Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2478 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2478 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: New Act Creates the Utility Data Access Act. Requires the Illinois Commerce Commission to enact the following procedures: (1) a utility shall retain all consumption data for a period of not less than 2 years; (2) a qualified utility shall retain monthly consumption data used for billing for a period of not less than 15 years; (3) a utility shall honor an account holder's request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder; (4) a qualified data recipient with respect to a qualified building or qualified property may request that a qualified utility provide aggregated usage data for the qualified building or qualified property; (5) a utility shall deliver requested data on a schedule set by the Commission; and (6) the account holder request process and utility delivery of requested data shall be convenient and secure. Establishes requirements for: the Commission's participation in a stakeholder process; the form and timeline in which covered usage data is provided to the data recipient; entry of data into the benchmarking tool; and the provision of covered usage data to recipients upon account holder authorization. Provides that, except in cases where the utility has not followed processes established by the Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under the Act and no cause of action may be initiated against the utility for such subsequent misuse. Provides that prior to filing for cost recovery, a qualified utility must first demonstrate good faith efforts to secure federal, State, or other relevant funding options. Sets forth provisions regarding funding for the Commission to carry out its responsibilities under the Act and the Commission selecting and engaging outside consultants with experience in benchmarking and utility data access. States findings. Defines terms. LRB104 08508 AAS 18560 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2478 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: New Act New Act Creates the Utility Data Access Act. Requires the Illinois Commerce Commission to enact the following procedures: (1) a utility shall retain all consumption data for a period of not less than 2 years; (2) a qualified utility shall retain monthly consumption data used for billing for a period of not less than 15 years; (3) a utility shall honor an account holder's request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder; (4) a qualified data recipient with respect to a qualified building or qualified property may request that a qualified utility provide aggregated usage data for the qualified building or qualified property; (5) a utility shall deliver requested data on a schedule set by the Commission; and (6) the account holder request process and utility delivery of requested data shall be convenient and secure. Establishes requirements for: the Commission's participation in a stakeholder process; the form and timeline in which covered usage data is provided to the data recipient; entry of data into the benchmarking tool; and the provision of covered usage data to recipients upon account holder authorization. Provides that, except in cases where the utility has not followed processes established by the Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under the Act and no cause of action may be initiated against the utility for such subsequent misuse. Provides that prior to filing for cost recovery, a qualified utility must first demonstrate good faith efforts to secure federal, State, or other relevant funding options. Sets forth provisions regarding funding for the Commission to carry out its responsibilities under the Act and the Commission selecting and engaging outside consultants with experience in benchmarking and utility data access. States findings. Defines terms. LRB104 08508 AAS 18560 b LRB104 08508 AAS 18560 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2478 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Utility Data Access Act. Requires the Illinois Commerce Commission to enact the following procedures: (1) a utility shall retain all consumption data for a period of not less than 2 years; (2) a qualified utility shall retain monthly consumption data used for billing for a period of not less than 15 years; (3) a utility shall honor an account holder's request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder; (4) a qualified data recipient with respect to a qualified building or qualified property may request that a qualified utility provide aggregated usage data for the qualified building or qualified property; (5) a utility shall deliver requested data on a schedule set by the Commission; and (6) the account holder request process and utility delivery of requested data shall be convenient and secure. Establishes requirements for: the Commission's participation in a stakeholder process; the form and timeline in which covered usage data is provided to the data recipient; entry of data into the benchmarking tool; and the provision of covered usage data to recipients upon account holder authorization. Provides that, except in cases where the utility has not followed processes established by the Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under the Act and no cause of action may be initiated against the utility for such subsequent misuse. Provides that prior to filing for cost recovery, a qualified utility must first demonstrate good faith efforts to secure federal, State, or other relevant funding options. Sets forth provisions regarding funding for the Commission to carry out its responsibilities under the Act and the Commission selecting and engaging outside consultants with experience in benchmarking and utility data access. States findings. Defines terms.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Utility Data Access Act.
