The Illinois Commerce Commission (ICC) will hold on June 13 an annual policy session focusing on supplier diversity.

Under state law, in addition to filing an annual report on the amount spent with diverse businesses, each utility must present to the Commission the goals and results of its programs designed to encourage greater participation by women-owned, minority-owned, veteran-owned, and small-owned businesses in the utilities’ procurement opportunities.

Specifically, as applicable in 2016, Section 5-117 of the Public Utilities Act required regulated gas, electric and water companies with 100,000 customers or more to report to the ICC annually regarding procurement goals and actual spending with minority, women, veteran and small businesses.

However, the enacted Exelon nuclear subsidy bill (SB2814, Public Act 099-0906) extended certain of the diversity requirements under Section 5-117 to, "any other supplier of energy within this State."

As noted by EnergyChoiceMatters.com, although unclear, this language ostensibly includes alternative retail electric suppliers, and makes retail suppliers subject to reporting requirements regarding procurement goals and spending with female-owned, minority-owned, veteran-owned, and small business enterprises

Specifically, the adopted SB2814 provides, "any other supplier of energy within this State," shall be subject to certain diversity reporting requirements applicable to the utilities and (as expanded under the amendment) suppliers of wind energy, solar energy, hydroelectricity, and nuclear energy. Although the bill does not use the term "alternative retail" in describing the "other" suppliers that are newly subject to the diversity spending reporting requirements, nothing expressly excludes retail suppliers from the broad term "any other supplier of energy."

Entities required to report on diversity under Section 5-117 are required to, among other things, file annual reports on, "all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises in the previous calendar year."

"These goals shall be expressed as a percentage of the total work performed by the entity submitting the report, and the actual spending for all female-owned, minority-owned, veteran-owned, and small business enterprises shall also be expressed as a percentage of the total work performed by the entity submitting the report," the statute states.

See the text of Public Act 099-0906 for details

While the June 13 ICC diversity workshop will largely focus on the 2016 utility reports, as retail suppliers may now be subject to the same requirements, the workshop may be instructive for retail suppliers

See more on the diversity policy session here

Tags:
Illinois   Compliance  

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