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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Article 5. Energy Transition |
5 | | Section 5-1. Short title. This Article may be cited as the |
6 | | Energy Transition Act. As used in this Article, "this Act" |
7 | | refers to this Article. |
8 | | Section 5-5. Definitions. As used in this Act: |
9 | | "Apprentice" means a participant in an apprenticeship |
10 | | program approved by and registered with the United States |
11 | | Department of Labor's Bureau of Apprenticeship and Training. |
12 | | "Apprenticeship program" means an apprenticeship and |
13 | | training program approved by and registered with the United |
14 | | States Department of Labor's Bureau of Apprenticeship and |
15 | | Training. |
16 | | "Black, indigenous, and people of color" or "BIPOC" means |
17 | | people who are members of the groups described in |
18 | | subparagraphs (a) through (e) of paragraph (A) of subsection |
19 | | (1) of Section 2 of the Business Enterprise for Minorities, |
20 | | Women, and Persons with Disabilities Act. |
21 | | "Community-based organizations" means an organization |
22 | | that: (1) provides employment, skill development, or related |
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1 | | services to members of the community; (2) includes community |
2 | | colleges, nonprofits, and local governments; (3) has at least |
3 | | one main operating office in the community or region it |
4 | | serves; and (4) demonstrates relationships with local |
5 | | residents and other organizations serving the community. |
6 | | "Department" means the Department of Commerce and Economic |
7 | | Opportunity, unless the text solely specifies a particular |
8 | | Department. |
9 | | "Director" means the Director of Commerce and Economic |
10 | | Opportunity. |
11 | | "Equity eligible contractor" or "eligible contractor" |
12 | | means: |
13 | | (1) a business that is majority-owned by equity |
14 | | investment eligible individuals or persons who are or have |
15 | | been participants in the Clean Jobs Workforce Network |
16 | | Program, Clean Energy Contractor Incubator Program, |
17 | | Returning Residents Clean Jobs Training Program, Illinois |
18 | | Climate Works Preapprenticeship Program, or Clean Energy |
19 | | Primes Contractor Accelerator Program; |
20 | | (2) a nonprofit or cooperative that is |
21 | | majority-governed by equity investment eligible |
22 | | individuals or persons who are or have been participants |
23 | | in the Clean Jobs Workforce Network Program, Clean Energy |
24 | | Contractor Incubator Program, Returning Residents Clean |
25 | | Jobs Training Program, Illinois Climate Works |
26 | | Preapprenticeship Program, or Clean Energy Primes |
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1 | | Contractor Accelerator Program; or |
2 | | (3) an equity investment eligible person or an |
3 | | individual who is or has been a participant in the Clean |
4 | | Jobs Workforce Network Program, Clean Energy Contractor |
5 | | Incubator Program, Returning Residents Clean Jobs Training |
6 | | Program, Illinois Climate Works Preapprenticeship Program, |
7 | | or Clean Energy Primes Contractor Accelerator Program and |
8 | | who is offering personal services as an independent |
9 | | contractor. |
10 | | "Equity focused populations" means (i) low-income persons; |
11 | | (ii) persons residing in equity investment eligible |
12 | | communities; (iii) persons who identify as black, indigenous, |
13 | | and people of color; (iv) formerly convicted persons; (v) |
14 | | persons who are or were in the child welfare system; (vi) |
15 | | energy workers; (vii) dependents of displaced energy workers; |
16 | | (viii) women; (ix) LGBTQ+, transgender, or gender |
17 | | nonconforming persons; (x) persons with disabilities; and (xi) |
18 | | members of any of these groups who are also youth. |
19 | | "Equity investment eligible community" and "eligible |
20 | | community" are synonymous and mean the geographic areas |
21 | | throughout Illinois which would most benefit from equitable |
22 | | investments by the State designed to combat discrimination and |
23 | | foster sustainable economic growth. Specifically, the eligible |
24 | | community means the following areas: |
25 | | (1) R3 Areas as established pursuant to Section 10-40 |
26 | | of the Cannabis Regulation and Tax Act, where residents |
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1 | | have historically been excluded from economic |
2 | | opportunities, including opportunities in the energy |
3 | | sector; and |
4 | | (2) Environmental justice communities, as defined by |
5 | | the Illinois Power Agency pursuant to the Illinois Power |
6 | | Agency Act, but excluding racial and ethnic indicators, |
7 | | where residents have historically been subject to |
8 | | disproportionate burdens of pollution, including pollution |
9 | | from the energy sector. |
10 | | "Equity investment eligible person" and "eligible person" |
11 | | are synonymous and mean the persons who would most benefit |
12 | | from equitable investments by the State designed to combat |
13 | | discrimination and foster sustainable economic growth. |
14 | | Specifically, eligible persons means the following people: |
15 | | (1) persons whose primary residence is in an equity |
16 | | investment eligible community; |
17 | | (2) persons who are graduates of or currently enrolled |
18 | | in the foster care system; or |
19 | | (3) persons who were formerly incarcerated. |
20 | | "Climate Works Hub" means a nonprofit organization |
21 | | selected by the Department to act as a workforce intermediary |
22 | | and to participate in the Illinois Climate Works |
23 | | Preapprenticeship Program. To qualify as a Climate Works Hub, |
24 | | the organization must demonstrate the following: |
25 | | (1) the ability to effectively serve diverse and |
26 | | underrepresented populations, including by providing |
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1 | | employment services to such populations; |
2 | | (2) experience with the construction and building |
3 | | trades; |
4 | | (3) the ability to recruit, prescreen, and provide |
5 | | preapprenticeship training to prepare workers for |
6 | | employment in the construction and building trades; and |
7 | | (4) a plan to provide the following: |
8 | | (A) preparatory classes; |
9 | | (B) workplace readiness skills, such as resume |
10 | | preparation and interviewing techniques; |
11 | | (C) strategies for overcoming barriers to entry |
12 | | and completion of an apprenticeship program; and |
13 | | (D) any prerequisites for acceptance into an |
14 | | apprenticeship program. |
15 | | Section 5-10. Findings. The General Assembly finds that |
16 | | the clean energy sector is a growing area of the economy in the |
17 | | State of Illinois. The General Assembly further finds that |
18 | | State investment in the clean energy economy in Illinois can |
19 | | be a vehicle for expanding equitable access to public health, |
20 | | safety, a cleaner environment, quality jobs, and economic |
21 | | opportunity. |
22 | | It is in the public policy interest of the State to ensure |
23 | | that Illinois residents from communities disproportionately |
24 | | impacted by climate change, communities facing coal plant or |
25 | | coal mine closures, and economically disadvantaged communities |
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1 | | and individuals experiencing barriers to employment have |
2 | | access to State programs and good jobs and career |
3 | | opportunities in growing sectors of the State economy. To |
4 | | promote those interests in the growing clean energy sector, |
5 | | the General Assembly hereby creates this Act to increase |
6 | | access to and opportunities for education, training, and |
7 | | support services these individuals need to succeed in the |
8 | | labor market generally and the clean energy sector |
9 | | specifically. The General Assembly further finds that the |
10 | | programs included in this Act are essential to equitable, |
11 | | statewide access to quality training, jobs, and economic |
12 | | opportunities across the clean energy sector. |
13 | | Section 5-15. Regional Administrators. |
14 | | (a) Subject to appropriation, the Department shall select |
15 | | 3 unique Regional Administrators: one Regional Administrator |
16 | | for coordination of the work in the Northern Illinois Program |
17 | | Delivery Area, one Regional Administrator for coordination of |
18 | | the work in the Central Illinois Program Delivery Area, and |
19 | | one Regional Administrator for coordination of the work in the |
20 | | Southern Illinois Program Delivery Area. |
21 | | (b) The Regional Administrators shall have strong |
22 | | capabilities, experience, and knowledge related to program |
23 | | development and fiscal management; cultural and language |
24 | | competency needed to be effective in their respective |
25 | | communities to be served; expertise in working in and with |
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1 | | BIPOC and environmental justice communities; knowledge and |
2 | | experience in working with employer or sectoral partnerships, |
3 | | if applicable, in clean energy or related sectors; and |
4 | | awareness of industry trends and activities, workforce |
5 | | development best practices, regional workforce development |
6 | | needs, regional and industry employers, and community |
7 | | development. The Regional Administrators shall demonstrate a |
8 | | track record of strong partnerships with community-based |
9 | | organizations and labor organizations. |
10 | | (c) The Regional Administrators shall work together to |
11 | | administer the implementation of the Clean Jobs Workforce |
12 | | Network Program, the Illinois Climate Works Preapprenticeship |
13 | | Program, the Clean Energy Contractor Incubator Program, and |
14 | | the Returning Resident Clean Jobs Training Program. |
15 | | Section 5-20. Clean Jobs Workforce Network Program. |
16 | | (a) As used in this Section, "Program" means the Clean |
17 | | Jobs Workforce Network Program. |
18 | | (b) Subject to appropriation, the Department shall develop |
19 | | and, through Regional Administrators, administer the Clean |
20 | | Jobs Workforce Network Program to create a network of 13 |
21 | | Program delivery Hub Sites with program elements delivered by |
22 | | community-based organizations and their subcontractors |
23 | | geographically distributed across the State including at least |
24 | | one Hub Site located in or near each of the following areas: |
25 | | Chicago (South Side), Chicago (Southwest and West Sides), |
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1 | | Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, |
2 | | Danville, Decatur, Carbondale, East St. Louis, and Alton. |
3 | | (c) In admitting program participants, for each workforce |
4 | | Hub Site, the Regional Administrators shall: |
5 | | (1) in each Hub Site where the applicant pool allows: |
6 | | (A) dedicate at least one-third of program |
7 | | placements to applicants who reside in a geographic |
8 | | area that is impacted by economic and environmental |
9 | | challenges, defined as an area that is both (i) an R3 |
10 | | Area, as defined pursuant to Section 10-40 of the |
11 | | Cannabis Regulation and Tax Act, and (ii) an |
12 | | environmental justice community, as defined by the |
13 | | Illinois Power Agency, excluding any racial or ethnic |
14 | | indicators used by the agency unless and until the |
15 | | constitutional basis for their inclusion in |
16 | | determining program admissions is established. Among |
17 | | applicants that satisfy these criteria, preference |
18 | | shall be given to applicants who face barriers to |
19 | | employment, such as low educational attainment, prior |
20 | | involvement with the criminal legal system, and |
21 | | language barriers; and applicants that are graduates |
22 | | of or currently enrolled in the foster care system; |
23 | | and |
24 | | (B) dedicate at least two-thirds of program |
25 | | placements to applicants that satisfy the criteria in |
26 | | paragraph (1) or who reside in a geographic area that |
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1 | | is impacted by economic or environmental challenges, |
2 | | defined as an area that is either (i) an R3 Area, as |
3 | | defined pursuant to Section 10-40 of the Cannabis |
4 | | Regulation and Tax Act, or (ii) an environmental |
5 | | justice community, as defined by the Illinois Power |
6 | | Agency, excluding any racial or ethnic indicators used |
7 | | by the agency unless and until the constitutional |
8 | | basis for their inclusion in determining program |
9 | | admissions is established. Among applicants that |
10 | | satisfy these criteria, preference shall be given to |
11 | | applicants who face barriers to employment, such as |
12 | | low educational attainment, prior involvement with the |
13 | | criminal legal system, and language barriers; and |
14 | | applicants that are graduates of or currently enrolled |
15 | | in the foster care system; and
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16 | | (2) prioritize the remaining program placements for: |
17 | | applicants who are displaced energy workers as defined in |
18 | | the Energy Community Reinvestment Act; persons who face |
19 | | barriers to employment, including low educational |
20 | | attainment, prior involvement with the criminal legal |
21 | | system, and language barriers; and applicants who are |
22 | | graduates of or currently enrolled in the foster care |
23 | | system, regardless of the applicant's area of residence. |
24 | | The Department and Regional Administrators shall protect |
25 | | the confidentiality of any personal information provided by |
26 | | program applicants regarding the applicant's status as a |
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1 | | formerly incarcerated person or foster care recipient; |
2 | | however, the Department or Regional Administrators may publish |
3 | | aggregated data on the number of participants that were |
4 | | formerly incarcerated or foster care recipients so long as |
5 | | that publication protects the identities of those persons. |
6 | | Any person who applies to the program may elect not to |
7 | | share with the Department or Regional Administrators whether |
8 | | he or she is a graduate or currently enrolled in the foster |
9 | | care system or was formerly convicted. |
10 | | (d) Program elements for each Hub Site shall be provided |
11 | | by a community-based organization. The Department shall |
12 | | initially select a community-based organization in each Hub |
13 | | Site and shall subsequently select a community-based |
14 | | organization in each Hub Site every 3 years. Community-based |
15 | | organizations delivering program elements outlined in |
16 | | subsection (e) may provide all elements required or may |
17 | | subcontract to other entities for provision of portions of |
18 | | program elements, including, but not limited to, |
19 | | administrative soft and hard skills for program participants, |
20 | | delivery of specific training in the core curriculum, or |
21 | | provision of other support functions for program delivery |
22 | | compliance. |
23 | | (e) The Clean Jobs Workforce Hubs Network shall: |
24 | | (1) coordinate with Energy Transition Navigators: (i) |
25 | | to increase participation in the Clean Jobs Workforce |
26 | | Network Program and clean energy and related sector |
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1 | | workforce and training opportunities; (ii) coordinate |
2 | | recruitment, communications, and ongoing engagement with |
3 | | potential employers, including, but not limited to, |
4 | | activities such as job matchmaking initiatives, hosting |
5 | | events such as job fairs, and collaborating with other Hub |
6 | | Sites to identify and implement best practices for |
7 | | employer engagement; and (iii) leverage community-based |
8 | | organizations, educational institutions, and |
9 | | community-based and labor-based training providers to |
10 | | ensure program-eligible individuals across the State have |
11 | | dedicated and sustained support to enter and complete the |
12 | | career pipeline for clean energy and related sector jobs; |
13 | | (2) develop formal partnerships, including formal |
14 | | sector partnerships between community-based organizations |
15 | | and entities that provide clean energy jobs, including |
16 | | businesses, nonprofit organizations, and worker-owned |
17 | | cooperatives, to ensure that Program participants have |
18 | | priority access to employment training and hiring |
19 | | opportunities; and |
20 | | (3) implement the Clean Jobs Curriculum to provide, |
21 | | including, but not limited to, training, certification |
22 | | preparation, job readiness, and skill development, |
23 | | including soft skills, math skills, technical skills, |
24 | | certification test preparation, and other development |
25 | | needed, to Program participants. |
26 | | (f) Funding for the Program is subject to appropriation |
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1 | | from the Energy Transition Assistance Fund. |
2 | | (g) The Department shall require submission of quarterly |
3 | | reports, including program performance metrics by each Hub |
4 | | Site to the Regional Administrator of their Program Delivery |
5 | | Area. Program performance metrics include, but are not limited |
6 | | to: |
7 | | (1) demographic data, including racial, gender, |
8 | | residency in eligible communities, and geographic |
9 | | distribution data, on Program trainees entering and |
10 | | graduating the Program; |
11 | | (2) demographic data, including racial, gender, |
12 | | residency in eligible communities, and geographic |
13 | | distribution data, on Program trainees who are placed in |
14 | | employment, including the percentages of trainees by race, |
15 | | gender, and geographic categories in each individual job |
16 | | type or category and whether employment is union, |
17 | | nonunion, or nonunion via temporary agency; |
18 | | (3) trainee job acquisition and retention statistics, |
19 | | including the duration of employment (start and end dates |
20 | | of hires) by race, gender, and geography; |
21 | | (4) hourly wages, including hourly overtime pay rate, |
22 | | and benefits of trainees placed into employment by race, |
23 | | gender, and geography; |
24 | | (5) percentage of jobs by race, gender, and geography |
25 | | held by Program trainees or graduates that are full-time |
26 | | equivalent positions, meaning that the position held is |
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1 | | full-time, direct, and permanent based on 2,080 hours |
2 | | worked per year (paid directly by the employer, whose |
3 | | activities, schedule, and manner of work the employer |
4 | | controls, and receives pay and benefits in the same manner |
5 | | as permanent employees); and |
6 | | (6) qualitative data consisting of open-ended |
7 | | reporting on pertinent issues, including, but not limited |
8 | | to, qualitative descriptions accompanying metrics or |
9 | | identifying key successes and challenges. |
10 | | (h) Within 3 years after the effective date of this Act, |
11 | | the Department shall select an independent evaluator to review |
12 | | and prepare a report on the performance of the Program and |
13 | | Regional Administrators. |
14 | | Section 5-25. Clean Jobs Curriculum. |
15 | | (a) As used in this Section, "clean energy jobs", subject |
16 | | to administrative rules, means jobs in the solar energy, wind |
17 | | energy, energy efficiency, energy storage, solar thermal, |
18 | | green hydrogen, geothermal, electric vehicle industries, other |
19 | | renewable energy industries, industries achieving emission |
20 | | reductions, and other related sectors including related |
21 | | industries that manufacture, develop, build, maintain, or |
22 | | provide ancillary services to renewable energy resources or |
23 | | energy efficiency products or services, including the |
24 | | manufacture and installation of healthier building materials |
25 | | that contain fewer hazardous chemicals. "Clean energy jobs" |
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1 | | includes administrative, sales, other support functions within |
2 | | these industries and other related sector industries. |
3 | | (b) The Department shall convene a comprehensive |
4 | | stakeholder process that includes representatives from the |
5 | | State Board of Education, the Illinois Community College |
6 | | Board, the Department of Labor, community-based organizations, |
7 | | workforce development providers, labor unions, building |
8 | | trades, educational institutions, residents of BIPOC and |
9 | | low-income communities, residents of environmental justice |
10 | | communities, clean energy businesses, nonprofit organizations, |
11 | | worker-owned cooperatives, other groups that provide clean |
12 | | energy jobs opportunities, groups that provide construction |
13 | | and building trades job opportunities, and other participants |
14 | | to identify the career pathways and training curriculum needed |
15 | | for participants to be skilled, work ready, and able to enter |
16 | | clean energy jobs. The curriculum shall: |
17 | | (1) identify the core training curricular competency |
18 | | areas needed to prepare workers to enter clean energy and |
19 | | related sector jobs; |
