Section 469.10  Definitions

 

Terms defined in Section 16-128A of the Public Utilities Act [220 ILCS 5/16-128A] shall have the same meaning for purposes of this Part as they have under Section 16-128A of the Public Utilities Act, unless further defined in this Part. The following terms, when used in this Part, shall have the meaning ascribed to them in this Section.

 

"Act" means the Public Utilities Act [220 ILCS 5].

 

"Applicant" means a person or entity that files an application with the Illinois Commerce Commission (Commission) requesting certification pursuant to Section 16-128A of the Act to install, maintain or repair electric vehicle charging stations.

 

"Best's financial size category" refers to a numerical value that A.M. Best Company or its successor assigns to an insurance company based on the amount of that insurance company's policyholders' surplus and reserve funds.

 

"Best's rating" refers to a rating from A.M. Best Company or its successor that provides an overall opinion of an insurance company's ability to meet its obligations to policyholders.

 

"Certificate holder" or "Commission-certified IMR" means a person or entity that has received certification pursuant to this Part.

 

"Commercial general liability insurance" means insurance that covers suits against the insured for personal injury and property damages.

 

"Commercial purposes" means use by any person of an electric vehicle charging station not located on his or her own premises. 

 

"Directly supervised" means that there is a qualified person on-site available for consultation and review of the installation, maintenance or repair work of electric vehicle charging stations performed by apprentices.

 

"DOL certification of satisfactory completion" means that person has received a nationally recognized and portable Certificate of Completion from a United States Department of Labor (DOL) registered apprenticeship program.

 

"DOL-registered electrician apprenticeship program" means an electrician apprenticeship training program that is certified by the DOL.

 

"Electric utility" means a corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates or manages, within Illinois, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity; or a public utility, as defined in Section 3-105 of the Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area. [220 ILCS 5/3-105 and 16-102]

 

"Electric vehicle" means a battery-powered electric vehicle operated solely by electricity or  a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source. [20 ILCS 627/10]

 

"Electric vehicle charging station" means any facility or equipment that is used to charge a battery or other energy storage device of an electric vehicle. [220 ILCS 5/16-128A(d)]

 

"Entity" means an organization, institution or being that has its own existence for legal or tax purposes and is involved in the business of installing, maintaining or repairing electric vehicle charging stations.

 

"IMR" or "IMRs" means electric vehicle charging station installers, maintainers or repairers.

 

"Install", "installing" or "installation" means the major activities and actions required to connect, in accordance with applicable building and electrical codes, the conductors, connectors and all associated fittings, devices, power outlets or apparatuses mounted at the premises that are directly involved in delivering energy from the premises' electrical wiring to the electric vehicle charging station. 

           

"Maintain", "maintaining" or "maintenance" means the major activities and actions required to keep in an appropriate, safe condition and operation the conductors, connectors and all associated fittings, devices, power outlets or apparatuses mounted at the premises that are directly involved in delivering energy from the premises' electrical wiring to the electric vehicle charging station.

 

"NEC" means the National Electrical Code adopted by the National Fire Protection Association, Inc., of 1 Batterymarch Park, Quincy, MA 02169  (NFPA 70E), effective August 25, 2010.

 

"Premises and operations insurance" coverage pays for bodily injury or property damage that occurs on an entity's premises or as a result of an entity's business operations.

 

"Products and completed operations insurance" coverage pays for bodily injury and property damage that occurs away from an entity's business premises and is caused by the entity's products or completed work.

 

"Qualified person" means a person who performs installation, maintenance or repair of electric vehicle charging stations and who has either satisfactorily completed at least five installations of an electric vehicle charging station or has completed at least one of the following programs requiring lab or field work and received a certification of satisfactory completion:  an apprenticeship as a journeyman electrician from a United States Department of Labor Registered Electrician Apprenticeship and Training Program or an Underwriters Laboratories (UL) electric vehicle charging station installation certification program.