16	16	6 Section 5. Findings. The General Assembly finds and
17	17	7 declares that optimizing energy and water use through
18	18	8 whole-building utility data access is in the public interest
19	19	9 because it provides consumers, building owners, utilities, and
20	20	10 states with significant economic benefits. The General
21	21	11 Assembly further finds the following:
22	22	12 (1) implementing building energy and water use data
23	23	13 access legislation catalyzes the development of a strong
24	24	14 market for building energy services which will positively
25	25	15 impact the State's economy through significant job growth;
26	26	16 (2) improving the energy and water use efficiency of
27	27	17 the existing building stock is a key strategy to help
28	28	18 preserve the affordability of rental housing;
29	29	19 (3) energy and water use reductions stemming from data
30	30	20 access can result in direct cost savings to customers and
31	31	21 in peak load reductions that benefit all ratepayers;
32	32	22 (4) data access programs allow utilities to maximize
33	33	23 the value of their energy and water use efficiency
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2478 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Utility Data Access Act. Requires the Illinois Commerce Commission to enact the following procedures: (1) a utility shall retain all consumption data for a period of not less than 2 years; (2) a qualified utility shall retain monthly consumption data used for billing for a period of not less than 15 years; (3) a utility shall honor an account holder's request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder; (4) a qualified data recipient with respect to a qualified building or qualified property may request that a qualified utility provide aggregated usage data for the qualified building or qualified property; (5) a utility shall deliver requested data on a schedule set by the Commission; and (6) the account holder request process and utility delivery of requested data shall be convenient and secure. Establishes requirements for: the Commission's participation in a stakeholder process; the form and timeline in which covered usage data is provided to the data recipient; entry of data into the benchmarking tool; and the provision of covered usage data to recipients upon account holder authorization. Provides that, except in cases where the utility has not followed processes established by the Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under the Act and no cause of action may be initiated against the utility for such subsequent misuse. Provides that prior to filing for cost recovery, a qualified utility must first demonstrate good faith efforts to secure federal, State, or other relevant funding options. Sets forth provisions regarding funding for the Commission to carry out its responsibilities under the Act and the Commission selecting and engaging outside consultants with experience in benchmarking and utility data access. States findings. Defines terms.
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68	68	1 portfolio by engaging customers and directing them to
69	69	2 energy and water efficiency programs and by enabling
70	70	3 utilities to target low-performing buildings;
71	71	4 (5) implementing building data access enables building
72	72	5 owners in the State to qualify for certain federal and
73	73	6 other incentives to help them improve their assets;
74	74	7 (6) energy and water use data access is the foundation
75	75	8 of a successful efficiency strategy and enables building
76	76	9 owners to track energy and water use performance over
77	77	10 time, set performance goals, and justify cost-effective
78	78	11 energy and water use upgrades; and
79	79	12 (7) absent whole-building energy and water use data
80	80	13 access legislation, building owners lack an efficient,
81	81	14 defined process to obtain energy and water performance of
82	82	15 their buildings in a manner that protects consumer
83	83	16 confidentiality.
84	84	17 Section 10. Definitions. As used in this Act:
85	85	18 "Account holder" or "customer" means the person or entity
86	86	19 authorized to access or modify utility account details.
87	87	20 "Aggregated usage data" means an aggregation of covered
88	88	21 usage data, where all data associated with a qualified
89	89	22 building or qualified property, including, but not limited to,
90	90	23 data from tenant meters and from owner meters, are combined
91	91	24 into one collective data point per utility data type, per time
92	92	25 period, and where any unique identifiers or other personal
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103	103	1 information are removed or dissociated from individual meter
104	104	2 data.
105	105	3 "Aggregation threshold" means 3 or more unique
106	106	4 nonresidential qualified accounts or 5 or more unique
107	107	5 qualified accounts of a property or building during the period
108	108	6 for which data is requested.
109	109	7 "Benchmarking tool" means the ENERGY STAR Portfolio
110	110	8 Manager web-based tool or any prudent and cost-effective
111	111	9 alternative system or tool approved by the Commission that (i)
112	112	10 enables the periodic entry of a building's energy use data and
113	113	11 other descriptive information about a building and (ii) rates
114	114	12 a building's energy efficiency against that of comparable
115	115	13 buildings nationwide.
116	116	14 "Commission" means the Illinois Commerce Commission.
117	117	15 "Covered usage data" means electric, gas, district energy,
118	118	16 water, or fuel delivery data collected from one or more
119	119	17 utility meters that reflects the quantity and period of
120	120	18 utility usage in the building, property, or portion thereof.
121	121	19 "Data recipient" means:
122	122	20 (1) an owner of the property or building;
123	123	21 (2) an owner of a portion of a property with regard to
124	124	22 covered usage data only for the utility consumption the
125	125	23 owner or the owner's tenants, if any, pay for and consume
126	126	24 in the owned portion;
127	127	25 (3) a tenant with regard to covered usage data only
128	128	26 for the utility consumption the tenant or the tenant's
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139	139	1 subtenants, if any, pay for and consume in the space
140	140	2 leased by the tenant;
141	141	3 (4) the board in the case of a condominium or
142	142	4 cooperative ownership of the property or building; or
143	143	5 (5) an agent authorized to receive the covered usage
144	144	6 data by anyone in paragraphs (1) through (4).