20 | | (2) identify a set of required core cross-training |
21 | | competencies provided in each training area for clean |
22 | | energy jobs with the goal of enabling any trainee to |
23 | | receive a standard set of skills common to multiple |
24 | | training areas that would provide a foundation for |
25 | | pursuing a career composed of multiple clean energy job |
26 | | types; |
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1 | | (3) include approaches to integrate broad occupational |
2 | | training to provide career entry into the general |
3 | | construction and building trades sector and any remedial |
4 | | education and work readiness support necessary to achieve |
5 | | educational and professional eligibility thresholds; and |
6 | | (4) identify on-the-job training formats, where |
7 | | relevant, and identify suggested trainer certification |
8 | | standards, where relevant. |
9 | | (c) The Department shall publish a report that includes |
10 | | the findings, recommendations, and core curriculum identified |
11 | | by the stakeholder group and shall post a copy of the report on |
12 | | its public website. The Department shall convene the process |
13 | | described to update and modify the recommended curriculum |
14 | | every 3 years to ensure the curriculum contents are current to |
15 | | the evolving clean energy industries, practices, and |
16 | | technologies. |
17 | | (d) Organizations that receive funding to provide training |
18 | | under the Clean Jobs Workforce Network Program, including, but |
19 | | not limited to, community-based and labor-based training |
20 | | providers, and educational institutions must use the core |
21 | | curriculum that is developed under this Section. |
22 | | Section 5-30. Energy Transition Barrier Reduction Program. |
23 | | (a) As used in this Section, "Program" means the Energy |
24 | | Transition Barrier Reduction Program. |
25 | | (b) Subject to appropriation, the Department shall create |
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1 | | and administer an Energy Transition Barrier Reduction Program. |
2 | | The Program shall be used to provide supportive services for |
3 | | individuals impacted by the energy transition. Services |
4 | | allowed are intended to help eligible individuals overcome |
5 | | financial and other barriers to participation in the Clean |
6 | | Jobs Workforce Network Program and the Illinois Climate Works |
7 | | Preapprenticeship Program. |
8 | | (c) The Program shall be available to individuals eligible |
9 | | for participation in the Clean Jobs Workforce Network Program |
10 | | or Illinois Climate Works Preapprenticeship Program. |
11 | | (d) The Department shall determine appropriate allowable |
12 | | program costs, elements, and financial supports to reduce |
13 | | barriers to successful participation in the Clean Jobs |
14 | | Workforce Program and the Illinois Climate Works |
15 | | Preapprenticeship Program for individuals eligible for these |
16 | | programs. |
17 | | (e) Community-based organizations and other nonprofits |
18 | | selected by the Department shall provide supportive services |
19 | | described in this Section to eligible individuals |
20 | | participating in the Clean Jobs Workforce Network Program and |
21 | | Illinois Climate Works Preapprenticeship Program. |
22 | | (f) The community-based organizations that provide support |
23 | | services under this Section shall coordinate with the Energy |
24 | | Transition Navigators to ensure eligible individuals have |
25 | | access to these services. |
26 | | (g) Funding for the Program is subject to appropriation |
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1 | | from the Energy Transition Assistance Fund. |
2 | | Section 5-35. Energy Transition Navigators. |
3 | | (a) As used in this Section: |
4 | | "Community-based provider" means a not-for-profit |
5 | | organization that has a history of serving low-wage or |
6 | | low-skilled workers or individuals from economically |
7 | | disadvantaged communities. |
8 | | "Economically disadvantaged community" means areas of one |
9 | | or more census tracts where the average household income does |
10 | | not exceed 80% of the area median income. |
11 | | (b) In order to engage eligible individuals to participate |
12 | | in the Clean Jobs Workforce Network Program, the Illinois |
13 | | Climate Works Preapprenticeship Program, Returning Residents |
14 | | Clean Jobs Program, Clean Energy Contractor Incubator Program, |
15 | | and Clean Energy Primes Contractor Accelerator Program and |
16 | | utilize the services offered under the Energy Transition |
17 | | Barrier Reduction Program, the Department shall, subject to |
18 | | appropriation, contract with community-based providers to |
19 | | serve as Energy Transition Navigators. Energy Transition |
20 | | Navigators shall provide education, outreach, and recruitment |
21 | | services to equity focused populations, prioritizing |
22 | | individuals eligible for the Clean Jobs Workforce Network |
23 | | Program or Illinois Climate Works Preapprenticeship Program, |
24 | | to make sure they are aware of and engaged in the statewide and |
25 | | local workforce development systems. Additional strategies may |
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1 | | include, but are not limited to, recruitment activities and |
2 | | events. |
3 | | (c) For members of equity focused populations, |
4 | | prioritizing individuals eligible for the Clean Jobs Workforce |
5 | | Network Program or Illinois Climate Works Preapprenticeship |
6 | | Program, who may be interested in entrepreneurial pursuits, |
7 | | Energy Transition Navigators may connect these individuals |
8 | | with their area Small Business Development Center, Procurement |
9 | | Technical Assistance Centers, or economic development |
10 | | organization to engage in services, including, but not limited |
11 | | to, business consulting, business planning, regulatory |
12 | | compliance, marketing, training, accessing capital, government |
13 | | bid, and certification assistance. |
14 | | (d) Energy Transition Navigators shall engage equity |
15 | | focused populations, prioritizing individuals eligible for the |
16 | | Clean Jobs Workforce Network Program or Illinois Climate Works |
17 | | Preapprenticeship Program, organizations working with these |
18 | | populations, local workforce innovation boards, and other |
19 | | relevant stakeholders to coordinate outreach initiatives to |
20 | | promote information regarding programs and services offered |
21 | | under the Clean Jobs Workforce Network Program, the Illinois |
22 | | Climate Works Preapprenticeship Program, and the Energy |
23 | | Transition Barrier Reduction Program. Energy Transition |
24 | | Navigators shall provide support where reasonable to |
25 | | individuals and entities applying for these services and |
26 | | programs. |
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1 | | (e) Community education, outreach, and recruitment |
2 | | regarding the Clean Jobs Workforce Network Program, the |
3 | | Illinois Climate Works Preapprenticeship Program, and Energy |
4 | | Transition Barrier Reduction Program shall be targeted to the |
5 | | equity focused populations, prioritizing individuals eligible |
6 | | for the Clean Jobs Workforce Network Program or Illinois |
7 | | Climate Works Preapprenticeship Program. |
8 | | (f) Community-based providers shall partner with |
9 | | educational institutions or organizations working with equity |
10 | | focused populations, local employers, labor unions, and others |
11 | | to identify members of equity focused populations in eligible |
12 | | communities who are unable to advance in their careers due to |
13 | | inadequate skills. Community-based providers shall provide |
14 | | information and consultation to equity focused populations, |
15 | | prioritizing individuals eligible for the Clean Jobs Workforce |
16 | | Network Program or Illinois Climate Works Preapprenticeship |
17 | | Program, on various educational opportunities and supportive |
18 | | services available to them. |
19 | | (g) Community-based providers shall establish partnerships |
20 | | with employers, educational institutions, local economic |
21 | | development organizations, environmental justice |
22 | | organizations, trades groups, labor unions, and entities that |
23 | | provide jobs, including businesses and other nonprofit |
24 | | organizations, to target the skill needs of local industry. |
25 | | The community-based provider shall work with local workforce |
26 | | innovation boards and other relevant partners to develop skill |
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1 | | curriculum and career pathway support for disadvantaged |
2 | | individuals in equity focused populations, prioritizing |
3 | | individuals eligible for the Clean Jobs Workforce Network |
4 | | Program or Illinois Climate Works Preapprenticeship Program, |
5 | | that meets local employers' needs and establishes job |
6 | | placement opportunities after training. |
7 | | (h) Funding for the Program is subject to appropriation |
8 | | from the Energy Transition Assistance Fund. Priority in |
9 | | awarding grants under this Section will be given to |
10 | | organizations that also have experience serving populations |
11 | | impacted by climate change. |
12 | | (i) Each community-based organization that receives |
13 | | funding from the Department as an Energy Transition Navigator |
14 | | shall provide an annual report to the Department by April 1 of |
15 | | each calendar year. The annual report shall include the |
16 | | following information: |
17 | | (1) a description of the community-based |
18 | | organization's recruitment, screening, and training |
19 | | efforts; |
20 | | (2) the number of individuals who apply to, |
21 | | participate in, and complete programs offered through the |
22 | | Energy Transition Workforce Program, broken down by race, |
23 | | gender, age, and location; and |
24 | | (3) any other information deemed necessary by the |
25 | | Department. |
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1 | | Section 5-40. Illinois Climate Works Preapprenticeship |
2 | | Program. |
3 | | (a) Subject to appropriation, the Department shall |
4 | | develop, and through Regional Administrators administer, the |
5 | | Illinois Climate Works Preapprenticeship Program. The goal of |
6 | | the Illinois Climate Works Preapprenticeship Program is to |
7 | | create a network of hubs throughout the State that will |
8 | | recruit, prescreen, and provide preapprenticeship skills |
9 | | training, for which participants may attend free of charge and |
10 | | receive a stipend, to create a qualified, diverse pipeline of |
11 | | workers who are prepared for careers in the construction and |
12 | | building trades and clean energy jobs opportunities therein. |
13 | | Upon completion of the Illinois Climate Works |
14 | | Preapprenticeship Program, the candidates will be connected to |
15 | | and prepared to successfully complete an apprenticeship |
16 | | program. |
17 | | (b) Each Climate Works Hub that receives funding from the |
18 | | Energy Transition Assistance Fund shall provide an annual |
19 | | report to the Illinois Works Review Panel by April 1 of each |
20 | | calendar year. The annual report shall include the following |
21 | | information: |
22 | | (1) a description of the Climate Works Hub's |
23 | | recruitment, screening, and training efforts, including a |
24 | | description of training related to construction and |
25 | | building trades opportunities in clean energy jobs; |
26 | | (2) the number of individuals who apply to, |
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| | SB2408 Enrolled | - 22 - | LRB102 11366 BMS 16699 b |
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1 | | participate in, and complete the Climate Works Hub's |
2 | | program, broken down by race, gender, age, and veteran |
3 | | status; |
4 | | (3) the number of the individuals referenced in |
5 | | paragraph (2) of this subsection who are initially |
6 | | accepted and placed into apprenticeship programs in the |
7 | | construction and building trades; and |
8 | | (4) the number of individuals referenced in paragraph |
9 | | (2) of this subsection who remain in apprenticeship |
10 | | programs in the construction and building trades or have |
11 | | become journeymen one calendar year after their placement, |
12 | | as referenced in paragraph (3) of this subsection. |
13 | | (c) Subject to appropriation, the Department shall provide |
14 | | funding to 3 Climate Works Hubs throughout the State, |
15 | | including one to the Illinois Department of Transportation |
16 | | Region 1, one to the Illinois Department of Transportation |
17 | | Regions 2 and 3, and one to the Illinois Department of |
18 | | Transportation Regions 4 and 5. The Department shall initially |
19 | | select a community-based provider in each region and shall |
20 | | subsequently select a community-based provider in each region |
21 | | every 3 years. |
22 | | (d) The Climate Works Hubs shall recruit, prescreen, and |
23 | | provide preapprenticeship training to equity investment |
24 | | eligible persons. This training shall include information |
25 | | related to opportunities and certifications relevant to clean |
26 | | energy jobs in the construction and building trades. |
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| | SB2408 Enrolled | - 23 - | LRB102 11366 BMS 16699 b |
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1 | | (e) Funding for the Program is subject to appropriation |
2 | | from the Energy Transition Assistance Fund. |
3 | | (f) The Department shall adopt any rules deemed necessary |
4 | | to implement this Section. |
5 | | Section 5-45. Clean Energy Contractor Incubator Program.
|
6 | | (a) As used in this Section, "community-based |
7 | | organization" means a nonprofit organization, including an |
8 | | accredited public college or university that: |
9 | | (1) has a history of providing business-related |
10 | | assistance and knowledge to help entrepreneurs start, run, |
11 | | and grow their businesses; |
12 | | (2) has knowledge of construction and clean energy |
13 | | trades; |
14 | | (3) demonstrates relationships with local residents |
15 | | and other organizations serving the community; and |
16 | | (4) demonstrates the ability to effectively serve |
17 | | diverse and underrepresented populations. |
18 | | (b) Subject to appropriation, the Department shall |
19 | | develop, and through the Regional Administrators, administer |
20 | | the Clean Energy Contractor Incubator Program ("Program") to |
21 | | create a network of 13 Program delivery Hub Sites with program |
22 | | elements delivered by community-based organizations and their |
23 | | subcontractors geographically distributed across the State, |
24 | | including at least one Hub Site located in or near each of the |
25 | | following areas: Chicago (South Side), Chicago (Southwest and |
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| | SB2408 Enrolled | - 24 - | LRB102 11366 BMS 16699 b |
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1 | | West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria, |
2 | | Champaign, Danville, Decatur, Carbondale, East St. Louis, and |
3 | | Alton.
|
4 | | (c) In admitting program participants, for each Contractor |
5 | | Incubator Hub Site the Regional Administrators shall:
|
6 | | (1) in each Hub Site where the applicant pool allows: |
7 | | (A) dedicate at least one-third of program |
8 | | placements to the owners of clean energy contractor |
9 | | businesses and nonprofits who reside in a geographic |
10 | | area that is impacted by economic and environmental |
11 | | challenges, defined as an area that is both (i) an R3 |
12 | | Area, as defined pursuant to Section 10-40 of the |
13 | | Cannabis Regulation and Tax Act, and (ii) an |
14 | | environmental justice community, as defined by the |
15 | | Illinois Power Agency, excluding any racial or ethnic |
16 | | indicators used by the agency unless and until the |
17 | | constitutional basis for their inclusion in |
18 | | determining program admissions is established. Among |
19 | | applicants that satisfy these criteria, preference |
20 | | shall be given to applicants who face barriers to |
21 | | employment, such as low educational attainment, prior |
22 | | involvement with the criminal legal system, and |
23 | | language barriers; and applicants that are graduates |
24 | | of or currently enrolled in the foster care system; |
25 | | and |
26 | | (B) dedicate at least two-thirds of program |
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| | SB2408 Enrolled | - 25 - | LRB102 11366 BMS 16699 b |
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1 | | placements to the owners of clean energy contractor |
2 | | businesses and nonprofits that satisfy the criteria in |
3 | | paragraph (1) or who reside in eligible communities. |
4 | | Among applicants who live in eligible communities, |
5 | | preference shall be given to applicants who face |
6 | | barriers to employment, such as low educational |
7 | | attainment, prior involvement with the criminal legal |
8 | | system, and language barriers; and applicants that are |
9 | | graduates of or currently enrolled in the foster care |
10 | | system; and
|
11 | | (2) prioritize the remaining program placements for: |
12 | | applicants who are displaced energy workers as defined in |
13 | | the Energy Community Reinvestment Act; persons who face |
14 | | barriers to employment, including low educational |
15 | | attainment, prior involvement with the criminal legal |
16 | | system, and language barriers; and applicants who are |
17 | | graduates of or currently enrolled in the foster care |
18 | | system, regardless of the applicants' area of residence. |
19 | | Consideration shall also be given to any current or past |
20 | | participant in the Clean Jobs Workforce Network Program, |
21 | | Illinois Climate Works Preapprenticeship Program, or Returning |
22 | | Residents Clean Energy Jobs Training Program. |
23 | | The Department and Regional Administrators shall protect |
24 | | the confidentiality of any personal information provided by |
25 | | program applicants regarding the applicant's status as a |
26 | | formerly incarcerated person or foster care recipient; |
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| | SB2408 Enrolled | - 26 - | LRB102 11366 BMS 16699 b |
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1 | | however, the Department or Regional Administrators may publish |
2 | | aggregated data on the number of participants that were |
3 | | formerly incarcerated or foster care recipients so long as |
4 | | that publication protects the identities of those persons.
|
5 | | Any person who applies to the program may elect not to |
6 | | share with the Department or Regional Administrators whether |
7 | | he or she is a graduate or currently enrolled in the foster |
8 | | care system or was formerly convicted.
|
9 | | (d) Program elements at each Hub Site shall be provided by |
10 | | a local community-based organization. The Department shall |
11 | | initially select a community-based organization in each Hub |
12 | | Site and shall subsequently select a community-based |
13 | | organization in each Hub Site every 3 years. Community-based |
14 | | organizations delivering program elements outlined in |
15 | | subsection (e) may provide all elements required or may |
16 | | subcontract to other entities for provision of portions of |
17 | | program elements, including, but not limited to, |
18 | | administrative soft and hard skills for program participants, |
19 | | delivery of specific training in the core curriculum, or |
20 | | provision of other support functions for program delivery |
21 | | compliance.
|
22 | | (e) The Clean Energy Contractor Incubator Program shall:
|
23 | | (1) provide access to low-cost capital for small clean |
24 | | energy businesses and contractors;
|
25 | | (2) provide support for obtaining financial assurance, |
26 | | including, but not limited to: bonding; back office |
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1 | | services; insurance, permits, training and certifications; |
2 | | business planning; and low-interest loans;
|
3 | | (3) train, mentor, and provide other support needed to |
4 | | allow participant contractors to: (i) build their |
5 | | businesses and connect to specific projects, (ii) register |
6 | | as approved vendors, (iii) engage in approved vendor |
7 | | subcontracting and qualified installer opportunities, (iv) |
8 | | develop partnering and networking skills, (v) compete for |
9 | | capital and other resources, and (vi) execute clean |
10 | | energy-related project installations and subcontracts;
|
11 | | (4) ensure that participant contractors, community |
12 | | partners, and potential contractor clients are aware of |
13 | | and engaged in the Program;
|
14 | | (5) connect participant contractors with the |
15 | | Department of Labor for resources, training, and technical |
16 | | support on prevailing wage compliance; |
17 | | (6) provide recruitment and ongoing engagement with |
18 | | entities that hire contractors and subcontractors, |
19 | | programs providing renewable energy resource-related |
20 | | projects, incentive programs, and approved vendor and |
21 | | qualified installer opportunities, including, but not |
22 | | limited to, activities such as matchmaking, events, and |
23 | | collaborating with other Hub Sites.
