2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 5/ - Public Utilities Act. › Article XVII - Electric Cooperatives And Municipal Systems

(220 ILCS 5/Art. XVII heading)
ARTICLE XVII.  
		ELECTRIC COOPERATIVES
AND MUNICIPAL SYSTEMS
(220 ILCS 5/17-100)
Sec. 17-100. 
		
		Exemption from provisions of this
amendatory Act of 1997.  Electric cooperatives, as defined in
Section 3.4 of the Electric Supplier Act, and public utilities
that are owned and operated by any political subdivision, or
municipal corporation of this State, or owned by such an
entity and operated by any lessee or any operating agent
thereof, hereinafter referred to as municipal systems, shall
not be subject to the provisions of this amendatory Act of
1997, except as hereinafter provided in this Article XVII.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-200)
Sec. 17-200. 
		
		Election to provide existing or future
customers access to alternative retail electric suppliers.
(a) An electric cooperative or municipal system each may, by
appropriate action and at the sole discretion of the governing
body of each, from time to time make one or more elections to
cause one or more of the existing or future customers of each
respective system to be eligible to take service from an
alternative retail electric supplier for a specified period of
time.  Provided that, and subject to their authority to serve
customers pursuant to the Electric Supplier Act with respect
to electric cooperatives and pursuant to the Illinois Municipal Code
with respect to municipal systems, each shall continue to
provide exclusive distribution facilities for any existing and
future customers that the electric cooperative or municipal system are now or in the future otherwise entitled to serve
and which customers are now or in the future receiving service
provided by an alternative retail electric supplier.
(b) Notification of election to provide existing or
future customers access to alternative retail electric
suppliers.  The election by an electric cooperative or municipal system authorizing access to alternative retail
electric suppliers for existing or future customers shall be
made by filing notice thereof with the Commission and shall be
made effective only by such filing.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-300)
Sec. 17-300. 
		
		Election to be an alternative retail
electric supplier.
(a) An electric cooperative or municipal
system may, by appropriate action, and at the sole discretion
of the governing body of each, make an election to become an
alternative retail electric supplier.
A generation
and
transmission electric cooperative may not, as an alternative retail electric
supplier, serve any present or future retail customers of a distribution
electric cooperative not a member of that generation and transmission electric
cooperative unless at least
30% of the total number of meters of the generation and
transmission electric cooperative's member-cooperatives are eligible to obtain
electric power and energy from an alternative retail electric supplier other
than the generation and transmission electric cooperative or an electric
utility due to member-cooperative elections pursuant to either Section 17-200
or 17-300.
(b) Commission authority over an electric cooperative or
municipal system electing to be an alternative retail electric
supplier.  An electric cooperative or municipal system
electing to be an alternative retail electric supplier shall
provide those services in accordance with Sections 16-115A and
16-115B of this Act,  to the extent that these Sections have application to the
services being
offered by the electric cooperative or municipal system as an
alternative retail electric supplier.  In no case shall these
provisions apply to the existing or future customers taking
delivery services from an electric cooperative or municipal
system pursuant to their respective authority under the
Electric Supplier Act or the Illinois Municipal Code.
(c) Notification of election to be an alternative retail
electric supplier.  Upon filing notice of intent by an
electric cooperative or a municipal system to become an
alternative retail electric supplier, the Commission
shall
issue within 45 days a certificate of service authority for
the entire State or for a specified geographic area of the
State, as specified in the notice.  Issuance of a certificate
of service authority shall constitute compliance with Section
16-115 of this Act.
(d) Delivery services provided by electric cooperatives
or municipal systems.  Municipal systems or electric
cooperatives making an election under this Section shall be
required to provide delivery services on their respective
systems to the electric utility or utilities in whose service
area or areas the proposed service will be offered.  Such
required delivery services to be provided by the electric cooperatives and
municipal systems shall be reasonably
comparable to the delivery services provided to the electric
cooperative's and municipal system's own customers.
(e) Exclusive authority over distribution facilities.
Provided that, and subject to their authority to serve
customers pursuant to the Electric Supplier Act with respect
to electric cooperatives and pursuant to the Illinois Municipal Code
with respect to municipal systems, each shall continue to
provide the exclusive distribution facilities for any existing
and future customers that the electric cooperative or municipal system is now
or in the future otherwise entitled
to serve, and which customers are now or in the future
receiving service provided by an alternative retail electric
supplier.
(Source: P.A. 90-561, eff. 12-16-97; 90-624, eff. 7-10-98.)
(220 ILCS 5/17-400)
Sec. 17-400. 
		