145	145	7 "District energy" means steam, hot water, chilled water,
146	146	8 and other heat or heat rejection services delivered through
147	147	9 fixed pipes to multiple properties.
148	148	10 "Large qualified utility" means a utility that:
149	149	11 (1) has 100,000 or more active accounts, customers, or
150	150	12 commercial or industrial service connections in the State;
151	151	13 or
152	152	14 (2) has more than 50 active accounts, customers, or
153	153	15 commercial or industrial service connections in the State
154	154	16 and has over $500,000,000 in annual revenue from within
155	155	17 the State.
156	156	18 "Medium qualified utility" means a utility that does not
157	157	19 qualify as a large qualified utility and that:
158	158	20 (1) has 10,000 or more active accounts, customers, or
159	159	21 commercial or industrial service connections in the State;
160	160	22 or
161	161	23 (2) has more than 50 active accounts, customers, or
162	162	24 commercial or industrial service connections in the State
163	163	25 and has $40,000,000 to $500,000,000 in annual revenue from
164	164	26 within the State.
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175	175	1 "Property" means:
176	176	2 (1) a single tax parcel;
177	177	3 (2) 2 or more tax parcels held in the cooperative or
178	178	4 condominium form of ownership and governed by a single
179	179	5 board of managers; or
180	180	6 (3) 2 or more colocated tax parcels owned or
181	181	7 controlled by the same entity.
182	182	8 "Qualified account" means a utility account that serves
183	183	9 some or all of a building or property for which covered usage
184	184	10 data is requested and that, as affirmed by the data recipient,
185	185	11 was not controlled by the data recipient or its subsidiary
186	186	12 during the time period for which covered usage data is
187	187	13 requested.
188	188	14 "Qualified building" means a building that meets the
189	189	15 aggregation threshold.
190	190	16 "Qualified data recipient" means a data recipient with
191	191	17 respect to a qualified property or qualified building.
192	192	18 "Qualified property" means a property that meets the
193	193	19 aggregation threshold.
194	194	20 "Qualified utility" means a large qualified utility, a
195	195	21 medium qualified utility, or a small qualified utility.
196	196	22 "Small qualified utility" means a utility that that does
197	197	23 not qualify as a medium qualified utility or a large qualified
198	198	24 utility and that:
199	199	25 (1) has more than 1,000 active accounts, customers, or
200	200	26 commercial or industrial service connections in the State;
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211	211	1 or
212	212	2 (2) has more than 20 active accounts, customers, or
213	213	3 commercial or industrial service connections in the State
214	214	4 and has more than $10,000,000 in annual revenue from
215	215	5 within the State.
216	216	6 "Utility" means a company, cooperative, association, or
217	217	7 government entity that distributes and sells electricity,
218	218	8 natural gas, water, delivered fuel, including fuel oil,
219	219	9 propane, kerosene, and coal, or district energy for use in
220	220	10 buildings.
221	221	11 "Utility data type" means electric, gas, district energy,
222	222	12 fuel delivery, or water.
223	223	13 Section 15. Utility data access.
224	224	14 (a) Within 90 days of the effective date of this Act, the
225	225	15 Commission shall open a proceeding and establish by rule,
226	226	16 consistent with the Illinois Administrative Procedure Act or
227	227	17 other relevant rules and the requirements of subsection (c),
228	228	18 procedures to implement the requirements of this Section. The
229	229	19 Commission shall consider industry best practices in
230	230	20 developing the implementing rules. The governing authority of
231	231	21 a public utility district, municipally owned utility, or
232	232	22 cooperative utility may adopt a rule adopted by the
233	233	23 Commission.
234	234	24 (b) The Commission shall enact procedures whereby:
235	235	25 (1) A utility shall retain all consumption data for a
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246	246	1 period of not less than 2 years.
247	247	2 (2) A qualified utility shall retain monthly
248	248	3 consumption data used for billing for a period of not less
249	249	4 than 15 years.
250	250	5 (3) A utility shall honor an account holder's request
251	251	6 to transmit the account holder's covered usage data held
252	252	7 by the utility to any entity designated by the account
253	253	8 holder.
254	254	9 (4) A qualified data recipient with respect to a
255	255	10 qualified building or qualified property may request that
256	256	11 a qualified utility provide aggregated usage data for the
257	257	12 qualified building or qualified property. Aggregated usage
258	258	13 data shall include identifiers of all meters associated
259	259	14 with the aggregate data and any other information needed
260	260	15 for data quality assurance.