|
24 | | (f) Funding for the Program and independent evaluations as |
25 | | described in subsection (h) are subject to appropriation from |
26 | | the Energy Transition Assistance Fund.
|
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| | SB2408 Enrolled | - 28 - | LRB102 11366 BMS 16699 b |
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1 | | (g) The Department shall require submission of quarterly |
2 | | reports including program performance metrics by each Hub Site |
3 | | to the Regional Administrator of their Program Delivery Area. |
4 | | Program performance metrics include, but are not limited to:
|
5 | | (1) demographic data including: race, gender, |
6 | | geographic location, R3 residency, Environmental Justice |
7 | | Community residency, foster care system participation, and |
8 | | justice-involvement for the owners of contractors |
9 | | applying, accepted into, and graduating from the Program;
|
10 | | (2) the number of projects completed by participant |
11 | | contractors, alone or in partnership, by race, gender, |
12 | | geographic location, R3 residency, Environmental Justice |
13 | | Community residency, foster care system participation, and |
14 | | justice-involvement for the owners of contractors;
|
15 | | (3) the number of partnerships with participant |
16 | | contractors that are expected to result in contracts for |
17 | | work by the participant contractor, by race, gender, |
18 | | geographic location, R3 residency, Environmental Justice |
19 | | Community residency, foster care system participation, and |
20 | | justice-involvement for the owners of contractors;
|
21 | | (4) changes in participant contractors' business |
22 | | revenue, by race, gender, geographic location, R3 |
23 | | residency, Environmental Justice Community residency, |
24 | | foster care system participation, and justice-involvement |
25 | | for the owners of contractors;
|
26 | | (5) the number of new hires by participant |
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1 | | contractors, by race, gender, geographic location, R3 |
2 | | residency, Environmental Justice Community residency, |
3 | | foster care system participation, and justice-involvement;
|
4 | | (6) demographic data, including race, gender, |
5 | | geographic location, R3 residency, Environmental Justice |
6 | | Community residency, foster care system participation, and |
7 | | justice-involvement, and average wage data, for new hires |
8 | | by participant contractors;
|
9 | | (7) certifications held by participant contractors, |
10 | | and number of participants holding each certification, |
11 | | including, but not limited to, registration under the |
12 | | Business Enterprise for Minorities, Women, and Persons |
13 | | with Disabilities Act program and other programs intended |
14 | | to certify BIPOC entities;
|
15 | | (8) the number of Program sessions attended by |
16 | | participant contractors, aggregated by race; and
|
17 | | (9) indicators relevant for assessing the general |
18 | | financial health of participant contractors.
|
19 | | (h) Within 3 years after the effective date of this Act, |
20 | | the Department shall select an independent evaluator to review |
21 | | and prepare a report on the performance of the Program and |
22 | | Regional Administrators. The report shall be posted publicly.
|
23 | | Section 5-50. Returning Residents Clean Jobs Training |
24 | | Program.
|
25 | | (a) Subject to appropriation, the Department shall develop |
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1 | | and, in coordination with the Department of Corrections, |
2 | | administer the Returning Residents Clean Jobs Training |
3 | | Program.
|
4 | | (b) As used in this Section:
|
5 | | "Commitment" means a judicially determined placement in |
6 | | the custody of the Department of Corrections on the basis of a |
7 | | conviction.
|
8 | | "Committed person" means a person committed to the |
9 | | Department of Corrections.
|
10 | | "Community-based organization" means an organization that: |
11 | | (1) provides employment, skill development, or related |
12 | | services to members of the community; |
13 | | (2) includes community colleges, nonprofits, and local |
14 | | governments; and |
15 | | (3) has a history of serving committed persons or |
16 | | justice-involved persons.
|
17 | | "Correctional institution or facility" means a Department |
18 | | of Corrections building or part of a Department of Corrections |
19 | | building where committed persons are detained in a secure |
20 | | manner.
|
21 | | "Department" means the Department of Commerce and Economic |
22 | | Opportunity.
|
23 | | "Discharge" means the end of a sentence or the final |
24 | | termination of a detainee's physical commitment to and |
25 | | confinement in the Department of Corrections.
|
26 | | "Program" means the Returning Residents Clean Jobs |
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| | SB2408 Enrolled | - 31 - | LRB102 11366 BMS 16699 b |
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1 | | Training Program. |
2 | | "Program Administrator" means, for each Program Delivery |
3 | | Area, the administrator selected by the Department pursuant to |
4 | | paragraph (1) of subsection (g) of this Section.
|
5 | | "Returning resident" means any United States resident who |
6 | | is: (i) 17 years of age or older; (ii) in the physical custody |
7 | | of the Department of Corrections; and (iii) scheduled to be |
8 | | re-entering society within 36 months.
|
9 | | (c) Returning Residents Clean Jobs Training Program.
|
10 | | (1) Connected services. The Program shall prepare |
11 | | graduates to work in the clean energy and related sector |
12 | | jobs as defined in Section 5-25.
|
13 | | (2) Recruitment of participants. The Program |
14 | | Administrators shall, in coordination with the Department |
15 | | of Commerce and Economic Opportunity, educate committed |
16 | | persons in both men's and women's correctional |
17 | | institutions and facilities on the benefits of the Program |
18 | | and how to enroll in the Program.
|
19 | | (3) Connection to employers. The Program |
20 | | Administrators shall, with assistance from the Regional |
21 | | Administrators, connect Program graduates with potential |
22 | | employers in the clean energy jobs industries.
|
23 | | (4) Graduation. Participants who successfully complete |
24 | | all assignments in the Program shall receive a Program |
25 | | graduation certificate and any certifications or |
26 | | credentials earned in the process.
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1 | | (5) Eligibility. A committed person in a correctional |
2 | | institution or facility is eligible if the committed |
3 | | person:
|
4 | | (i) is within 36 months of expected release;
|
5 | | (ii) consented in writing to participation in the |
6 | | Program; |
7 | | (iii) meets all Program and testing requirements;
|
8 | | (iv) is willing to follow all Program |
9 | | requirements;
and |
10 | | (v) does not pose a safety and security risk for |
11 | | the facility or any person.
|
12 | | The Department of Corrections shall have sole discretion |
13 | | to determine whether a committed person's participation in the |
14 | | Program poses a safety and security risk for the facility or |
15 | | any person. The Department of Corrections shall determine |
16 | | whether a committed person is eligible to participate in the |
17 | | Program.
|
18 | | (d) Program entry and testing requirements. To enter the |
19 | | Returning Residents Clean Jobs Training Program, committed |
20 | | persons must complete a simple application, undergo an |
21 | | interview and coaching session, and must score a minimum of a |
22 | | 6.0 or above on the Test for Adult Basic Education or the |
23 | | Illinois Community College Board approved assessment for |
24 | | determining basic skills deficiency. The Returning Residents |
25 | | Clean Jobs Training Program shall include a one-week |
26 | | pre-program orientation that ensures the candidates understand |
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1 | | and are interested in continuing the Program. Candidates that |
2 | | successfully complete the orientation may continue to the full |
3 | | Program.
|
4 | | (d-5) Training. Once approved for the new program, |
5 | | candidates must receive essential employability skills |
6 | | training as part of vocational or occupational training. |
7 | | Training must lead to certifications or credentials that |
8 | | prepare candidates for employment. |
9 | | (e) Removal from the Program. The Department of |
10 | | Corrections may remove a committed person enrolled in the |
11 | | Program for violation of institutional rules; failure to |
12 | | participate or meet expectations of the Program; failure of a |
13 | | drug test; disruptive behavior; or for reasons of safety, |
14 | | security, and order of the facility.
|
15 | | (f) Drug testing. A clean drug test is required to |
16 | | complete the Returning Residents Clean Jobs Training Program. |
17 | | A drug test shall be administered at least once prior to |
18 | | graduation. The Department of Corrections shall be responsible |
19 | | for the drug testing of applicants.
|
20 | | (g) Curriculum.
|
21 | | (1) The Department of Commerce and Economic |
22 | | Opportunity shall design a curriculum for the Program that |
23 | | is as similar as practical to the Clean Jobs Curriculum |
24 | | and meets in-facility requirements. The curriculum shall |
25 | | focus on preparing graduates for employment in the clean |
26 | | energy and related sector jobs as defined in Section 5-25. |
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1 | | The Program shall include structured hands-on activities |
2 | | in correctional institutions or facilities, including |
3 | | classroom spaces and outdoor spaces, to instruct |
4 | | participants in the core curriculum established in this |
5 | | Act. The Department and the Department of Corrections |
6 | | shall work together to ensure all curriculum elements may |
7 | | be available within Department of Corrections facilities.
|
8 | | (2) The Program Administrators shall collaborate to |
9 | | create and publish a guidebook that allows for the |
10 | | implementation of the curriculum and provides information |
11 | | on all necessary and useful resources for Program |
12 | | participants and graduates.
|
13 | | (h) Program administration.
|
14 | | (1) The Department of Commerce and Economic |
15 | | Opportunity shall select a Program Administrator for each |
16 | | Program Delivery Area to administer and coordinate the |
17 | | Program. The Program Administrators shall have strong |
18 | | capabilities, experience, and knowledge related to program |
19 | | development and economic management; cultural and language |
20 | | competency needed to be effective in the communities to be |
21 | | served; committed persons or justice-involved persons; |
22 | | knowledge and experience in working with providers of |
23 | | clean energy jobs; and awareness of clean energy and |
24 | | related sector trends and activities, workforce |
25 | | development best practices, regional workforce development |
26 | | needs, and community development. |
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1 | | The Program Administrator must pass a background check |
2 | | administered by the Department of Corrections and be |
3 | | approved by the Department of Corrections to work within a |
4 | | secure facility prior to being hired by the Department of |
5 | | Commerce and Economic Opportunity for a Program delivery |
6 | | area.
|
7 | | (2) The Program Administrators shall:
|
8 | | (i) coordinate with Regional Administrators and |
9 | | the Clean Jobs Workforce Network Program to ensure |
10 | | that execution, performance, partnerships, marketing, |
11 | | and Program access across the State consistent with |
12 | | respecting regional differences;
|
13 | | (ii) work with community-based organizations |
14 | | approved to provide industry-recognized credentials or |
15 | | education institutions to deliver the Program;
|
16 | | (iii) collaborate to create and publish an |
17 | | employer "Hiring Returning Residents" handbook that |
18 | | includes benefits and expectations of hiring returning |
19 | | residents, guidance on how to recruit, hire, and |
20 | | retain returning residents, guidance on how to access |
21 | | State and federal tax credits and incentives and State |
22 | | and federal resources, guidance on how to update |
23 | | company policies to support hiring and supporting |
24 | | returning residents, and an understanding of the harm |
25 | | in one-size-fits-all policies toward returning |
26 | | residents. The handbook shall be updated every 5 years |
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1 | | or more frequently if needed to ensure that its |
2 | | contents are accurate. The handbook shall be made |
3 | | available on the Department's website;
|
4 | | (iv) work with potential employers to promote |
5 | | company policies to support hiring and supporting |
6 | | returning residents via employee/employer liability, |
7 | | coverage, insurance, bonding, training, hiring |
8 | | practices, and retention support;
|
9 | | (v) provide services such as job coaching and |
10 | | financial coaching to Program graduates to support |
11 | | employment longevity;
and |
12 | | (vi) identify clean energy job opportunities and |
13 | | assist participants in achieving employment. The |
14 | | Program shall include at least one job fair; include |
15 | | job placement discussions with clean energy employers; |
16 | | establish a partnership with Illinois solar energy |
17 | | businesses and trade associations to identify solar |
18 | | employers that support and hire returning residents; |
19 | | and involve the Department of Commerce and Economic |
20 | | Opportunity, Regional Administrators, and the Advisory |
21 | | Council in finding employment for participants and |
22 | | graduates in the clean energy and related sector |
23 | | industries. |
24 | | (3) The Department shall select community-based |
25 | | organizations to provide Program elements at each |
26 | | facility. Community-based organizations shall be |
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| | SB2408 Enrolled | - 37 - | LRB102 11366 BMS 16699 b |
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1 | | competitively selected by the Department of Commerce and |
2 | | Economic Opportunity. Community-based organizations |
3 | | delivering the Program elements outlined may provide all |
4 | | elements required or may subcontract to other entities for |
5 | | the provision of portions of Program elements. All |
6 | | contractors who have regular interactions with committed |
7 | | persons, regularly access a Department of Corrections |
8 | | facility, or regularly access a committed person's |
9 | | personal identifying information or other data elements |
10 | | must pass a Department of Corrections background check |
11 | | prior to being approved to administer the Program elements |
12 | | at a facility.
|
13 | | (4) The Department of Corrections shall aim to include |
14 | | training in conjunction with other pre-release procedures |
15 | | and movements. Delays in a workshop being provided shall |
16 | | not cause delays in discharge.
|
17 | | (5) The Program Administrators may establish shortened |
18 | | Returning Resident Clean Jobs Training Programs to prepare |
19 | | and place graduates in the Clean Jobs Workforce Network |
20 | | Program or the Illinois Climate Works Preapprenticeship |
21 | | Program following the graduate's release from commitment. |
22 | | Graduates of these programs shall receive training that |
23 | | leads to certification or credentials designed to lead to |
24 | | employment and shall be prioritized for placement in a |
25 | | Clean Jobs Workforce Hubs training program or the Illinois |
26 | | Climate Works Preapprenticeship Program.
|
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1 | | (6) The Director of Corrections shall:
|
2 | | (i) Ensure that the wardens or superintendents of |
3 | | all correctional institutions and facilities visibly |
4 | | post information on the Program in an accessible |
5 | | manner for committed individuals.
|
6 | | (ii) Identify the institutions and facilities |
7 | | within the Department of Corrections that will offer |
8 | | the Program. The determination of which facility will |
9 | | offer the Program shall be based on available |
10 | | programming space, staffing, population, facility |
11 | | mission, security concerns, and any other relevant |
12 | | factor in determining suitable locations for the |
13 | | Program.
|
14 | | (i) Performance metrics.
|
15 | | (1) The Program Administrators shall collect data to |
16 | | evaluate and ensure Program and participant success, |
17 | | including:
|
18 | | (i) the number of returning residents who enrolled |
19 | | in the Program;
|
20 | | (ii) the number of returning residents who |
21 | | completed the Program;
|
22 | | (iii) the total number of individuals discharged;
|
23 | | (iv) the demographics of each entering and |
24 | | graduating class;
|
25 | | (v) the percentage of graduates employed at 6 and |
26 | | 12 months after release;
|
|
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1 | | (vi) the recidivism rate of Program participants |
2 | | at 3 and 5 years after release;
|
3 | | (vii) the candidates interviewed and hiring |
4 | | status;
|
5 | | (viii) the graduate employment status, such as |
6 | | hire date, pay rates, whether full-time, part-time, or |
7 | | seasonal, and separation date; and
|
8 | | (ix) continuing education and certifications |
9 | | gained by Program graduates.
|
10 | | (2) The Department of Commerce and Economic |
11 | | Opportunity shall publish an annual report containing |
12 | | these performance metrics. Data may be disaggregated by |
13 | | institution, discharge, or residence address of resident, |
14 | | and other factors.
|
15 | | (j) Funding. Funding for the Program is subject to |
16 | | appropriation from the Energy Transition Assistance Fund. |
17 | | Funding may be made available from other lawful sources, |
18 | | including donations, grants, and federal incentives. |
19 | | (k) Access. The Program instructors and staff must pass a |
20 | | background check administered by the Department of Corrections |
21 | | prior to entering a Department of Corrections institution or |
22 | | facility. The Warden or Superintendent shall have the |
23 | | authority to deny a Program instructor or staff member entry |
24 | | into an institution or facility for safety and security |
25 | | concerns or failure to follow all facility procedures or |
26 | | protocols. A Program instructor or staff member administering |
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1 | | the Program may be terminated or have his or her contract |
2 | | canceled if the Program instructor or staff member is denied |
3 | | entry into an institution or facility for safety and security |
4 | | concerns. |
5 | | Section 5-55. Clean Energy Primes Contractor Accelerator |
6 | | Program.
|
7 | | (a) As used in this Section:
|
8 | | "Approved vendor" means the definition of that term used |
9 | | and as may be updated by the Illinois Power Agency.
|
10 | | "Minority business" means a minority-owned business as |
11 | | defined in Section 2 of the Business Enterprise for |
12 | | Minorities, Women, and Persons with Disabilities Act.
|
13 | | "Minority Business Enterprise certification" means the |
14 | | certification or recognition certification affidavit from the |
15 | | State of Illinois Department of Central Management Services |
16 | | Business Enterprise Program or a program with equivalent |
17 | | requirements.
|
18 | | "Program" means the Clean Energy Primes Contractor |
19 | | Accelerator Program. |
20 | | "Returning resident" has the meaning given to that term in |
21 | | Section 5-50 of this Act.
|
22 | | (b) Subject to appropriation, the Department shall |
23 | | develop, and through a Primes Program Administrator and |
24 | | Regional Primes Program Leads described in this Section, |
25 | | administer the Clean Energy Primes Contractor Accelerator |
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1 | | Program. The Program shall be administered in 3 program |
2 | | delivery areas: the Northern Illinois Program Delivery Area |
3 | | covering Northern Illinois, the Central Illinois Program |
4 | | Delivery Area covering Central Illinois, and the Southern |
5 | | Illinois Program Delivery Area covering Southern Illinois. |
6 | | Prior to developing the Program, the Department shall solicit |
7 | | public comments, with a 30-day comment period, to gather input |
8 | | on Program implementation and associated community outreach |
9 | | options.
|
10 | | (c) The Program shall be available to selected contractors |
11 | | who best meet the following criteria:
|
12 | | (1) 2 or more years of experience in a clean energy or |
13 | | a related contracting field;
|
14 | | (2) at least $5,000 in annual business;
and |
15 | | (3) a substantial and demonstrated commitment of |
16 | | investing in and partnering with individuals and |
17 | | institutions in equity investment eligible communities.