 

"Repair" or "repairing" means the major activities and actions required to restore to a safe, sound condition and operation the conductors, connectors and all associated fittings, devices, power outlets or apparatuses mounted at the premises that are directly involved in delivering energy from the premises' electrical wiring to the electric vehicle charging station.

 

"Retail customer" means

 

a single entity using electric power or energy at a single premises and that  either is receiving or is eligible to receive tariffed services from an electric utility or that is served by a municipal system or electric cooperative; or

 

an entity that, on December 16, 1997, was receiving electric service from a public utility and was engaged in the practice of resale and redistribution of such electricity within a building prior to January 2, 1957, or was providing lighting services to tenants in a multi-occupancy building, but only to the extent such resale, redistribution or lighting service is authorized by the electric utility's tariffs that were on file with the Commission on December 16, 1997. [220 ILCS 5/16-102]. For purposes of this Part, a "retail customer" includes that retail customer's employees, officers, and agents. [220 ILCS 5/16-128A(d)]

 

"Self-installer" means an individual who leases or purchases an electric vehicle charging station for his or her own personal use and installs an electric vehicle charging station on his or her own premises without the assistance of any other person. [220 ILCS 5/16-128A(d)]

 

"Surplus Line Association of Illinois" is an organization of Illinois surplus line producers as defined in Section 445.1 of the Illinois Insurance Code [215 ILCS 5/445.1].

 

Section 469.20  Applicability

 

After January 1, 2014, with the exception of a self-installer, all persons or entities that install, maintain or repair electric vehicle charging stations in the State of Illinois shall be certified by the Commission under this Part prior to installing, maintaining or repairing electric vehicle charging stations in the State of Illinois.

 

Section 469.30  Application Procedures

 

a)         The applicant shall file its application for certification under this Part and provide all information required by this Part.

 

b)         Contents of documents filed by applicants shall be consistent with Subpart B of the Commission's Rules of Practice (83 Ill. Adm. Code 200). 

 

c)         Applications for certification shall be submitted with the applicable fee payment. 

 

d)         Applications for certification under this Part shall be filed with the Chief Clerk of the Commission and shall be verified by a corporate officer pursuant to Section 200.130 of the Commission's Rules of Practice (83 Ill. Adm. Code 200.130).

 

Section 469.40  Required Application Information

 

Applications for certification under this Part shall contain the following information:

 

a)         The applicant's name (including d/b/a, if any), street address, telephone number, facsimile number, website and e-mail address. The applicant shall provide the business name as that name appears on its Illinois Secretary of State's registration, if applicable. The applicant shall provide assumed business names if and only if those names are registered with the Illinois Secretary of State. This information shall be kept current and any change shall be filed with the Chief Clerk of the Commission within 15 days after the change occurs.

 

b)         Contact information including names, addresses, telephone numbers, facsimile numbers and e-mail addresses for persons or entities responsible for issues related to processing the application.

 

c)         Applicant's Federal Employer Identification Number (FEIN) or Taxpayer Identification Number (TIN), as applicable.

 

d)         A certification that the applicant will comply with informational and reporting requirements established under this Part.

 

e)         A statement that the applicant agrees to accept service by electronic means as provided for in Section 200.1050 of the Commission's Rules of Practice (83 Ill. Adm. Code 200.1050).

 

f)         An exhibit (with any confidential personal information such as a Social Security number redacted) containing the following information for each qualified person who will perform or directly supervise installations, maintenance, or repairs to satisfy the requirements of this Part:

 

1)         A copy of the certification of satisfactory completion of the relevant training programs; and/or

 

2)         An affidavit by each qualifying person attesting to having satisfactorily completed at least five installations of electric vehicle charging stations.

 

g)         An applicant shall have in force, and provide proof that it has in force, general liability insurance that shall remain in effect for a period of not less than one year.

 

1)         The applicant shall be deemed to have sufficient commercial general liability insurance, which is comprised of premises and operations insurance and products and complete operations insurance. The commercial general liability insurance shall have a coverage limit of at least $100,000 per occurrence and $300,000 aggregate limits for bodily injury.