261	261	16 (5) A utility shall deliver data requested under this
262	262	17 subsection according to schedules set by the Commission.
263	263	18 (6) The account holder request process and utility
264	264	19 delivery of requested data shall be convenient and secure.
265	265	20 (c) Within 100 days of opening a data access proceeding as
266	266	21 described in subsection (b), the Commission shall initiate or
267	267	22 participate in a stakeholder process to inform its fulfillment
268	268	23 of the requirements described in subsection (b). The
269	269	24 Commission stakeholder process shall:
270	270	25 (1) be completed in no more than 18 months;
271	271	26 (2) include stakeholder workshops organized and
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282	282	1 facilitated in a way that encourages representation from
283	283	2 diverse stakeholders and ensures equitable opportunities
284	284	3 for participation. Stakeholders shall not need formal
285	285	4 intervention or legal representation to participate in the
286	286	5 workshops;
287	287	6 (3) include opportunities for dialogue and written
288	288	7 comments; and
289	289	8 (4) allow stakeholder responses to a straw proposal
290	290	9 drafted by Commission staff or other stakeholders, as
291	291	10 appropriate.
292	292	11 (d) Stakeholders include, but are not limited to,
293	293	12 utilities, data recipients, tenants, environmental groups,
294	294	13 consumer advocates, tenant advocates, housing advocates, local
295	295	14 communities, and other interested members of the public.
296	296	15 (e) Notwithstanding any other law, aggregated usage data
297	297	16 shall not be deemed customer utility usage information,
298	298	17 personally identifiable information, critical energy
299	299	18 infrastructure information, or confidential information and
300	300	19 shall not be subject to protections as such.
301	301	20 (f) Any covered usage data that a utility provides to a
302	302	21 data recipient under this Section must meet the following
303	303	22 requirements:
304	304	23 (1) The covered usage data must be available to be
305	305	24 requested online and in printable paper form. A
306	306	25 nonqualified utility may provide only paper request forms
307	307	26 upon showing of hardship. A utility's validation of the
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318	318	1 requester's identity shall be consistent with, and no more
319	319	2 onerous than, the utility's then-current practices.
320	320	3 (2) The covered usage data must be provided to the
321	321	4 data recipient in a timeframe, frequency, and format and
322	322	5 be delivered by a method as may be determined by the
323	323	6 Commission.
324	324	7 (g) Any covered usage data that a qualified utility
325	325	8 provides to a data recipient under this Section must:
326	326	9 (1) be provided to the data recipient:
327	327	10 (A) within 90 days after receiving the data
328	328	11 recipient's valid written or electronic request if the
329	329	12 request is received within one year of the effective
330	330	13 date of this Act; or
331	331	14 (B) within 30 days after receiving the data
332	332	15 recipient's valid written or electronic request if the
333	333	16 request is received more than one year after the
334	334	17 effective date of this Act;
335	335	18 (2) subject to subsections (n) and (o), include at
336	336	19 least the most recent 48 consecutive months of covered
337	337	20 usage data prior to the initial date the data was
338	338	21 requested, regardless of whether the data recipient had a
339	339	22 business relationship with the building or property during
340	340	23 that period;
341	341	24 (3) include all necessary data points for data
342	342	25 recipients to comply with reporting requirements to which
343	343	26 they are subject, including any such data that the utility
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354	354	1 possesses;
355	355	2 (4) be directly uploaded to the data recipient's
356	356	3 benchmarking tool account, delivered in a spreadsheet in a
357	357	4 standard format consistent with the benchmarking tool, or
358	358	5 delivered in another format approved by the Commission,
359	359	6 depending on utility size under subsection (h);
360	360	7 (5) be provided to the data recipient according to a
361	361	8 schedule set by the Commission, but no less than monthly;
362	362	9 (6) be provided until the data recipient revokes the
363	363	10 request for usage data or is no longer a data recipient or
364	364	11 is no longer a qualified data recipient with respect to
365	365	12 aggregated usage data;
366	366	13 (7) be accompanied by a list of all meters associated
367	367	14 with the covered usage data, including, but not limited
368	368	15 to, aggregated usage data, and shall be accompanied by any
369	369	16 other information the Commission deems necessary including
370	370	17 for data quality assurance; and
371	371	18 (8) be provided at no cost to the data recipient.