|
18 | | (c-5) The Department shall develop scoring criteria to |
19 | | select contractors for the Program, which shall consider:
|
20 | | (1) projected hiring and industry job creation, |
21 | | including wage and benefit expectations;
|
22 | | (2) a clear vision of strategic business growth and |
23 | | how increased capitalization would benefit the business;
|
24 | | (3) past project work quality and demonstration of |
25 | | technical knowledge;
|
26 | | (4) capacity the applicant is anticipated to bring to |
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1 | | project development;
|
2 | | (5) willingness to assume risk;
|
3 | | (6) anticipated revenues from future projects;
|
4 | | (7) history of commitment to advancing equity as |
5 | | demonstrated by, among other things, employment of or |
6 | | ownership by equity investment eligible persons and a |
7 | | history of partnership with equity focused community |
8 | | organizations or government programs; and
|
9 | | (8) business models that build wealth in the larger |
10 | | underserved community.
|
11 | | Applicants for Program participation shall be allowed to |
12 | | reapply for a future cohort if they are not selected, and the |
13 | | Primes Program Administrator shall inform each applicant of |
14 | | this option.
|
15 | | (d) The Department, in consultation with the Primes |
16 | | Program Administrator and Regional Primes Program Leads, shall |
17 | | select a new cohort of participant contractors from each |
18 | | Program Delivery Area every 18 months. Each regional cohort |
19 | | shall include between 3 and 5 participants. The Program shall |
20 | | cap contractors in the energy efficiency sector at 50% of |
21 | | available cohort spots and 50% of available grants and loans, |
22 | | if possible.
|
23 | | (e) The Department shall hire a Primes Program |
24 | | Administrator with experience in leading a large |
25 | | contractor-based business in Illinois; coaching and mentoring; |
26 | | the Illinois clean energy industry; and working with equity |
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1 | | investment eligible community members, organizations, and |
2 | | businesses.
|
3 | | (f) The Department shall select 3 Regional Primes Program |
4 | | Leads who shall report directly to the Primes Program |
5 | | Administrator. The Regional Primes Program Leads shall be |
6 | | located within their Program Delivery Area and have experience |
7 | | in leading a large contractor-based business in Illinois; |
8 | | coaching and mentoring; the Illinois clean energy industry; |
9 | | developing relationships with companies in the Program |
10 | | Delivery Area; and working with equity investment eligible |
11 | | community members, organizations, and businesses.
|
12 | | (g) The Department may determine how Program elements will |
13 | | be delivered or may contract with organizations with |
14 | | experience delivering the Program elements described in |
15 | | subsection (h) of this Section.
|
16 | | (h) The Clean Energy Primes Contractor Accelerator Program |
17 | | shall provide participants with:
|
18 | | (1) a 5-year, 6-month progressive course of one-on-one |
19 | | coaching to assist each participant in developing an |
20 | | achievable 5-year business plan, including review of |
21 | | monthly metrics, and advice on achieving participant's |
22 | | goals;
|
23 | | (2) operational support grants not to exceed |
24 | | $1,000,000 annually to support the growth of participant |
25 | | contractors with access to capital for upfront project |
26 | | costs and pre-development funding, among others. The |
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1 | | amount of the grant shall be based on anticipated project |
2 | | size and scope;
|
3 | | (3) business coaching based on the participant's |
4 | | needs;
|
5 | | (4) a mentorship of approximately 2 years provided by |
6 | | a qualified company in the participant's field;
|
7 | | (5) access to Clean Energy Contractor Incubator |
8 | | Program services;
|
9 | | (6) assistance with applying for Minority Business |
10 | | Enterprise certification and other relevant certifications |
11 | | and approved vendor status for programs offered by |
12 | | utilities or other entities;
|
13 | | (7) assistance with preparing bids and Request for |
14 | | Proposal applications;
|
15 | | (8) opportunities to be listed in any relevant |
16 | | directories and databases organized by the Department of |
17 | | Central Management Services;
|
18 | | (9) opportunities to connect with participants in |
19 | | other Department programs;
|
20 | | (10) assistance connecting with and initiating |
21 | | participation in the Illinois Power Agency's Adjustable |
22 | | Block program, the Illinois Solar for All Program, and |
23 | | utility programs; and
|
24 | | (11) financial development assistance programs such as |
25 | | zero-interest and low-interest loans with the Climate Bank |
26 | | as established by Article 850 of the Illinois Finance |
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1 | | Authority Act or a comparable financing mechanism. The |
2 | | Illinois Finance Authority shall retain authority to |
3 | | determine loan repayment terms and conditions.
|
4 | | (i) The Primes Program Administrator shall:
|
5 | | (1) collect and report performance metrics as |
6 | | described in this Section;
|
7 | | (2) review and assess:
|
8 | | (i) participant work plans and annual goals; and
|
9 | | (ii) the mentorship program, including approved |
10 | | mentor companies and their stipend awards;
and |
11 | | (3) work with the Regional Primes Program Leads to |
12 | | publicize the Program; design and implement a mentorship |
13 | | program; and ensure participants are quickly on-boarded.
|
14 | | (j) The Regional Primes Program Leads shall:
|
15 | | (1) publicize the Program; the budget shall include |
16 | | funds to pay community-based organizations with a track |
17 | | record of working with equity investment eligible |
18 | | communities to complete this work;
|
19 | | (2) recruit qualified Program applicants;
|
20 | | (3) assist Program applicants with the application |
21 | | process;
|
22 | | (4) introduce participants to the Program offerings;
|
23 | | (5) conduct entry and annual assessments with |
24 | | participants to identify training, coaching, and other |
25 | | Program service needs;
|
26 | | (6) assist participants in developing goals on entry |
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1 | | and annually, and assessing progress toward meeting the |
2 | | goals;
|
3 | | (7) establish a metric reporting system with each |
4 | | participant and track the metrics for progress against the |
5 | | contractor's work plan and Program goals;
|
6 | | (8) assist participants in receiving their Minority |
7 | | Business Enterprise certification and any other relevant |
8 | | certifications and approved vendor statuses; |
9 | | (9) match participants with Clean Energy Contractor |
10 | | Incubator Program offerings and individualized expert |
11 | | coaching, including training on working with returning |
12 | | residents and companies that employ them;
|
13 | | (10) pair participants with a mentor company;
|
14 | | (11) facilitate connections between participants and |
15 | | potential subcontractors and employees;
|
16 | | (12) dispense a participant's awarded operational |
17 | | grant funding;
|
18 | | (13) connect participants to zero-interest and |
19 | | low-interest loans from the Climate Bank as established by |
20 | | Article 850 of the Illinois Finance Authority Act or a |
21 | | comparable financing mechanism;
|
22 | | (14) encourage participants to apply for appropriate |
23 | | State and private business opportunities;
|
24 | | (15) review a participant's progress and make a |
25 | | recommendation to the Department about whether the |
26 | | participant should continue in the Program, be considered |
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1 | | a Program graduate, and whether adjustments should be made |
2 | | to a participant's grant funding, loans, and related |
3 | | services;
|
4 | | (16) solicit information from participants, which |
5 | | participants shall be required to provide, necessary to |
6 | | understand the participant's business, including financial |
7 | | and income information, certifications that the |
8 | | participant is seeking to obtain, and ownership, employee, |
9 | | and subcontractor data, including compensation, length of |
10 | | service, and demographics; and
|
11 | | (17) other duties as required.
|
12 | | (k) Performance metrics. The Primes Program Administrator |
13 | | and Regional Primes Program Leads shall collaborate to collect |
14 | | and report the following metrics quarterly to the Department |
15 | | and Advisory Council:
|
16 | | (1) demographic information on cohort recruiting and |
17 | | formation, including racial, gender, geographic |
18 | | distribution data, and data on the number and percentage |
19 | | of R3 residents, environmental justice community |
20 | | residents, foster care alumni, and formerly convicted |
21 | | persons who are cohort applicants and admitted |
22 | | participants; |
23 | | (2) participant contractor engagement in other |
24 | | Illinois clean energy programs such as the Adjustable |
25 | | Block program, Illinois Solar for All Program, and the |
26 | | utility-run energy efficiency and electric vehicle |
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1 | | programs; |
2 | | (3) retention of participants in each cohort;
|
3 | | (4) total projects bid, started, and completed by |
4 | | participants, including information about revenue, hiring, |
5 | | and subcontractor relationships with projects; |
6 | | (5) certifications issued;
|
7 | | (6) employment data for contractor hires and industry |
8 | | jobs created, including demographic, salary, length of |
9 | | service, and geographic data;
|
10 | | (7) grants and loans distributed; and
|
11 | | (8) participant satisfaction with the Program.
|
12 | | The metrics in paragraphs (2), (4), and (6) shall be |
13 | | collected from Program participants and graduates for 10 years |
14 | | from their entrance into the Program to help the Department |
15 | | and Program Administrators understand the Program's long-term |
16 | | effect.
|
17 | | Data should be anonymized where needed to protect |
18 | | participant privacy. |
19 | | The Department shall make such reports publicly available |
20 | | on its website. |
21 | | (l) Mentorship Program.
|
22 | | (1) The Regional Primes Program Leads shall recruit, |
23 | | and the Primes Program Administrator shall select, with |
24 | | approval from the Department, private companies with the |
25 | | following qualifications to mentor participants and assist |
26 | | them in succeeding in the clean energy industry:
|
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1 | | (i) excellent standing with state clean energy |
2 | | programs;
|
3 | | (ii) 4 or more years of experience in their field; |
4 | | and
|
5 | | (iii) a proven track record of success in their |
6 | | field.
|
7 | | (2) Mentor companies may receive a stipend, determined |
8 | | by the Department, for their participation. Mentor |
9 | | companies may identify what level of stipend they require.
|
10 | | (3) The Primes Program Administrator shall develop |
11 | | guidelines for mentor company-mentee profit sharing or |
12 | | purchased services agreements.
|
13 | | (4) The Regional Primes Program Leads shall:
|
14 | | (i) collaborate with mentor companies and |
15 | | participants to create a plan for ongoing contact such |
16 | | as on-the-job training, site walkthroughs, business |
17 | | process and structure walkthroughs, quality assurance |
18 | | and quality control reviews, and other relevant |
19 | | activities;
|
20 | | (ii) recommend the mentor company-mentee pairings |
21 | | and associated mentor company stipends for approval; |
22 | | (iii) conduct an annual review of each mentor |
23 | | company-mentee pairing and recommend whether the |
24 | | pairing continues for a second year and the level of |
25 | | stipend that is appropriate. The review shall also |
26 | | ensure that any profit sharing and purchased services |
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1 | | agreements adhere to the guidelines established by the |
2 | | Primes Program Administrator.
|
3 | | (5) Contractors may request reassignment to a new |
4 | | mentor company.
|
5 | | (m) Disparity study. The Program Administrator shall |
6 | | cooperate with the Illinois Power Agency in the conduct of a |
7 | | disparity study, as described in subsection (c-15) of Section |
8 | | 1-75 of the Illinois Power Agency Act, and in the effectuation |
9 | | of appropriate remedies necessary to address any |
10 | | discrimination that such study may find. Potential remedies |
11 | | shall include, but not be limited to, race-conscious remedies |
12 | | to rapidly eliminate discrimination faced by minority |
13 | | businesses and works in the industry this Program serves, |
14 | | consistent with the law. Remedies shall be developed through |
15 | | consultation with individuals, companies, and organizations |
16 | | that have expertise on discrimination faced in the market and |
17 | | potential legally permissible remedies for addressing it. |
18 | | Notwithstanding any other requirement of this Section, the |
19 | | Program Administrator shall modify program participation |
20 | | criteria or goals as soon as the report has been published, in |
21 | | such a way as is consistent with state and federal law, to |
22 | | rapidly eliminate discrimination on minority businesses and |
23 | | workers in the industry this Program serves by setting |
24 | | standards for Program participation. This study will be paid |
25 | | for with funds from the Energy Transition Assistance Fund or |
26 | | any other lawful source.
|
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1 | | (n) Program budget.
|
2 | | (1) The Department may allocate up to $3,000,000 |
3 | | annually to
the Primes Program Administrator for each of |
4 | | the 3 regional budgets from the Energy Transition |
5 | | Assistance Fund.
|
6 | | (2) The Primes Program Administrator shall work with |
7 | | the Illinois Finance Authority and the Climate Bank as |
8 | | established by Article 850 of the Illinois Finance |
9 | | Authority Act or comparable financing institution so that |
10 | | loan loss reserves may be sufficient to underwrite |
11 | | $7,000,000 in low-interest loans in each of the 3 Program |
12 | | delivery areas.
|
13 | | (3) Any grant and loan funding shall be made available |
14 | | to participants in a timely fashion.
|
15 | | Section 5-60. Jobs and Environmental Justice Grant |
16 | | Program.
|
17 | | (a) In order to provide upfront capital to support the |
18 | | development of projects, businesses, community organizations, |
19 | | and jobs creating opportunity for historically disadvantaged |
20 | | populations, and to provide seed capital to support community |
21 | | ownership of renewable energy projects, the Department of |
22 | | Commerce and Economic Opportunity shall create and administer |
23 | | a Jobs and Environmental Justice Grant Program. The grant |
24 | | program shall be designed to help remove barriers to project, |
25 | | community, and business development caused by a lack of |
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1 | | capital.
|
2 | | (b) The grant program shall provide grant awards of up to |
3 | | $1,000,000 per application to support the development of |
4 | | renewable energy resources as defined in Section 1-10 of the |
5 | | Illinois Power Agency Act, and energy efficiency measures as |
6 | | defined in Section 8-103B of the Public Utilities Act. The |
7 | | amount of a grant award shall be based on a project's size and |
8 | | scope. Grants shall be provided upfront, in advance of other |
9 | | incentives, to provide businesses, organizations, and |
10 | | community groups with capital needed to plan, develop, and |
11 | | execute a project. Grants shall be designed to coordinate with |
12 | | and supplement existing incentive programs, such as the |
13 | | Adjustable Block program, the Illinois Solar for All Program, |
14 | | the community renewable generation projects, and renewable |
15 | | energy procurements as described in the Illinois Power Agency |
16 | | Act, as well as utility energy efficiency measures as |
17 | | described in Section 8-103B of the Public Utilities Act.
|
18 | | (c) The Jobs and Environmental Justice Grant Program shall |
19 | | include 2 subprograms: |
20 | | (1) the Equitable Energy Future Grant Program; and |
21 | | (2) the Community Solar Energy Sovereignty Grant |
22 | | Program. |
23 | | (d) The Equitable Energy Future Grant Program is designed |
24 | | to provide seed funding and pre-development funding |
25 | | opportunities for equity eligible contractors.
|
26 | | (1) The Equitable Energy Future Grant shall be awarded |
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1 | | to businesses and nonprofit organizations for costs |
2 | | related to the following activities and project needs:
|
3 | | (i) planning and project development, including |
4 | | costs for professional services such as architecture, |
5 | | design, engineering, auditing, consulting, and |
6 | | developer services;
|
7 | | (ii) project application, deposit, and approval;
|
8 | | (iii) purchasing and leasing of land;
|
9 | | (iv) permitting and zoning;
|
10 | | (v) interconnection application costs and fees, |
11 | | studies, and expenses;
|
12 | | (vi) equipment and supplies;
|
13 | | (vii) community outreach, marketing, and |
14 | | engagement; and |
15 | | (viii) staff and operations expenses.
|
16 | | (2) Grants shall be awarded to projects that most |
17 | | effectively provide opportunities for equity eligible |
18 | | contractors and equity investment eligible communities, |
19 | | and should consider the following criteria:
|
20 | | (i) projects that provide community benefits, |
21 | | which are projects that have one or more of the |
22 | | following characteristics: (A) greater than 50% of the |
23 | | project's energy provided or saved benefits low-income |
24 | | residents, or (B) the project benefits not-for-profit |
25 | | organizations providing services to low-income |
26 | | households, affordable housing owners, or |
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1 | | community-based limited liability companies providing |
2 | | services to low-income households;
|
3 | | (ii) projects that are located in equity |
4 | | investment eligible communities;
|
5 | | (iii) projects that provide on-the-job training;
|
6 | | (iv) projects that contract with contractors who |
7 | | are participating or have participated in the Clean |
8 | | Energy Contractor Incubator Program, Clean Energy |
9 | | Primes Contractor Accelerator Program, or similar |
10 | | programs; and
|
11 | | (v) projects employ a minimum of 51% of its |
12 | | workforce from participants and graduates of the Clean |
13 | | Jobs Workforce Network Program, Illinois Climate Works |
14 | | Preapprenticeship Program, and Returning Residents |
15 | | Clean Jobs Training Program.
|
16 | | (3) Grants shall be awarded to applicants that meet |
17 | | the following criteria:
|
18 | | (i) are equity eligible contractors per the equity |
19 | | accountability systems described in subsection (c-10) |
20 | | of Section 1-75 of the Illinois Power Agency Act, or |
21 | | meet the equity building criteria in paragraph (9.5) |
22 | | of subsection (g) of Section 8-103B of the Public |
23 | | Utilities Act; and
|
24 | | (ii) provide demonstrable proof of a historical or |
25 | | future, and persisting, long-term partnership with the |
26 | | community in which the project will be located.
|
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1 | | (e) The Community Solar Energy Sovereignty Grant Program |
2 | | shall be designed to support the pre-development and |
3 | | development of community solar projects that promote community |
4 | | ownership and energy sovereignty.
|
5 | | (1) Grants shall be awarded to applicants that best |
6 | | demonstrate the ability and intent to create community |
7 | | ownership and other local community benefits, including |
8 | | local community wealth building via community renewable |
9 | | generation projects. Grants shall be prioritized to |
10 | | applicants for whom:
|
11 | | (i) the proposed project is located in and |
12 | | supporting an equity investment eligible community or |
13 | | communities;
and |
14 | | (ii) the proposed project provides additional |
15 | | benefits for participating low-income households.
|
16 | | (2) Grant funds shall be awarded to support project |
17 | | pre-development work and may also be awarded to support |
18 | | the development of programs and entities to assist in the |
19 | | long-term governance, management, and maintenance of |
20 | | community solar projects, such as community solar |
21 | | cooperatives. For example, funds may be awarded for:
|
22 | | (i) early stage project planning;
|
23 | | (ii) project team organization;
|
24 | | (iii) site identification;
|
25 | | (iv) organizing a project business model and |
26 | | securing financing;
|
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1 | | (v) procurement and contracting; |
2 | | (vi) customer outreach and enrollment; |
3 | | (vii) preliminary site assessments; |
4 | | (viii) development of cooperative or community |
5 | | ownership model; and
|
6 | | (ix) development of project models that allocate |
7 | | benefits to equity investment eligible communities.