 

2)         In addition, the applicant shall have property damage insurance with limits of at least $25,000 or shall have a policy with a single limit for bodily injury and property damage of up to $300,000 per occurrence and $300,000 aggregate limits.

 

3)         The commercial general liability insurance must be maintained with an insurance company whose Best's rating is A- or better and whose Best's financial size category is VII or larger, and whose contract of insurance is issued pursuant to Section 445 or 445a of the Illinois Insurance Code [215 ILCS 5/445 or 445a] and countersigned by the Surplus Line Association of Illinois or its successor.

 

4)         The applicant shall provide a certificate of insurance as part of its application for certification. If the applicant or Commission-certified IMR renews or makes changes in its insurance coverage, the insurance coverage must be continuous and without interruption. The certificate of insurance and the insurance policies shall contain a provision that coverage afforded under the policies shall not be cancelled, allowed to expire, or subjected to a reduction in the limits in any manner unless at least 30 days prior written notice (10 days notice in the case of nonpayment of premium) has been given to the Commission. The IMR shall file a copy of the additional or replacement certificate of insurance with the Chief Clerk of the Commission and provide a copy to the "Policy Division – IMR Insurance Compliance" or its successor at least 15 days in advance of the effective date of the certificate of insurance. The filing shall include a cover letter that explains the purpose of the filing and shall be identified by the name of the IMR as it appears in the most recent Commission order granting the IMR certification.

 

Section 469.50  Certification Requirements

 

An applicant shall be certified if its application satisfies the following requirements.

 

a)         The applicant certifies that it will remain in compliance with all applicable laws and regulations and Commission rules and orders including, but not limited to, the requirements of Sections 16-128(a) and 16-128A of the Act and of this Part.

 

b)         The applicant certifies that it will ensure that its employees, agents or contractors that install, maintain or repair electric vehicle charging stations, or the employees, agents or contractors of any entity, agent or contractor with which it has contracted to perform those functions within the State of Illinois, shall:

 

1)         Comply with applicable building and electrical codes, including those contained in the NEC;

 

2)         Comply with the electric vehicle charging station manufacturer's installation, maintenance and repair instructions;

 

3)         Install only electric vehicle charging stations that meet the standards UL2202 - Electric Vehicle (EV) Charging System Equipment, UL2231-1 - Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: General Requirements, UL2231-2 - Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: Particular Requirements for Protection Devices for Use in Charging System and UL2594 - Electric Vehicle Supply Equipment, developed by the Underwriters Laboratory, 333 Pfingsten Road, Northbrook IL 60062;

 

4)         Ensure that all IMR obligations required under this Part and Sections 16-128(a) and 16-128A of the Act are met prior to the placing into, or returning into, use any electric vehicle charging station that the certificate holder installed, maintained or repaired; and

 

5)         Submit notifications to the servicing electric utility in accordance with the requirements specified in the applicable tariffs of the servicing electric utility, Section 16-128A of the Act, and this Part.

 

c)         The applicant certifies that it will comply with applicable municipal licensing and bonding requirements to do business in the State of Illinois.

 

d)         The applicant certifies that every installation, maintenance and repair of an electric vehicle charging station will be performed only by:

 

1)         a qualified person;

 

2)         a person licensed as an electrical contractor in at least one municipality in the State of Illinois who is not a qualified person, provided he/she is directly supervised by a qualified person; or

 

3)         a person enrolled in a training program that upon satisfactory completion will meet the requirement to become a qualified person, provided he/she is directly supervised by a qualified person.

 

e)         The applicant certifies that it is licensed to do business in the State of Illinois.

 

Section 469.60  Certifications Conditioned Upon Compliance

 

Each certification issued to an applicant is conditioned upon compliance with the provisions of this Part and Sections 16-128(a) and 16-128A of the Act.  Violation of this Part or the Act make the IMR subject to penalties, including certificate suspension, revocation, fines or a combination of sanctions.