372	372	19 (h) The Commission shall direct that covered usage data
373	373	20 shall be delivered to the data recipient in the following
374	374	21 formats and timelines:
375	375	22 (1) No later than 100 days after the effective date of
376	376	23 this Act, a large qualified utility shall provide data
377	377	24 requested by a data recipient using a spreadsheet in a
378	378	25 standard format consistent with the benchmarking tool. No
379	379	26 later than 2 years after effective date of this Act, a
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390	390	1 large qualified utility shall provide requested data by
391	391	2 direct upload to the data recipient's benchmarking tool,
392	392	3 or, at the data recipient's request, send the data using a
393	393	4 spreadsheet in a standard format consistent with the
394	394	5 benchmarking tool.
395	395	6 (2) No later than 200 days after the effective date of
396	396	7 this Act, a medium qualified utility shall provide data
397	397	8 requested by a data recipient using a spreadsheet in a
398	398	9 standard format consistent with the benchmarking tool. No
399	399	10 later than 2 years after first receiving a request for
400	400	11 aggregated usage data, a medium qualified utility shall
401	401	12 provide the data by direct upload to the data recipient's
402	402	13 benchmarking tool account, or, at the data recipient's
403	403	14 request, send the data using a spreadsheet in a standard
404	404	15 format consistent with the benchmarking tool.
405	405	16 (3) No later than 300 days after the effective date of
406	406	17 this Act, a small qualified utility shall provide data
407	407	18 requested by a data recipient using a spreadsheet in a
408	408	19 standard format consistent with the benchmarking tool at
409	409	20 the data recipient's request.
410	410	21 (i) To ensure the validity and usefulness of covered usage
411	411	22 data, the utility shall provide the best available consumption
412	412	23 and other information, consistent with the utility's records
413	413	24 as presented to the account holder on the utility's customer
414	414	25 portal and on the account holder's bills.
415	415	26 (j) One year after the effective date of this Act, the
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426	426	1 Commission shall establish by rule procedures for a data
427	427	2 recipient to request and receive timely revisions correcting
428	428	3 erroneous covered usage data.
429	429	4 (k) Once covered usage data has been entered into the
430	430	5 benchmarking tool, such data may not be deleted or altered by a
431	431	6 utility system, except as is necessary to correct errors or
432	432	7 reflect rebills. If previously provided covered usage data is
433	433	8 changed to correct errors, notification must be provided to
434	434	9 the data recipient.
435	435	10 (l) Within 90 days of the effective date of this Act, the
436	436	11 Commission shall adopt a standard form for a utility account
437	437	12 holder to authorize the sharing of the utility account
438	438	13 holder's covered usage data.
439	439	14 (m) For properties that do not meet the aggregation
440	440	15 threshold and therefore require account holder authorization,
441	441	16 the utility shall provide covered usage data to data
442	442	17 recipients upon account holder authorization, which:
443	443	18 (1) may be provided in Commission-approved form;
444	444	19 (2) may be provided in a lease agreement provision;
445	445	20 and
446	446	21 (3) remains valid until the account holder revokes it,
447	447	22 regardless of how the authorization is provided.
448	448	23 (n) The utility shall provide to a data recipient
449	449	24 unaggregated data regarding usage by an account holder that
450	450	25 has vacated the property unless the account holder has
451	451	26 explicitly notified the utility that the account holder
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462	462	1 forbids the sharing of such data.
463	463	2 (o) A qualified account holder shall not be entitled to
464	464	3 forbid the sharing of aggregated usage data with a qualified
465	465	4 data recipient except upon a showing that aggregation of data
466	466	5 would present a proximate and foreseeable threat to national
467	467	6 security and where each showing is deemed credible by the
468	468	7 Commission.
469	469	8 (p) Access to covered usage data under this Section shall
470	470	9 be subject to any rules the Commission has adopted or may
471	471	10 choose to adopt, if the rules do not conflict with this
472	472	11 Section.
473	473	12 (q) Except in cases where the utility has not followed
474	474	13 processes established by this Act or the utility is grossly
475	475	14 negligent, the utility shall be held harmless for third-party
476	476	15 misuse of data shared under this Act and no cause of action may
477	477	16 be initiated against the utility for such subsequent misuse.
478	478	17 (r) Prior to filing for cost recovery, a qualified utility
479	479	18 must first demonstrate good faith efforts to secure federal,
480	480	19 State, or other relevant funding options. Thereafter, a
481	481	20 qualified utility may file for cost recovery of the reasonable
482	482	21 and prudently-incurred costs of providing covered usage data,
483	483	22 including establishing, operating, and maintaining data
484	484	23 aggregation and data access services, for the Commission to
485	485	24 evaluate.
486	486	25 (s) To carry out its responsibilities under this Act, the
487	487	26 Commission shall be allocated additional annual funds. In
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