|
8 | | (3) Grant recipients shall submit reports to the |
9 | | Department at the end of the grant term on the activities |
10 | | pursued under their grant and any lessons learned for |
11 | | publication on the Department's website so that other |
12 | | energy sovereignty projects may learn from their |
13 | | experience.
|
14 | | (4) Eligible applicants shall include community-based |
15 | | organizations, as defined in the Illinois Power Agency's |
16 | | long-term renewable resources procurement plan, or |
17 | | technical service providers working in direct partnership |
18 | | with community-based organizations.
|
19 | | (5) The amount of a grant shall be based on a projects' |
20 | | size and scope. Grants shall allow for a significant |
21 | | portion, or the entirety, of the grant value to be made |
22 | | upfront, in advance of other incentives, to ensure |
23 | | businesses and organizations have the capital needed to |
24 | | plan, develop, and execute a project.
|
25 | | (f) The application process for both subprograms shall not |
26 | | be burdensome on applicants, nor require extensive technical |
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1 | | knowledge, and shall be able to be completed on less than 4 |
2 | | standard letter-sized pages.
|
3 | | (g) These grant subprograms may be coordinated with |
4 | | low-interest and no-interest financing opportunities offered |
5 | | through the Clean Energy Jobs and Justice Fund.
|
6 | | (h) The grant subprograms may have a budget of up to |
7 | | $34,000,000 per year. No more than 25% of the allocated budget |
8 | | shall go to the Community Solar Energy Sovereignty Grant |
9 | | Program.
|
10 | | Section 5-65. Energy Workforce Advisory Council. |
11 | | (a) The Energy Workforce Advisory Council is hereby |
12 | | created within the Department. |
13 | | (b) The Council shall consist of the following voting |
14 | | members appointed by the Governor with the advice and consent |
15 | | of the Senate, chosen to ensure diverse geographic |
16 | | representation: |
17 | | (1) two members representing trade associations |
18 | | representing companies active in the clean energy |
19 | | industries; |
20 | | (2) two members representing a labor union; |
21 | | (3) one member who has participated in the workforce |
22 | | development programs created under this Act; |
23 | | (4) two members representing higher education; |
24 | | (5) two members representing economic development |
25 | | organizations; |
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| | SB2408 Enrolled | - 58 - | LRB102 11366 BMS 16699 b |
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1 | | (6) two members representing local workforce |
2 | | innovation boards; |
3 | | (7) two residents of environmental justice |
4 | | communities; |
5 | | (8) three members from community-based organizations |
6 | | in environmental justice communities and community-based |
7 | | organizations serving low-income persons and families; |
8 | | (9) two members who are policy or implementation |
9 | | experts on small business development, contractor |
10 | | incubation, or small business lending and financing needs; |
11 | | (10) two members who are policy or implementation |
12 | | experts on workforce development for populations and |
13 | | individuals such as low-income persons and families, |
14 | | environmental justice communities, BIPOC communities, |
15 | | formerly convicted persons, persons who are or were in the |
16 | | child welfare system, energy workers, gender nonconforming |
17 | | and transgender individuals, and youth; and |
18 | | (11) two representatives of clean energy businesses, |
19 | | nonprofit organizations, or other groups that provide |
20 | | clean energy. |
21 | | The President of the Senate, the Minority Leader of the |
22 | | Senate, the Speaker of the House of Representatives, and the |
23 | | Minority Leader of the House of Representatives shall each |
24 | | appoint 2 nonvoting members of the Council. |
25 | | (c) The Council shall: |
26 | | (1) coordinate and inform on worker and contractor |
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| | SB2408 Enrolled | - 59 - | LRB102 11366 BMS 16699 b |
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1 | | support priorities beyond current federal, State, local, |
2 | | and private programs and resources; |
3 | | (2) advise and produce recommendations for further |
4 | | federal, State, and local programs and activities; |
5 | | (3) fulfill other duties determined by the Council to |
6 | | further the success of the Workforce Hubs, Incubators, and |
7 | | Returning Residents Programs; |
8 | | (4) review program performance metrics; |
9 | | (5) provide recommendations to the Department on the |
10 | | administration of the following programs: |
11 | | (i) the Clean Jobs Workforce Network Program; |
12 | | (ii) the Illinois Climate Works Preapprenticeship |
13 | | Program; |
14 | | (iii) the Clean Energy Contractor Incubator |
15 | | Program; |
16 | | (iv) the Returning Residents Clean Jobs Training |
17 | | Program; and |
18 | | (v) the Clean Energy Primes Contractor Accelerator |
19 | | Program; |
20 | | (6) recommend outreach opportunities to ensure that |
21 | | program contracting, training, and other opportunities are |
22 | | widely publicized; |
23 | | (7) participate in independent program evaluations; |
24 | | and |
25 | | (8) assist the Department by providing insight into |
26 | | how relevant State, local, and federal programs are viewed |
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1 | | by residents, businesses, and institutions within their |
2 | | respective communities. |
3 | | (d) The Council shall conduct its first meeting within 30 |
4 | | days after all members have been appointed. The Council shall |
5 | | meet quarterly after its first meeting. Additional hearings |
6 | | and public meetings are permitted at the discretion of the |
7 | | members. The Council may meet in person or through video or |
8 | | audio conference. Meeting times may be varied to accommodate |
9 | | Council member schedules. |
10 | | (e) Members shall serve without compensation and shall be |
11 | | reimbursed for reasonable expenses incurred in the performance |
12 | | of their duties from funds appropriated for that purpose. |
13 | | Section 5-90. Repealer. This Act is repealed 24 years |
14 | | after the effective date of this Act. |
15 | | Section 5-95. The Illinois Finance Authority Act is |
16 | | amended by changing Sections 801-1, 801-5, 801-10, and 801-40 |
17 | | and adding Article 850 as follows:
|
18 | | (20 ILCS 3501/801-1)
|
19 | | Sec. 801-1. Short Title. Articles 801 through 850 845 of |
20 | | this Act may
be cited as the Illinois Finance Authority Act. |
21 | | References to "this Act" in
Articles 801 through 850 845 are |
22 | | references to the Illinois Finance Authority Act.
|
23 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
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1 | | (20 ILCS 3501/801-5)
|
2 | | Sec. 801-5. Findings and declaration of policy. The |
3 | | General Assembly
hereby finds, determines and declares:
|
4 | | (a) that there are a number of existing State authorities |
5 | | authorized to
issue
bonds to alleviate the conditions and |
6 | | promote the objectives set forth below;
and to provide a |
7 | | stronger, better coordinated development effort, it is
|
8 | | determined to be in the interest of promoting the health, |
9 | | safety, morals and
general welfare of all the people of the |
10 | | State to consolidate certain of such
existing authorities into |
11 | | one finance authority;
|
12 | | (b) that involuntary unemployment affects the health, |
13 | | safety, morals and
general welfare of the people of the State |
14 | | of Illinois;
|
15 | | (c) that the economic burdens resulting from involuntary |
16 | | unemployment fall
in
part upon the State in the form of public |
17 | | assistance and reduced tax revenues,
and in the event the |
18 | | unemployed worker and his family migrate elsewhere to find
|
19 | | work, may also fall upon the municipalities and other taxing |
20 | | districts within
the areas of unemployment in the form of |
21 | | reduced tax revenues, thereby
endangering their financial |
22 | | ability to support necessary governmental services
for their |
23 | | remaining inhabitants;
|
24 | | (d) that a vigorous growing economy is the basic source of |
25 | | job
opportunities;
|
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1 | | (e) that protection against involuntary unemployment, its |
2 | | economic burdens
and the spread of economic stagnation can |
3 | | best be provided by promoting,
attracting,
stimulating and |
4 | | revitalizing industry, manufacturing and commerce in the |
5 | | State;
|
6 | | (f) that the State has a responsibility to help create a |
7 | | favorable climate
for new and improved job opportunities for |
8 | | its citizens by encouraging the
development of commercial |
9 | | businesses and industrial and manufacturing plants
within the |
10 | | State;
|
11 | | (g) that increased availability of funds for construction |
12 | | of new facilities
and the expansion and improvement of |
13 | | existing facilities for industrial,
commercial
and |
14 | | manufacturing facilities will provide for new and continued |
15 | | employment in
the construction industry and alleviate the |
16 | | burden of unemployment;
|
17 | | (h) that in the absence of direct governmental subsidies |
18 | | the unaided
operations of private enterprise do not provide |
19 | | sufficient resources for
residential
construction, |
20 | | rehabilitation, rental or purchase, and that support from |
21 | | housing
related commercial facilities is one means of |
22 | | stimulating residential
construction, rehabilitation, rental |
23 | | and purchase;
|
24 | | (i) that it is in the public interest and the policy of |
25 | | this State to foster
and promote by all reasonable means the |
26 | | provision of adequate capital markets
and facilities for |
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1 | | borrowing money by units of local government, and for the
|
2 | | financing of their respective public improvements and other |
3 | | governmental
purposes within the State from proceeds of bonds |
4 | | or notes issued by those
governmental units; and to assist |
5 | | local governmental units in fulfilling their
needs for those |
6 | | purposes by use of creation of indebtedness;
|
7 | | (j) that it is in the public interest and the policy of |
8 | | this State to the
extent possible, to reduce the costs of |
9 | | indebtedness to taxpayers and residents
of this State and to |
10 | | encourage continued investor interest in the purchase of
bonds |
11 | | or notes of governmental units as sound and preferred |
12 | | securities for
investment; and to encourage governmental units |
13 | | to continue their independent
undertakings of public |
14 | | improvements and other governmental purposes and the
financing |
15 | | thereof, and to assist them in those activities by making |
16 | | funds
available at reduced interest costs for orderly |
17 | | financing of those purposes,
especially during periods of |
18 | | restricted credit or money supply, and
particularly for those |
19 | | governmental units not otherwise able to borrow for
those |
20 | | purposes;
|
21 | | (k) that in this State the following conditions exist: (i) |
22 | | an inadequate
supply of funds at interest rates sufficiently |
23 | | low to enable persons engaged in
agriculture in this State to |
24 | | pursue agricultural operations at present levels;
(ii) that |
25 | | such inability to pursue agricultural operations lessens the |
26 | | supply
of agricultural commodities available to fulfill the |
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1 | | needs of the citizens of
this
State; (iii) that such inability |
2 | | to continue operations decreases available
employment in the |
3 | | agricultural sector of the State and results in unemployment
|
4 | | and its attendant problems; (iv) that such conditions prevent |
5 | | the acquisition
of an adequate capital stock of farm equipment |
6 | | and machinery, much of which is
manufactured in this State, |
7 | | therefore impairing the productivity of
agricultural
land and, |
8 | | further, causing unemployment or lack of appropriate increase |
9 | | in
employment in such manufacturing; (v) that such conditions |
10 | | are conducive to
consolidation of acreage of agricultural land |
11 | | with fewer individuals living and
farming on the traditional |
12 | | family farm; (vi) that these conditions result in a
loss in |
13 | | population, unemployment and movement of persons from rural to |
14 | | urban
areas accompanied by added costs to communities for |
15 | | creation of new public
facilities and services; (vii) that |
16 | | there have been recurrent shortages of
funds for agricultural |
17 | | purposes from private market sources at reasonable rates
of
|
18 | | interest; (viii) that these shortages have made the sale and |
19 | | purchase of
agricultural land to family farmers a virtual |
20 | | impossibility in many parts of
the State; (ix) that the |
21 | | ordinary operations of private enterprise have not in
the
past |
22 | | corrected these conditions; and (x) that a stable supply of |
23 | | adequate funds
for agricultural financing is required to |
24 | | encourage family farmers in an
orderly
and sustained manner |
25 | | and to reduce the problems described above;
|
26 | | (l) that for the benefit of the people of the State of |
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1 | | Illinois, the conduct
and increase of their commerce, the |
2 | | protection and enhancement of their
welfare,
the development |
3 | | of continued prosperity and the improvement of their health |
4 | | and
living conditions it is essential that all the people of |
5 | | the State be given the
fullest opportunity to learn and to |
6 | | develop their intellectual and mental
capacities and skills; |
7 | | that to achieve these ends it is of the utmost
importance
that |
8 | | private institutions of higher education within the State be |
9 | | provided with
appropriate additional means to assist the |
10 | | people of the State in achieving the
required levels of |
11 | | learning and development of their intellectual and mental
|
12 | | capacities and skills and that cultural institutions within |
13 | | the State be
provided with appropriate additional means to |
14 | | expand the services and resources
which they offer for the |
15 | | cultural, intellectual, scientific, educational and
artistic |
16 | | enrichment of the people of the State;
|
17 | | (m) that in order to foster civic and neighborhood pride, |
18 | | citizens require
access to facilities such as educational |
19 | | institutions, recreation, parks and
open spaces, entertainment |
20 | | and sports, a reliable transportation network,
cultural |
21 | | facilities and theaters and other facilities as authorized by |
22 | | this
Act, and that it is in the best interests of the State to |
23 | | lower the costs of
all such facilities by providing financing |
24 | | through the State;
|
25 | | (n) that to preserve and protect the health of the |
26 | | citizens of the State,
and
lower the costs of health care, that |
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1 | | financing for health facilities should be
provided through the |
2 | | State; and
it is hereby declared to be the policy of the State, |
3 | | in the interest of
promoting the health, safety, morals and |
4 | | general welfare of all the people of
the State, to address the |
5 | | conditions noted above, to increase job opportunities
and to |
6 | | retain existing jobs in the State, by making available through |
7 | | the
Illinois Finance Authority, hereinafter created, funds for |
8 | | the development,
improvement and creation of industrial, |
9 | | housing, local government, educational,
health, public purpose |
10 | | and other projects; to issue its bonds and notes to make
funds |
11 | | at reduced rates and on more favorable terms for borrowing by |
12 | | local
governmental units through the purchase of the bonds or |
13 | | notes of the
governmental units; and to make or acquire loans |
14 | | for the acquisition and
development of agricultural |
15 | | facilities; to provide financing for private
institutions of |
16 | | higher education, cultural institutions, health facilities and
|
17 | | other facilities and projects as authorized by this Act; and |
18 | | to grant broad
powers to the Illinois Finance Authority to |
19 | | accomplish and to carry out these
policies of the State which |
20 | | are in the public interest of the State and of its
taxpayers |
21 | | and residents;
|
22 | | (o) that providing financing alternatives for projects |
23 | | that are located outside the State that are owned, operated, |
24 | | leased, managed by, or otherwise affiliated with, institutions |
25 | | located within the State would promote the economy of the |
26 | | State for the benefit of the health, welfare, safety, trade, |
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1 | | commerce, industry, and economy of the people of the State by |
2 | | creating employment opportunities in the State and lowering |
3 | | the cost of accessing healthcare, private education, or |
4 | | cultural institutions in the State by reducing the cost of |
5 | | financing or operating those projects; and
|
6 | | (p) that the realization of the objectives of the |
7 | | Authority identified in this Act including, without |
8 | | limitation, those designed (1) to assist and enable veterans, |
9 | | minorities, women and disabled individuals to own and operate |
10 | | small businesses; (2) to assist in the delivery of |
11 | | agricultural assistance; and (3) to aid, assist, and encourage |
12 | | economic growth and development within this State, will be |
13 | | enhanced by empowering the Authority to purchase loan |
14 | | participations from participating lenders ; . |
15 | | (q) that climate change threatens the health, welfare, and |
16 | | prosperity of all the residents of the State; |
17 | | (r) combating climate change is necessary to preserve and |
18 | | enhance the health, welfare, and prosperity of all the |
19 | | residents of the State; |
20 | | (s) that the promotion of the development and |
21 | | implementation of clean energy is necessary to combat climate |
22 | | change and is hereby declared to be the policy of the State; |
23 | | and |
24 | | (t) that designating the Authority as the "Climate Bank" |
25 | | to aid in all respects with providing financial assistance, |
26 | | programs, and products to finance and otherwise develop and |
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1 | | implement equitable clean energy opportunities in the State to |
2 | | mitigate or adapt to the negative consequences of climate |
3 | | change in an equitable manner will further the clean energy |
4 | | policy of the State. |
5 | | (Source: P.A. 100-919, eff. 8-17-18.)
|
6 | | (20 ILCS 3501/801-10)
|
7 | | Sec. 801-10. Definitions. The following terms, whenever |
8 | | used or referred
to
in this Act, shall have the following |
9 | | meanings, except in such instances where
the context may |
10 | | clearly indicate otherwise:
|
11 | | (a) The term "Authority" means the Illinois Finance |
12 | | Authority created by
this Act.
|
13 | | (b) The term "project" means an industrial project, clean |
14 | | energy project, conservation project, housing project, public
|
15 | | purpose project, higher education project, health facility |
16 | | project, cultural
institution project, municipal bond program |
17 | | project, PACE Project, agricultural facility or agribusiness, |
18 | | and "project" may
include any combination of one or more of the |
19 | | foregoing undertaken jointly by
any person with one or more |
20 | | other persons.
|
21 | | (c) The term "public purpose project" means (i) any |
22 | | project or facility,
including
without limitation land, |
23 | | buildings, structures, machinery, equipment and all
other real |
24 | | and personal property, which is authorized or required by law |
25 | | to be
acquired, constructed, improved, rehabilitated, |
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1 | | reconstructed, replaced or
maintained by any unit of |
2 | | government or any other lawful public purpose, including |
3 | | provision of working capital, which
is authorized or required |
4 | | by law to be undertaken by any unit of government or (ii) costs |
5 | | incurred and other expenditures, including expenditures for |
6 | | management, investment, or working capital costs, incurred in |
7 | | connection with the reform, consolidation, or implementation |
8 | | of the transition process as described in Articles 22B and 22C |
9 | | of the Illinois Pension Code.