		Conditions prohibiting municipal system
participation.  At no time shall a municipal system make an
election under Sections 17-200 or 17-300 of this Article if such
election places at risk:
(1) Any status held by the municipal system or
municipal corporation or political subdivision which
provides exemption from State or federal tax statutes; or
(2) Any debt, credit instrument or other contractual
financial obligation held by, or on behalf of the
municipal system which was entered into under an
exemption from State or federal tax statutes.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-500)
Sec. 17-500. 
		Jurisdiction. 
		Except as provided in the
Electric Supplier Act, the Illinois Municipal Code, and this Article XVII,
the Commission, or any other
agency or subdivision thereof of the State of Illinois or any
private entity shall have no jurisdiction over any electric cooperative or
municipal system regardless of whether any
election or elections as provided for herein have been made,
and all control regarding an electric cooperative or municipal system shall be
vested in the electric cooperative's board of
directors or trustees or the applicable governing body of the
municipal system.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-600)
Sec. 17-600. 
		
		Rights of electric cooperatives and
municipal systems in conflict herewith.  Except as expressly
provided for herein, this Article XVII shall not be construed
to conflict with the rights of an electric cooperative or a municipal system as
declared in the Electric Supplier Act or
as set forth in the Illinois Municipal Code or the public policy
against duplication of facilities as set forth therein.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-700)
Sec. 17-700. 
		Right to create municipal utility unaffected. 
		Nothing in
this amendatory Act of 1997 shall limit the right of a municipality to form a
municipal utility in accordance with Article 11, Division 117 of the Illinois
Municipal Code and the provisions of this Article XVII shall apply to any
municipal utility formed after the effective date of this amendatory Act of
1997.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-800)
Sec. 17-800. (Repealed).
(Source: P.A. 95-311, eff. 1-1-08. Repealed by P.A. 96-176, eff. 1-1-10.)
(220 ILCS 5/17-900)
Sec. 17-900. Customer self-generation of electricity.
(a)  The General Assembly finds and declares that municipal systems and electric cooperatives shall continue to be governed by their respective governing bodies, but that such governing bodies should recognize and implement policies to provide the opportunity for their residential and small commercial customers who wish to self-generate electricity and for reasonable credits to customers for excess electricity, balanced against the rights of the other non-self-generating customers.  This includes creating consistent, fair policies that are accessible to all customers and transparent, fair processes for raising and addressing any concerns.
(b) Customers have the right to install renewable generating facilities to be located on the customer's
premises or customer's side of the billing meter and that are intended primarily to offset the customer's own electrical requirements and produce, consume, and store their own renewable energy without discriminatory repercussions from an electric cooperative or municipal system. This includes a customer's rights to:
(1) generate, consume, and deliver excess renewable     energy to the distribution grid and reduce his or her use of electricity obtained from the grid;
(2) use technology to store energy at his or her     residence;
(3) interconnect his or her electrical system that     generates renewable energy, stores energy, or any combination thereof, with the electricity meter on the customer's premises that is provided by an electric cooperative or municipal system:
(A) in a timely manner;
(B) in accordance with requirements established         by the electric cooperative or municipal utility to ensure the safety of utility workers; and
(C) after providing written notice to the         electric cooperative or municipal utility system providing service in the service territory, installing a nomenclature plate on the electrical meter panel and meeting all applicable State and local safety and electrical code requirements associated with installing a parallel distributed generation system; and
(4) receive fair credit for excess energy delivered     to the distribution grid.
(c) The policies of municipal systems and electric cooperatives regarding self-generation and credits for excess electricity may reasonably differ from those required of other entities by Article XVI of the Public Utilities Act or other Acts. The credits must recognize the value of self-generation to the distribution grid and benefits to other customers.
(d) Within 180 days after this amendatory Act of the 102nd General Assembly, each electric cooperative and municipal system shall update its policies for the interconnection and fair
crediting of customer self-generation and storage if necessary, to comply with the standards of subsection (b) of this Section. Each electric cooperative and municipal system shall post its updated policies to a public-facing area of its website.
(e) An electric cooperative or municipal system customer who produces, consumes, and stores his or her own renewable energy shall not face discriminatory rate design, fees or charges, treatment, or excessive compliance requirements that would unreasonably affect that customer's right to self-generate electricity as provided for in this Section.
(f) An electric cooperative or municipal utility system customer shall have a right to appeal any decision related to self-generation and storage that violates these rights to self-generation and non-discrimination pursuant to the provisions of this Section through a complaint under the Administrative Review Law or similar legal process.
(Source: P.A. 102-662, eff. 9-15-21.)