding sentence shall include transfer of all banked
20 credits. All electric utilities serving 200,000 or fewer
21 customers as of January 1, 2021 shall manage net metering
22 billing for eligible customers receiving power and energy
23 service from the electric utility to ensure full crediting
24 occurs on electricity bills, ensuring net metering crediting
25 begins upon commercial operation date, net metering billing
26 transfers immediately if an eligible customer switches from an
    SB3273 Enrolled           - 64 - LRB104 18411 AAS 31853 b

 1 electric utility to alternative retail electric supplier or
 2 vice versa, and net metering billing transfers between
 3 ownership of a valid billing address. Alternative retail
 4 electric suppliers providing power and energy service to
 5 eligible customers located within the service territory of an
 6 electric utility serving 200,000 or fewer customers as of
 7 January 1, 2021 shall manage net metering billing for eligible
 8 customers to ensure full crediting occurs on electricity
 9 bills, including, but not limited to, ensuring net metering
10 crediting begins upon commercial operation date, net metering
11 billing transfers immediately if an eligible customer switches
12 from an electric utility to alternative retail electric
13 supplier or vice versa, and net metering billing transfers
14 between ownership of a valid billing address.
15 (Source: P.A. 104-458, eff. 6-1-26.)

16  (220 ILCS 5/17-1000 new)

17  Sec. 17-1000. Interconnection application fees for public

18 schools. A municipal system or electric cooperative shall not

19 charge an application fee to a public school for the

20 interconnection of renewable generating facilities located on

21 the public school's land to the local distribution system that

22 exceeds more than 150% of the cost authorized by law or by rule

23 to be recovered from customers by public utilities for the

24 same or similarly sized facilities with the same or similar

25 electric configurations to the local distribution system. An
    SB3273 Enrolled  - 65 - LRB104 18411 AAS 31853 b

1 interconnection application fee shall be in addition to
2 inspection fees or costs, municipal building permit fees, and
3 other normal fees charged by municipalities for governmental
4 considerations related to non-electric utilities. The limit on
5 an interconnection application fee under this Section does not
6 apply to any required reimbursement by a public school of the
7 cost of any reasonably required metering equipment, system
8 impact studies, or system upgrades, which shall be limited to
9 actual costs reasonably incurred.

10  Section 95. No acceleration or delay. Where this Act makes

11 changes in a statute that is represented in this Act by text

12 that is not yet or no longer in effect (for example, a Section

13 represented by multiple versions), the use of that text does

14 not accelerate or delay the taking effect of (i) the changes

15 made by this Act or (ii) provisions derived from any other

16 Public Act.

17  Section 99. Effective date. This Act takes effect upon

18 becoming law.