|
10 | | (d) The term "industrial project" means the acquisition, |
11 | | construction,
refurbishment, creation, development or |
12 | | redevelopment of any facility,
equipment, machinery, real |
13 | | property or personal property for use by any
instrumentality |
14 | | of the State or its political subdivisions, for use by any
|
15 | | person or institution, public or private, for profit or not |
16 | | for profit, or for
use in any trade or business, including, but |
17 | | not limited to, any industrial,
manufacturing , clean energy, |
18 | | or commercial enterprise that is located within or outside the |
19 | | State, provided that, with respect to a project involving |
20 | | property located outside the State, the property must be |
21 | | owned, operated, leased or managed by an entity located within |
22 | | the State or an entity affiliated with an entity located |
23 | | within the State, and which is (1) a capital project or clean |
24 | | energy project ,
including, but not limited to: (i) land and |
25 | | any rights therein, one or more
buildings, structures or other |
26 | | improvements, machinery and equipment, whether
now existing or |
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1 | | hereafter acquired, and whether or not located on the same |
2 | | site
or sites; (ii) all appurtenances and facilities |
3 | | incidental to the foregoing,
including, but not limited to, |
4 | | utilities, access roads, railroad sidings, track,
docking and |
5 | | similar facilities, parking facilities, dockage, wharfage, |
6 | | railroad
roadbed, track, trestle, depot, terminal, switching |
7 | | and signaling or related
equipment, site preparation and |
8 | | landscaping; and (iii) all non-capital costs
and expenses |
9 | | relating thereto or (2) any addition to, renovation,
|
10 | | rehabilitation or
improvement of a capital project or a clean |
11 | | energy project, or (3) any activity or undertaking within or |
12 | | outside the State, provided that, with respect to a project |
13 | | involving property located outside the State, the property |
14 | | must be owned, operated, leased or managed by an entity |
15 | | located within the State or an entity affiliated with an |
16 | | entity located within the State, which the
Authority |
17 | | determines will aid, assist or encourage economic growth, |
18 | | development
or redevelopment within the State or any area |
19 | | thereof, will promote the
expansion, retention or |
20 | | diversification of employment opportunities within the
State |
21 | | or any area thereof or will aid in stabilizing or developing |
22 | | any industry
or economic sector of the State economy. The term |
23 | | "industrial project" also
means the production of motion |
24 | | pictures.
|
25 | | (e) The term "bond" or "bonds" shall include bonds, notes |
26 | | (including bond,
grant or revenue anticipation notes), |
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1 | | certificates and/or other evidences of
indebtedness |
2 | | representing an obligation to pay money, including refunding
|
3 | | bonds.
|
4 | | (f) The terms "lease agreement" and "loan agreement" shall |
5 | | mean: (i) an
agreement whereby a project acquired by the |
6 | | Authority by purchase, gift or
lease
is leased to any person, |
7 | | corporation or unit of local government which will use
or |
8 | | cause the project to be used as a project as heretofore defined |
9 | | upon terms
providing for lease rental payments at least |
10 | | sufficient to pay when due all
principal of, interest and |
11 | | premium, if any, on any bonds of the Authority
issued
with |
12 | | respect to such project, providing for the maintenance, |
13 | | insuring and
operation of the project on terms satisfactory to |
14 | | the Authority, providing for
disposition of the project upon |
15 | | termination of the lease term, including
purchase options or |
16 | | abandonment of the premises, and such other terms as may be
|
17 | | deemed desirable by the Authority, or (ii) any agreement |
18 | | pursuant to which the
Authority agrees to loan the proceeds of |
19 | | its bonds issued with respect to a
project or other funds of |
20 | | the Authority to any person which will use or cause
the project |
21 | | to be used as a project as heretofore defined upon terms |
22 | | providing
for loan repayment installments at least sufficient |
23 | | to pay when due all
principal of, interest and premium, if any, |
24 | | on any bonds of the Authority, if
any, issued with respect to |
25 | | the project, and providing for maintenance,
insurance and |
26 | | other matters as may be deemed desirable by the Authority.
|
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1 | | (g) The term "financial aid" means the expenditure of |
2 | | Authority funds or
funds provided by the Authority through the |
3 | | issuance of its bonds, notes or
other
evidences of |
4 | | indebtedness or from other sources for the development,
|
5 | | construction, acquisition or improvement of a project.
|
6 | | (h) The term "person" means an individual, corporation, |
7 | | unit of government,
business trust, estate, trust, partnership |
8 | | or association, 2 or more persons
having a joint or common |
9 | | interest, or any other legal entity.
|
10 | | (i) The term "unit of government" means the federal |
11 | | government, the State or
unit of local government, a school |
12 | | district, or any agency or instrumentality,
office, officer, |
13 | | department, division, bureau, commission, college or
|
14 | | university thereof.
|
15 | | (j) The term "health facility" means: (a) any public or |
16 | | private institution,
place, building, or agency required to be |
17 | | licensed under the Hospital Licensing
Act; (b) any public or |
18 | | private institution, place, building, or agency required
to be |
19 | | licensed under the Nursing Home Care Act, the Specialized |
20 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
21 | | Care Act, or the MC/DD Act; (c)
any public or licensed private |
22 | | hospital as defined in the Mental Health and
Developmental |
23 | | Disabilities Code; (d) any such facility exempted from such
|
24 | | licensure when the Director of Public Health attests that such |
25 | | exempted
facility
meets the statutory definition of a facility |
26 | | subject to licensure; (e) any
other
public or private health |
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1 | | service institution, place, building, or agency which
the |
2 | | Director of Public Health attests is subject to certification |
3 | | by the
Secretary, U.S. Department of Health and Human Services |
4 | | under the Social
Security Act, as now or hereafter amended, or |
5 | | which the Director of Public
Health attests is subject to |
6 | | standard-setting by a recognized public or
voluntary |
7 | | accrediting or standard-setting agency; (f) any public or |
8 | | private
institution, place, building or agency engaged in |
9 | | providing one or more
supporting services to a health |
10 | | facility; (g) any public or private
institution,
place, |
11 | | building or agency engaged in providing training in the |
12 | | healing arts,
including, but not limited to, schools of |
13 | | medicine, dentistry, osteopathy,
optometry, podiatry, pharmacy |
14 | | or nursing, schools for the training of x-ray,
laboratory or |
15 | | other health care technicians and schools for the training of
|
16 | | para-professionals in the health care field; (h) any public or |
17 | | private
congregate, life or extended care or elderly housing |
18 | | facility or any public or
private home for the aged or infirm, |
19 | | including, without limitation, any
Facility as defined in the |
20 | | Life Care Facilities Act; (i) any public or private
mental, |
21 | | emotional or physical rehabilitation facility or any public or |
22 | | private
educational, counseling, or rehabilitation facility or |
23 | | home, for those persons
with a developmental disability, those |
24 | | who are physically ill or disabled, the
emotionally disturbed, |
25 | | those persons with a mental illness or persons with
learning |
26 | | or similar disabilities or problems; (j) any public or private
|
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| | SB2408 Enrolled | - 74 - | LRB102 11366 BMS 16699 b |
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1 | | alcohol, drug or substance abuse diagnosis, counseling |
2 | | treatment or
rehabilitation
facility, (k) any public or |
3 | | private institution, place, building or agency
licensed by the |
4 | | Department of Children and Family Services or which is not so
|
5 | | licensed but which the Director of Children and Family |
6 | | Services attests
provides child care, child welfare or other |
7 | | services of the type provided by
facilities
subject to such |
8 | | licensure; (l) any public or private adoption agency or
|
9 | | facility; and (m) any public or private blood bank or blood |
10 | | center. "Health
facility" also means a public or private |
11 | | structure or structures suitable
primarily for use as a |
12 | | laboratory, laundry, nurses or interns residence or
other |
13 | | housing or hotel facility used in whole or in part for staff, |
14 | | employees
or
students and their families, patients or |
15 | | relatives of patients admitted for
treatment or care in a |
16 | | health facility, or persons conducting business with a
health |
17 | | facility, physician's facility, surgicenter, administration |
18 | | building,
research facility, maintenance, storage or utility |
19 | | facility and all structures
or facilities related to any of |
20 | | the foregoing or required or useful for the
operation of a |
21 | | health facility, including parking or other facilities or |
22 | | other
supporting service structures required or useful for the |
23 | | orderly conduct of
such health facility. "Health facility" |
24 | | also means, with respect to a project located outside the |
25 | | State, any public or private institution, place, building, or |
26 | | agency which provides services similar to those described |
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1 | | above, provided that such project is owned, operated, leased |
2 | | or managed by a participating health institution located |
3 | | within the State, or a participating health institution |
4 | | affiliated with an entity located within the State.
|
5 | | (k) The term "participating health institution" means (i) |
6 | | a private corporation
or association or (ii) a public entity |
7 | | of this State, in either case authorized by the laws of this
|
8 | | State or the applicable state to provide or operate a health |
9 | | facility as defined in this Act and which,
pursuant to the |
10 | | provisions of this Act, undertakes the financing, construction
|
11 | | or acquisition of a project or undertakes the refunding or |
12 | | refinancing of
obligations, loans, indebtedness or advances as |
13 | | provided in this Act.
|
14 | | (l) The term "health facility project", means a specific |
15 | | health facility
work
or improvement to be financed or |
16 | | refinanced (including without limitation
through reimbursement |
17 | | of prior expenditures), acquired, constructed, enlarged,
|
18 | | remodeled, renovated, improved, furnished, or equipped, with |
19 | | funds provided in
whole or in part hereunder, any accounts |
20 | | receivable, working capital, liability
or insurance cost or |
21 | | operating expense financing or refinancing program of a
health |
22 | | facility with or involving funds provided in whole or in part |
23 | | hereunder,
or any combination thereof.
|
24 | | (m) The term "bond resolution" means the resolution or |
25 | | resolutions
authorizing the issuance of, or providing terms |
26 | | and conditions related to,
bonds issued
under this Act and |
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1 | | includes, where appropriate, any trust agreement, trust
|
2 | | indenture, indenture of mortgage or deed of trust providing |
3 | | terms and
conditions for such bonds.
|
4 | | (n) The term "property" means any real, personal or mixed |
5 | | property, whether
tangible or intangible, or any interest |
6 | | therein, including, without limitation,
any real estate, |
7 | | leasehold interests, appurtenances, buildings, easements,
|
8 | | equipment, furnishings, furniture, improvements, machinery, |
9 | | rights of way,
structures, accounts, contract rights or any |
10 | | interest therein.
|
11 | | (o) The term "revenues" means, with respect to any |
12 | | project, the rents, fees,
charges, interest, principal |
13 | | repayments, collections and other income or profit
derived |
14 | | therefrom.
|
15 | | (p) The term "higher education project" means, in the case |
16 | | of a private
institution of higher education, an educational |
17 | | facility to be acquired,
constructed, enlarged, remodeled, |
18 | | renovated, improved, furnished, or equipped,
or any |
19 | | combination thereof.
|
20 | | (q) The term "cultural institution project" means, in the |
21 | | case of a cultural
institution, a cultural facility to be |
22 | | acquired, constructed, enlarged,
remodeled, renovated, |
23 | | improved, furnished, or equipped, or any combination
thereof.
|
24 | | (r) The term "educational facility" means any property |
25 | | located within the
State, or any property located outside the |
26 | | State, provided that, if the property is located outside the |
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1 | | State, it must be owned, operated, leased or managed by an |
2 | | entity located within the State or an entity affiliated with |
3 | | an entity located within the State, in each case
constructed |
4 | | or acquired before or after the effective date of this Act, |
5 | | which
is
or will be, in whole or in part, suitable for the |
6 | | instruction, feeding,
recreation or housing of students, the |
7 | | conducting of research or other work of
a
private institution |
8 | | of higher education, the use by a private institution of
|
9 | | higher education in connection with any educational, research |
10 | | or related or
incidental activities then being or to be |
11 | | conducted by it, or any combination
of the foregoing, |
12 | | including, without limitation, any such property suitable for
|
13 | | use as or in connection with any one or more of the following: |
14 | | an academic
facility, administrative facility, agricultural |
15 | | facility, assembly hall,
athletic facility, auditorium, |
16 | | boating facility, campus, communication
facility,
computer |
17 | | facility, continuing education facility, classroom, dining |
18 | | hall,
dormitory, exhibition hall, fire fighting facility, fire |
19 | | prevention facility,
food service and preparation facility, |
20 | | gymnasium, greenhouse, health care
facility, hospital, |
21 | | housing, instructional facility, laboratory, library,
|
22 | | maintenance facility, medical facility, museum, offices, |
23 | | parking area,
physical education facility, recreational |
24 | | facility, research facility, stadium,
storage facility, |
25 | | student union, study facility, theatre or utility.
|
26 | | (s) The term "cultural facility" means any property |
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1 | | located within the State, or any property located outside the |
2 | | State, provided that, if the property is located outside the |
3 | | State, it must be owned, operated, leased or managed by an |
4 | | entity located within the State or an entity affiliated with |
5 | | an entity located within the State, in each case
constructed |
6 | | or acquired before or after the effective date of this Act, |
7 | | which
is or will be, in whole or in part, suitable for the |
8 | | particular purposes or
needs
of a cultural institution, |
9 | | including, without limitation, any such property
suitable for |
10 | | use as or in connection with any one or more of the following: |
11 | | an
administrative facility, aquarium, assembly hall, |
12 | | auditorium, botanical garden,
exhibition hall, gallery, |
13 | | greenhouse, library, museum, scientific laboratory,
theater or |
14 | | zoological facility, and shall also include, without |
15 | | limitation,
books, works of art or music, animal, plant or |
16 | | aquatic life or other items for
display, exhibition or |
17 | | performance. The term "cultural facility" includes
buildings |
18 | | on the National Register of Historic Places which are owned or
|
19 | | operated by nonprofit entities.
|
20 | | (t) "Private institution of higher education" means a |
21 | | not-for-profit
educational institution which is not owned by |
22 | | the State or any political
subdivision, agency, |
23 | | instrumentality, district or municipality thereof, which
is
|
24 | | authorized by law to provide a program of education beyond the |
25 | | high school
level
and which:
|
26 | | (1) Admits as regular students only individuals having |
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1 | | a
certificate of graduation from a high school, or the |
2 | | recognized equivalent of
such a certificate;
|
3 | | (2) Provides an educational program for which it |
4 | | awards a
bachelor's degree, or provides an educational |
5 | | program, admission into which is
conditioned upon the |
6 | | prior attainment of a bachelor's degree or its equivalent,
|
7 | | for which it awards a postgraduate degree, or provides not |
8 | | less than a 2-year
program which is acceptable for full |
9 | | credit toward such a degree, or offers a
2-year program in |
10 | | engineering, mathematics, or the physical or biological
|
11 | | sciences
which is designed to prepare the student to work |
12 | | as a technician and at a
semiprofessional level in |
13 | | engineering, scientific, or other technological
fields
|
14 | | which require the understanding and application of basic |
15 | | engineering,
scientific, or mathematical principles or |
16 | | knowledge;
|
17 | | (3) Is accredited by a nationally recognized |
18 | | accrediting agency or
association or, if not so |
19 | | accredited, is an institution whose credits are
accepted, |
20 | | on transfer, by not less than 3 institutions which are so |
21 | | accredited,
for credit on the same basis as if transferred |
22 | | from an institution so
accredited, and holds an unrevoked |
23 | | certificate of approval under the Private
College Act from |
24 | | the Board of Higher Education, or is qualified as a
|
25 | | "degree granting institution" under the Academic Degree |
26 | | Act; and
|
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1 | | (4) Does not discriminate in the admission of students |
2 | | on the basis
of race or color.
"Private institution of |
3 | | higher education" also includes any "academic
|
4 | | institution".
|
5 | | (u) The term "academic institution" means any |
6 | | not-for-profit institution
which
is not owned by the State or |
7 | | any political subdivision, agency,
instrumentality,
district |
8 | | or municipality thereof, which institution engages in, or |
9 | | facilitates
academic, scientific, educational or professional |
10 | | research or learning in a
field or fields of study taught at a |
11 | | private institution of higher education.
Academic institutions |
12 | | include, without limitation, libraries, archives,
academic, |
13 | | scientific, educational or professional societies, |
14 | | institutions,
associations or foundations having such |
15 | | purposes.
|
16 | | (v) The term "cultural institution" means any |
17 | | not-for-profit institution
which
is not owned by the State or |
18 | | any political subdivision, agency,
instrumentality,
district |
19 | | or municipality thereof, which institution engages in the |
20 | | cultural,
intellectual, scientific, educational or artistic |
21 | | enrichment of the people of
the State. Cultural institutions |
22 | | include, without limitation, aquaria,
botanical societies, |
23 | | historical societies, libraries, museums, performing arts
|
24 | | associations or societies, scientific societies and zoological |
25 | | societies.
|
26 | | (w) The term "affiliate" means, with respect to financing |
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1 | | of an agricultural
facility or an agribusiness, any lender, |
2 | | any person, firm or corporation
controlled by, or under common |
3 | | control with, such lender, and any person, firm
or corporation |
4 | | controlling such lender.
|
5 | | (x) The term "agricultural facility" means land, any |
6 | | building or other
improvement thereon or thereto, and any |
7 | | personal properties deemed necessary or
suitable for use, |
8 | | whether or not now in existence, in farming, ranching, the
|
9 | | production of agricultural commodities (including, without |
10 | | limitation, the
products of aquaculture, hydroponics and |
11 | | silviculture) or the treating,
processing or storing of such |
12 | | agricultural commodities when such activities are
customarily |
13 | | engaged in by farmers as a part of farming and which land, |
14 | | building, improvement or personal property is located within |
15 | | the State, or is located outside the State, provided that, if |
16 | | such property is located outside the State, it must be owned, |
17 | | operated, leased, or managed by an entity located within the |
18 | | State or an entity affiliated with an entity located within |
19 | | the State.
|
20 | | (y) The term "lender" with respect to financing of an |
21 | | agricultural facility
or an agribusiness, means any federal or |
22 | | State chartered bank, Federal Land
Bank,
Production Credit |
23 | | Association, Bank for Cooperatives, federal or State
chartered |
24 | | savings and loan association or building and loan association, |
25 | | Small
Business
Investment Company or any other institution |
26 | | qualified within this State to
originate and service loans, |
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1 | | including, but without limitation to, insurance
companies, |
2 | | credit unions and mortgage loan companies. "Lender" also means |
3 | | a
wholly owned subsidiary of a manufacturer, seller or |
4 | | distributor of goods or
services that makes loans to |
5 | | businesses or individuals, commonly known as a
"captive |
6 | | finance company".
|
7 | | (z) The term "agribusiness" means any sole proprietorship, |
8 | | limited
partnership, co-partnership, joint venture, |
9 | | corporation or cooperative which
operates or will operate a |
10 | | facility located within the State or outside the State, |
11 | | provided that, if any facility is located outside the State, |
12 | | it must be owned, operated, leased, or managed by an entity |
13 | | located within the State or an entity affiliated with an |
14 | | entity located within the State, that
is related to the
|
15 | | processing of agricultural commodities (including, without |
16 | | limitation, the
products of aquaculture, hydroponics and |
17 | | silviculture) or the manufacturing,
production or construction |
18 | | of agricultural buildings, structures, equipment,
implements, |
19 | | and supplies, or any other facilities or processes used in
|
20 | | agricultural production. Agribusiness includes but is not |
21 | | limited to the
following:
|
22 | | (1) grain handling and processing, including grain |
23 | | storage,
drying, treatment, conditioning, mailing and |
24 | | packaging;
|
25 | | (2) seed and feed grain development and processing;
|
26 | | (3) fruit and vegetable processing, including |
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1 | | preparation, canning
and packaging;
|
2 | | (4) processing of livestock and livestock products, |
3 | | dairy products,
poultry and poultry products, fish or |
4 | | apiarian products, including slaughter,
shearing, |
5 | | collecting, preparation, canning and packaging;
|
6 | | (5) fertilizer and agricultural chemical |
7 | | manufacturing,
processing, application and supplying;
|
8 | | (6) farm machinery, equipment and implement |
9 | | manufacturing and
supplying;
|
10 | | (7) manufacturing and supplying of agricultural |
11 | | commodity
processing machinery and equipment, including |
12 | | machinery and equipment used in
slaughter, treatment, |
13 | | handling, collecting, preparation, canning or packaging
of |
14 | | agricultural commodities;
|
15 | | (8) farm building and farm structure manufacturing, |
16 | | construction
and supplying;
|
17 | | (9) construction, manufacturing, implementation, |
18 | | supplying or
servicing of irrigation, drainage and soil |
19 | | and water conservation devices or
equipment;
|
20 | | (10) fuel processing and development facilities that |
21 | | produce fuel
from agricultural commodities or byproducts;
|
22 | | (11) facilities and equipment for processing and |
23 | | packaging
agricultural commodities specifically for |
24 | | export;
|
25 | | (12) facilities and equipment for forestry product |
26 | | processing and
supplying, including sawmilling operations, |
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1 | | wood chip operations, timber
harvesting operations, and |
2 | | manufacturing of prefabricated buildings, paper,
furniture |
3 | | or other goods from forestry products;
|
4 | | (13) facilities and equipment for research and |
5 | | development of
products, processes and equipment for the |
6 | | production, processing, preparation
or packaging of |
7 | | agricultural commodities and byproducts.
|
8 | | (aa) The term "asset" with respect to financing of any |
9 | | agricultural facility
or
any agribusiness, means, but is not |
10 | | limited to the following: cash crops or
feed on hand; |
11 | | livestock held for sale; breeding stock; marketable bonds and
|
12 | | securities; securities not readily marketable; accounts |
13 | | receivable; notes
receivable; cash invested in growing crops; |
14 | | net cash value of life insurance;
machinery and equipment; |
15 | | cars and trucks; farm and other real estate including
life |
16 | | estates and personal residence; value of beneficial interests |
17 | | in trusts;
government payments or grants; and any other |
18 | | assets.
|
19 | | (bb) The term "liability" with respect to financing of any |
20 | | agricultural
facility or any agribusiness shall include, but |
21 | | not be limited to the
following:
accounts payable; notes or |
22 | | other indebtedness owed to any source; taxes; rent;
amounts |
23 | | owed on real estate contracts or real estate mortgages; |
24 | | judgments;
accrued interest payable; and any other liability.
|
25 | | (cc) The term "Predecessor Authorities" means those |
26 | | authorities as described
in Section 845-75.
|
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1 | | (dd) The term "housing project" means a specific work or |
2 | | improvement located within the State or outside the State and
|
3 | | undertaken
to provide residential dwelling accommodations, |
4 | | including the acquisition,
construction or rehabilitation of |
5 | | lands, buildings and community facilities and
in connection |
6 | | therewith to provide nonhousing facilities which are part of |
7 | | the
housing project, including land, buildings, improvements, |
8 | | equipment and all
ancillary facilities for use for offices, |
9 | | stores, retirement homes, hotels,
financial institutions, |
10 | | service, health care, education, recreation or research
|
11 | | establishments, or any other commercial purpose which are or |
12 | | are to be related
to a housing development, provided that any |
13 | | work or improvement located outside the State is owned, |
14 | | operated, leased or managed by an entity located within the |
15 | | State, or any entity affiliated with an entity located within |
16 | | the State. |
17 | | (ee) The term "conservation project" means any project |
18 | | including the acquisition, construction, rehabilitation, |
19 | | maintenance, operation, or upgrade that is intended to create |
20 | | or expand open space or to reduce energy usage through |
21 | | efficiency measures. For the purpose of this definition, "open |
22 | | space" has the definition set forth under Section 10 of the |
23 | | Illinois Open Land Trust Act.
|
24 | | (ff) The term "significant presence" means the existence |
25 | | within the State of the national or regional headquarters of |
26 | | an entity or group or such other facility of an entity or group |
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1 | | of entities where a significant amount of the business |
2 | | functions are performed for such entity or group of entities. |
3 | | (gg) The term "municipal bond issuer" means the State or |
4 | | any other state or commonwealth of the United States, or any |
5 | | unit of local government, school district, agency or |
6 | | instrumentality, office, department, division, bureau, |
7 | | commission, college or university thereof located in the State |
8 | | or any other state or commonwealth of the United States. |
9 | | (hh) The term "municipal bond program project" means a |
10 | | program for the funding of the purchase of bonds, notes or |
11 | | other obligations issued by or on behalf of a municipal bond |
12 | | issuer. |
13 | | (ii) The term "participating lender" means any trust |
14 | | company, bank, savings bank, credit union, merchant bank, |
15 | | investment bank, broker, investment trust, pension fund, |
16 | | building and loan association, savings and loan association, |
17 | | insurance company, venture capital company, or other |
18 | | institution approved by the Authority which provides a portion |
19 | | of the financing for a project. |
20 | | (jj) The term "loan participation" means any loan in which |
21 | | the Authority co-operates with a participating lender to |
22 | | provide all or a portion of the financing for a project. |
23 | | (kk) The term "PACE Project" means an energy project as |
24 | | defined in Section 5 of the Property Assessed Clean Energy |
25 | | Act. |
26 | | (ll) The term "clean energy" means energy generation that |
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1 | | is substantially free (90% or more) of carbon dioxide |
2 | | emissions by design or operations, or that otherwise |
3 | | contributes to the reduction in emissions of environmentally |
4 | | hazardous materials or reduces the volume of environmentally |
5 | | dangerous materials. |
6 | | (mm) The term "clean energy project" means the |
7 | | acquisition, construction, refurbishment, creation, |
8 | | development or redevelopment of any facility, equipment, |
9 | | machinery, real property, or personal property for use by the |
10 | | State or any unit of local government, school district, agency |
11 | | or instrumentality, office, department, division, bureau, |
12 | | commission, college, or university of the State, for use by |
13 | | any person or institution, public or private, for profit or |
14 | | not for profit, or for use in any trade or business, which the |
15 | | Authority determines will aid, assist, or encourage the |
16 | | development or implementation of clean energy in the State, or |
17 | | as otherwise contemplated by Article 850. |
18 | | (nn) The term "Climate Bank" means the Authority in the |
19 | | exercise of those powers conferred on it by this Act related to |
20 | | clean energy or clean water, drinking water, or wastewater |
21 | | treatment. |
22 | | (oo) "equity investment eligible community" and "eligible |
23 | | community" mean the geographic areas throughout Illinois that |
24 | | would most benefit from equitable investments by the State |
25 | | designed to combat discrimination. Specifically, the eligible |
26 | | communities shall be defined as the following areas: |
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1 | | (1) R3 Areas as established pursuant to Section 10-40 |
2 | | of the Cannabis Regulation and Tax Act, where residents |
3 | | have historically been excluded from economic |
4 | | opportunities, including opportunities in the energy |
5 | | sector; and |
6 | | (2) Environmental justice communities, as defined by |
7 | | the Illinois Power Agency pursuant to the Illinois Power |
8 | | Agency Act, where residents have historically been subject |
9 | | to disproportionate burdens of pollution, including |
10 | | pollution from the energy sector. |
11 | | (pp) "Equity investment eligible person" and "eligible |
12 | | person" mean the persons who would most benefit from equitable |
13 | | investments by the State designed to combat discrimination. |
14 | | Specifically, eligible persons means the following people: |
15 | | (1) persons whose primary residence is in an equity |
16 | | investment eligible community; |
17 | | (2) persons who are graduates of or currently enrolled |
18 | | in the foster care system; or |
19 | | (3) persons who were formerly incarcerated. |
20 | | (qq) "Environmental justice community" means the |
21 | | definition of that term based on existing methodologies and |
22 | | findings used and as may be updated by the Illinois Power |
23 | | Agency and its program administrator in the Illinois Solar for |
24 | | All Program. |
25 | | (Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
|
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1 | | (20 ILCS 3501/801-40)
|
2 | | Sec. 801-40. In addition to the powers otherwise |
3 | | authorized by law and in
addition to the foregoing general |
4 | | corporate powers, the Authority shall also
have the following |
5 | | additional specific powers to be exercised in furtherance of
|
6 | | the purposes of this Act.
|
7 | | (a) The Authority shall have power (i) to accept grants, |
8 | | loans or
appropriations from the federal government or the |
9 | | State, or any agency or
instrumentality thereof, or, in the |
10 | | case of clean energy projects, any not-for-profit |
11 | | philanthropic or other charitable organization, public or |
12 | | private, to be used for the operating expenses of the
|
13 | | Authority,
or for any purposes of the Authority, including the |
14 | | making of direct loans of
such funds with respect to projects, |
15 | | and (ii) to enter into any agreement with
the federal |
16 | | government or the State, or any agency or instrumentality |
17 | | thereof,
in relationship to such grants, loans or |
18 | | appropriations.
|
19 | | (b) The Authority shall have power to procure and enter |
20 | | into contracts for
any
type of insurance and indemnity |
21 | | agreements covering loss or damage to property
from any cause, |
22 | | including loss of use and occupancy, or covering any other
|
23 | | insurable risk.
|
24 | | (c) The Authority shall have the continuing power to issue |
25 | | bonds for its
corporate purposes. Bonds may be issued by the |
26 | | Authority in one or more series
and may provide for the payment |
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1 | | of any interest deemed necessary on such bonds,
of the costs of |
2 | | issuance of such bonds, of any premium on any insurance, or of
|
3 | | the cost of any guarantees, letters of credit or other similar |
4 | | documents, may
provide for the funding of the reserves deemed |
5 | | necessary in connection with
such bonds, and may provide for |
6 | | the refunding or advance refunding of any bonds
or
for |
7 | | accounts deemed necessary in connection with any purpose of |
8 | | the Authority.
The bonds may bear interest payable at any time |
9 | | or times and at any rate or
rates, notwithstanding any other |
10 | | provision of law to the contrary, and such
rate or rates may be |
11 | | established by an index or formula which may be
implemented or
|
12 | | established by persons appointed or retained therefor by the |
13 | | Authority, or may
bear no interest or may bear interest |
14 | | payable at maturity or upon redemption
prior to maturity, may |
15 | | bear such date or dates, may be payable at such time or
times |
16 | | and at such place or places, may mature at any time or times |
17 | | not later
than 40 years from the date of issuance, may be sold |
18 | | at public or private sale
at such time or times and at such |
19 | | price or prices, may be secured by such
pledges, reserves, |
20 | | guarantees, letters of credit, insurance contracts or other
|
21 | | similar credit support or liquidity instruments, may be |
22 | | executed in such
manner, may be subject to redemption prior to |
23 | | maturity, may provide for the
registration of the bonds, and |
24 | | may be subject to such other terms and
conditions all as may
be |
25 | | provided by the resolution or indenture authorizing the |
26 | | issuance of such
bonds. The holder or holders of any bonds |
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1 | | issued by the Authority may bring
suits at law or proceedings |
2 | | in equity to compel the performance and observance
by any |
3 | | person or by the Authority or any of its agents or employees of |
4 | | any
contract or covenant made with the holders of such bonds |
5 | | and to compel such
person or the Authority and any of its |
6 | | agents or employees to perform any
duties
required to be |
7 | | performed for the benefit of the holders of any such bonds by
|
8 | | the provision of the resolution authorizing their issuance, |
9 | | and to enjoin such
person or the Authority and any of its |
10 | | agents or employees from taking any
action in conflict with |
11 | | any such contract or covenant.
Notwithstanding the form and |
12 | | tenor of any such bonds and in the absence of any
express |
13 | | recital on the face thereof that it is non-negotiable, all |
14 | | such bonds
shall be negotiable instruments. Pending the |
15 | | preparation and execution of any
such bonds, temporary bonds |
16 | | may be issued as provided by the resolution.
The bonds shall be |
17 | | sold by the Authority in such manner as it shall determine.
The |
18 | | bonds may be secured as provided in the authorizing resolution |
19 | | by the
receipts, revenues, income and other available funds of |
20 | | the Authority and by
any amounts derived by the Authority from |
21 | | the loan agreement or lease agreement
with respect to the |
22 | | project or projects; and bonds may be issued as general
|
23 | | obligations of the Authority payable from such revenues, funds |
24 | | and obligations
of the Authority as the bond resolution shall |
25 | | provide, or may be issued as
limited obligations with a claim |
26 | | for payment solely from such revenues, funds
and obligations |
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1 | | as the bond resolution shall provide. The Authority may grant |
2 | | a
specific pledge or assignment of and lien on or security |
3 | | interest in such
rights, revenues, income, or amounts and may |
4 | | grant a specific pledge or
assignment of and lien on or |
5 | | security interest in any reserves, funds or
accounts |
6 | | established in the resolution authorizing the issuance of |
7 | | bonds. Any
such pledge, assignment, lien or security interest |
8 | | for the benefit of the
holders of the Authority's bonds shall |
9 | | be valid and binding from the time the
bonds are issued without |
10 | | any physical delivery or further act, and shall be
valid and |
11 | | binding as against and prior to the claims of all other parties
|
12 | | having claims against the Authority or any other person |
13 | | irrespective of whether
the
other parties have notice of the |
14 | | pledge, assignment, lien or security interest.
As evidence of |
15 | | such pledge, assignment, lien and security interest, the
|
16 | | Authority may execute and deliver a mortgage, trust agreement, |
17 | | indenture or
security agreement or an assignment thereof.
A |
18 | | remedy for any breach or default of the terms of any such |
19 | | agreement by the
Authority may be by mandamus proceedings in |
20 | | any court of competent jurisdiction
to compel the performance |
21 | | and compliance therewith, but the agreement may
prescribe by |
22 | | whom or on whose behalf such action may be instituted.
It is |
23 | | expressly understood that the Authority may, but need not, |
24 | | acquire title
to any project with respect to which it |
25 | | exercises its authority.
|
26 | | (d) With respect to the powers granted by this Act, the |
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1 | | Authority may adopt
rules and regulations prescribing the |
2 | | procedures by which persons may apply for
assistance under |
3 | | this Act. Nothing herein shall be deemed to preclude the
|
4 | | Authority, prior to the filing of any formal application, from |
5 | | conducting
preliminary discussions and investigations with |
6 | | respect to the subject matter
of any prospective application.
|
7 | | (e) The Authority shall have power to acquire by purchase, |
8 | | lease, gift or
otherwise any property or rights therein from |
9 | | any person useful for its
purposes, whether improved for the |
10 | | purposes of any prospective project, or
unimproved. The |
11 | | Authority may also accept any donation of funds for its
|
12 | | purposes from any such source. The Authority shall have no |
13 | | independent power of
condemnation but may acquire any property |
14 | | or rights therein obtained upon
condemnation by any other |
15 | | authority, governmental entity or unit of local
government |
16 | | with such power.
|
17 | | (f) The Authority shall have power to develop, construct |
18 | | and improve either
under its own direction, or through |
19 | | collaboration with any approved applicant,
or to acquire |
20 | | through purchase or otherwise, any project, using for such
|
21 | | purpose the proceeds derived from the sale of its bonds or from |
22 | | governmental
loans or
grants, and to hold title in the name of |
23 | | the Authority to such projects.
|
24 | | (g) The Authority shall have power to lease pursuant to a |
25 | | lease agreement
any
project so developed and constructed or |
26 | | acquired to the approved tenant on such
terms and conditions |
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1 | | as may be appropriate to further the purposes of this Act
and |
2 | | to maintain the credit of the Authority. Any such lease may |
3 | | provide for
either the Authority or the approved tenant to |
4 | | assume initially, in whole or in
part, the costs of |
5 | | maintenance, repair and improvements during the leasehold
|
6 | | period. In no case, however, shall the total rentals from any |
7 | | project during
any initial leasehold period or the total loan |
8 | | repayments to be made pursuant
to any loan agreement, be less |
9 | | than an amount necessary to return over such
lease
or loan |
10 | | period (1) all costs incurred in connection with the |
11 | | development,
construction, acquisition or improvement of the |
12 | | project and for repair,
maintenance and improvements thereto |
13 | | during the period of the lease or loan;
provided, however, |
14 | | that the rentals or loan repayments need not include costs
met |
15 | | through the use of funds other than those obtained by the |
16 | | Authority through
the issuance of its bonds or governmental |
17 | | loans; (2) a reasonable percentage
additive to be agreed upon |
18 | | by the Authority and the borrower or tenant to cover
a properly |
19 | | allocable portion of the Authority's general expenses, |
20 | | including,
but not limited to, administrative expenses, |
21 | | salaries and general insurance,
and
(3) an amount sufficient |
22 | | to pay when due all principal of, interest and
premium, if
any |
23 | | on, any bonds issued by the Authority with respect to the |
24 | | project. The
portion of total rentals payable under clause (3) |
25 | | of this subsection (g) shall
be deposited in such special |
26 | | accounts, including all sinking funds, acquisition
or |
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1 | | construction funds, debt service and other funds as provided |
2 | | by any
resolution, mortgage or trust agreement of the |
3 | | Authority pursuant to which any
bond is issued.
|
4 | | (h) The Authority has the power, upon the termination of |
5 | | any leasehold
period
of any project, to sell or lease for a |
6 | | further term or terms such project on
such terms and |
7 | | conditions as the Authority shall deem reasonable and |
8 | | consistent
with the purposes of the Act. The net proceeds from |
9 | | all such sales and the
revenues or income from such leases |
10 | | shall be used to satisfy any indebtedness
of
the Authority |
11 | | with respect to such project and any balance may be used to pay
|
12 | | any expenses of the Authority or be used for the further |
13 | | development,
construction, acquisition or improvement of |
14 | | projects.
In the event any project is vacated by a tenant prior |
15 | | to the termination of the
initial leasehold period, the |
16 | | Authority shall sell or lease the facilities of
the project on |
17 | | the most advantageous terms available. The net proceeds of any
|
18 | | such disposition shall be treated in the same manner as the |
19 | | proceeds from sales
or the revenues or income from leases |
20 | | subsequent to the termination of any
initial leasehold period.
|
21 | | (i) The Authority shall have the power to make loans, or to |
22 | | purchase loan participations in loans made, to persons to |
23 | | finance a
project, to enter into loan agreements or agreements |
24 | | with participating lenders with respect thereto, and to accept
|
25 | | guarantees from persons of its loans or the resultant |
26 | | evidences of obligations
of the Authority.
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1 | | (j) The Authority may fix, determine, charge and collect |
2 | | any premiums, fees,
charges, costs and expenses, including, |
3 | | without limitation, any application
fees, commitment fees, |
4 | | program fees, financing charges or publication fees from
any |
5 | | person in connection with its activities under this Act.
|
6 | | (k) In addition to the funds established as provided |
7 | | herein, the Authority
shall have the power to create and |
8 | | establish such reserve funds and accounts as
may be necessary |
9 | | or desirable to accomplish its purposes under this Act and to
|
10 | | deposit its available monies into the funds and accounts.
|
11 | | (l) At the request of the governing body of any unit of |
12 | | local government,
the
Authority is authorized to market such |
13 | | local government's revenue bond
offerings by preparing bond |
14 | | issues for sale, advertising for sealed bids,
receiving bids
|
15 | | at its offices, making the award to the bidder that offers the |
16 | | most favorable
terms or arranging for negotiated placements or |
17 | | underwritings of such
securities. The Authority may, at its |
18 | | discretion, offer for concurrent sale the
revenue bonds of |
19 | | several local governments. Sales by the Authority of revenue
|
20 | | bonds under this Section shall in no way imply State guarantee |
21 | | of such debt
issue. The Authority may require such financial |
22 | | information from participating
local governments as it deems |
23 | | necessary in order to carry out the purposes of
this |
24 | | subsection (1).
|
25 | | (m) The Authority may make grants to any county to which |
26 | | Division 5-37 of
the
Counties Code is applicable to assist in |
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1 | | the financing of capital development,
construction and |
2 | | renovation of new or existing facilities for hospitals and
|
3 | | health care facilities under that Act. Such grants may only be |
4 | | made from funds
appropriated for such purposes from the Build |
5 | | Illinois Bond Fund.
|
6 | | (n) The Authority may establish an urban development |
7 | | action grant program
for
the purpose of assisting |
8 | | municipalities in Illinois which are experiencing
severe |
9 | | economic distress to help stimulate economic development |
10 | | activities
needed to aid in economic recovery. The Authority |
11 | | shall determine the types of
activities and projects for which |
12 | | the urban development action grants may be
used, provided that |
13 | | such projects and activities are broadly defined to include
|
14 | | all reasonable projects and activities the primary objectives |
15 | | of which are the
development of viable urban communities, |
16 | | including decent housing and a
suitable living environment, |
17 | | and expansion of economic opportunity, principally
for
persons |
18 | | of low and moderate incomes. The Authority shall enter into |
19 | | grant
agreements from monies appropriated for such purposes |
20 | | from the Build Illinois
Bond Fund. The Authority shall monitor |
21 | | the
use of the grants, and shall provide for audits of the |
22 | | funds as well as
recovery by the Authority of any funds |
23 | | determined to have been spent in
violation of this
subsection |
24 | | (n) or any rule or regulation promulgated hereunder. The |
25 | | Authority
shall provide technical assistance with regard to |
26 | | the effective use of the
urban development action grants. The |
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1 | | Authority shall file an annual report to
the
General Assembly |
2 | | concerning the progress of the grant program.
|
3 | | (o) The Authority may establish a Housing Partnership |
4 | | Program whereby the
Authority provides zero-interest loans to |
5 | | municipalities for the purpose of
assisting in the financing |
6 | | of projects for the rehabilitation of affordable
multi-family |
7 | | housing for low and moderate income residents. The Authority |
8 | | may
provide such loans only upon a municipality's providing |
9 | | evidence that it has
obtained private funding for the |
10 | | rehabilitation project. The Authority shall
provide 3 State |
11 | | dollars for every 7 dollars obtained by the municipality from
|
12 | | sources other than the State of Illinois. The loans shall be |
13 | | made from monies
appropriated for such purpose from the Build |
14 | | Illinois Bond Fund. The total amount of loans available under |
15 | | the Housing
Partnership Program shall not exceed $30,000,000. |
16 | | State loan monies under this
subsection shall be used only for |
17 | | the acquisition and rehabilitation of
existing
buildings |
18 | | containing 4 or more dwelling units. The terms of any loan made |
19 | | by
the municipality under this subsection shall require |
20 | | repayment of the loan to
the municipality upon any sale or |
21 | | other transfer of the project. In addition, the Authority may |
22 | | use any moneys appropriated for such purpose from the Build |
23 | | Illinois Bond Fund, including funds loaned under this |
24 | | subsection and repaid as principal or interest, and investment |
25 | | income on such funds, to make the loans authorized by |
26 | | subsection (z), without regard to any restrictions or |
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1 | | limitations provided in this subsection.
|
2 | | (p) The Authority may award grants to universities and |
3 | | research
institutions,
research consortiums and other |
4 | | not-for-profit entities for the purposes of:
remodeling or |
5 | | otherwise physically altering existing laboratory or research
|
6 | | facilities, expansion or physical additions to existing |
7 | | laboratory or research
facilities, construction of new |
8 | | laboratory or research facilities or
acquisition of modern |
9 | | equipment to support laboratory or research operations
|
10 | | provided that
such grants (i) be used solely in support of |
11 | | project and equipment acquisitions
which enhance technology |
12 | | transfer, and (ii) not constitute more than 60 percent
of the |
13 | | total project or acquisition cost.
|
14 | | (q) Grants may be awarded by the Authority to units of |
15 | | local government for
the
purpose of developing the appropriate |
16 | | infrastructure or defraying other costs
to
the local |
17 | | government in support of laboratory or research facilities |
18 | | provided
that such grants may not exceed 40% of the cost to the |
19 | | unit of local
government.
|
20 | | (r) In addition to the powers granted to the Authority |
21 | | under subsection (i), and in all cases supplemental to it, the |
22 | | Authority may establish a direct loan program to make loans |
23 | | to, or may purchase participations in loans made by |
24 | | participating lenders to,
individuals, partnerships, |
25 | | corporations, or other business entities for the purpose of |
26 | | financing an industrial
project, as defined in
Section 801-10 |
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1 | | of this Act. For the purposes of such program
and not by way of |
2 | | limitation on any other program of the Authority, including, |
3 | | without limitation, programs established under subsection (i), |
4 | | the
Authority shall have the power to issue bonds, notes, or |
5 | | other evidences of
indebtedness including commercial paper for |
6 | | purposes of providing a fund of
capital from which it may make |
7 | | such loans. The Authority shall have the power
to use any |
8 | | appropriations from the State made especially for the |
9 | | Authority's direct loan program, or moneys at any time held by |
10 | | the Authority under this Act outside the State treasury in the |
11 | | custody of either the Treasurer of the Authority or a trustee |
12 | | or depository appointed by the Authority,
for additional |
13 | | capital to make such loans or purchase such loan |
14 | | participations, or for the
purposes of reserve funds or |
15 | | pledged funds which secure the Authority's
obligations of |
16 | | repayment of any bond, note or other form of indebtedness
|
17 | | established for the purpose of providing capital for which it |
18 | | intends to make
such loans or purchase such loan |
19 | | participations. For the purpose of obtaining such
capital, the |
20 | | Authority may also enter into agreements with financial
|
21 | | institutions, participating lenders, and other persons for the |
22 | | purpose of administering a loan participation program, selling |
23 | | loans or developing
a secondary market for such loans or loan |
24 | | participations.
Loans made under the direct loan program |
25 | | specifically established under this subsection (r), including |
26 | | loans under such program made by participating lenders in |
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1 | | which the Authority purchases a participation, may be in an |
2 | | amount not to exceed $600,000
and shall be made for a portion |
3 | | of an industrial project which does
not exceed 50% of the total |
4 | | project. No loan may be made by the Authority
unless
approved |
5 | | by the affirmative vote of at least 8 members of the board. The
|
6 | | Authority shall establish procedures and publish rules which |
7 | | shall provide for
the submission, review, and analysis of each |
8 | | direct loan and loan participation application and which
shall |
9 | | preserve the ability of each board member and the Executive |
10 | | Director, as applicable, to reach an individual business
|
11 | | judgment regarding the propriety of each direct loan or loan |
12 | | participation. The collective
discretion of the board to |
13 | | approve or disapprove each loan shall be
unencumbered.
The |
14 | | Authority may establish and collect such fees and charges, |
15 | | determine and
enforce such terms and conditions, and charge |
16 | | such interest rates as it
determines to be necessary and |
17 | | appropriate to the successful administration of
the direct |
18 | | loan program, including purchasing loan participations. The |
19 | | Authority may require such interests in collateral
and such |
20 | | guarantees as it determines are necessary to protect the |
21 | | Authority's
interest in the repayment of the principal and |
22 | | interest of each loan and loan participation made under
the |
23 | | direct loan program. The restrictions established under this |
24 | | subsection (r) shall not be applicable to any loan or loan |
25 | | participation made under subsection (i) or to any loan or loan |
26 | | participation made under any other Section of this Act.
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1 | | (s) The Authority may guarantee private loans to third |
2 | | parties up to a
specified dollar amount in order to promote |
3 | | economic development in this State.
|
4 | | (t) The Authority may adopt rules and regulations as may |
5 | | be necessary or
advisable to implement the powers conferred by |
6 | | this Act.
|
7 | | (u) The Authority shall have the power to issue bonds, |
8 | | notes or other
evidences
of indebtedness, which may be used to |
9 | | make loans to units of local government
which are authorized |
10 | | to enter into loan agreements and other documents and to
issue |
11 | | bonds, notes and other evidences of indebtedness for the |
12 | | purpose of
financing the protection of storm sewer outfalls, |
13 | | the construction of adequate
storm sewer outfalls, and the |
14 | | provision for flood protection of sanitary sewage
treatment |
15 | | plans, in counties that have established a stormwater |
16 | | management
planning committee in accordance with
Section |
17 | | 5-1062 of the Counties Code. Any
such loan shall be made by the |
18 | | Authority pursuant to the provisions of
Section
820-5 to |
19 | | 820-60 of this Act. The unit of local government shall pay back |
20 | | to the
Authority the principal amount of the loan, plus annual |
21 | | interest as determined
by the Authority. The Authority shall |
22 | | have the power, subject to appropriations
by the General |
23 | | Assembly, to subsidize or buy down a portion of the interest on
|
24 | | such loans, up to 4% per annum.
|
25 | | (v) The Authority may accept security interests as |
26 | | provided in
Sections 11-3
and 11-3.3 of the Illinois Public |
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1 | | Aid Code.
|
2 | | (w) Moral Obligation. In the event that the Authority |
3 | | determines that monies
of the Authority will not be sufficient |
4 | | for the payment of the principal of and
interest on its bonds |
5 | | during the next State fiscal year, the Chairperson, as
soon as |
6 | | practicable, shall certify to the Governor the amount required |
7 | | by the
Authority to enable it to pay such principal of and |
8 | | interest on the bonds. The
Governor shall submit the amount so |
9 | | certified to the General Assembly as soon
as
practicable, but |
10 | | no later than the end of the current State fiscal year. This
|
11 | | subsection shall apply only to any bonds or notes as to which |
12 | | the Authority
shall have determined, in the resolution |
13 | | authorizing the issuance of the bonds
or notes, that this |
14 | | subsection shall apply. Whenever the Authority makes such a
|
15 | | determination, that fact shall be plainly stated on the face |
16 | | of the bonds or
notes and that fact shall also be reported to |
17 | | the Governor. In the event of a
withdrawal of moneys from a |
18 | | reserve fund established with respect to any issue
or issues |
19 | | of bonds of the Authority to pay principal or interest on those
|
20 | | bonds,
the Chairperson of the Authority, as soon as |
21 | | practicable, shall certify to the
Governor the amount required |
22 | | to restore the reserve fund to the level required
in the |
23 | | resolution or indenture securing those bonds. The Governor |
24 | | shall submit
the amount so certified to the General Assembly |
25 | | as soon as practicable, but no
later than the end of the |
26 | | current State fiscal year. The Authority shall obtain
written |
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1 | | approval from the Governor for any bonds and notes to be issued |
2 | | under
this Section.
In addition to any other bonds authorized |
3 | | to be issued under
Sections 825-60, 825-65(e), 830-25 and |
4 | | 845-5, the principal amount of Authority
bonds outstanding
|
5 | | issued under this
Section 801-40(w) or under 20 ILCS 3850/1-80 |
6 | | or 30 ILCS 360/2-6(c), which have
been
assumed by the |
7 | | Authority, shall not exceed $150,000,000. This subsection (w) |
8 | | shall in no way be applied to any bonds issued by the Authority |
9 | | on behalf of the Illinois Power Agency under Section 825-90 of |
10 | | this Act.
|
11 | | (x) The Authority may enter into agreements or contracts |
12 | | with any person necessary or appropriate to place the payment |
13 | | obligations of the Authority under any of its bonds in whole or |
14 | | in part on any interest rate basis, cash flow basis, or other |
15 | | basis desired by the Authority, including without limitation |
16 | | agreements or contracts commonly known as "interest rate swap |
17 | | agreements", "forward payment conversion agreements", and |
18 | | "futures", or agreements or contracts to exchange cash flows |
19 | | or a series of payments, or agreements or contracts, including |
20 | | without limitation agreements or contracts commonly known as |
21 | | "options", "puts", or "calls", to hedge payment, rate spread, |
22 | | or similar exposure; provided that any such agreement or |
23 | | contract shall not constitute an obligation for borrowed money |
24 | | and shall not be taken into account under Section 845-5 of this |
25 | | Act or any other debt limit of the Authority or the State of |
26 | | Illinois.
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1 | | (y) The Authority shall publish summaries of projects and |
2 | | actions approved by the members of the Authority on its |
3 | | website. These summaries shall include, but not be limited to, |
4 | | information regarding the: |
5 | | (1) project; |
6 | | (2) Board's action or actions; |
7 | | (3) purpose of the project; |
8 | | (4) Authority's program and contribution; |
9 | | (5) volume cap; |
10 | | (6) jobs retained; |
11 | | (7) projected new jobs; |
12 | | (8) construction jobs created; |
13 | | (9) estimated sources and uses of funds; |
14 | | (10) financing summary; |
15 | | (11) project summary; |
16 | | (12) business summary; |
17 | | (13) ownership or economic disclosure statement; |
18 | | (14) professional and financial information; |
19 | | (15) service area; and |
20 | | (16) legislative district. |
21 | | The disclosure of information pursuant to this subsection |
22 | | shall comply with the Freedom of Information Act. |
23 | | (z) Consistent with the findings and declaration of policy |
24 | | set forth in item (j) of Section 801-5 of this Act, the |
25 | | Authority shall have the power to make loans to the Police |
26 | | Officers' Pension Investment Fund authorized by Section |
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1 | | 22B-120 of the Illinois Pension Code and to make loans to the |
2 | | Firefighters' Pension Investment Fund authorized by Section |
3 | | 22C-120 of the Illinois Pension Code. Notwithstanding anything |
4 | | in this Act to the contrary, loans authorized by Section |
5 | | 22B-120 and Section 22C-120 of the Illinois Pension Code may |
6 | | be made from any of the Authority's funds, including, but not |
7 | | limited to, funds in its Illinois Housing Partnership Program |
8 | | Fund, its Industrial Project Insurance Fund, or its Illinois |
9 | | Venture Investment Fund. |
10 | | (Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
|
11 | | (20 ILCS 3501/Art. 850 heading new) |
12 | | ARTICLE 850 |
13 | | GENERAL PROVISIONS |
14 | | (20 ILCS 3501/850-5 new) |
15 | | Sec. 850-5. Climate Bank. The General Assembly designates |
16 | | the Authority as the Climate Bank to aid in all respects with |
17 | | providing financial assistance, programs, and products to |
18 | | finance and otherwise develop and facilitate opportunities to |
19 | | develop clean energy and provide clean water, drinking water, |
20 | | and wastewater treatment in the State. Nothing in this Section |
21 | | shall be deemed to supersede powers and regulatory duties |
22 | | conferred to other State agencies or governmental units. |
23 | | (20 ILCS 3501/850-10 new) |
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1 | | Sec. 850-10. Powers and duties. |
2 | | (a) The Authority shall have the powers enumerated in this |
3 | | Act to assist in the development and implementation of clean |
4 | | energy in the State. The powers enumerated in this Article |
5 | | shall be in addition to all other powers of the Authority |
6 | | conferred in this Act, including those related to clean energy |
7 | | and the provision of clean water, drinking water, and |
8 | | wastewater treatment. The powers of the Authority to issue |
9 | | bonds, notes, and other obligations to finance loans |
10 | | administered by the Illinois Environmental Protection Agency |
11 | | under the Public Water Supply Loan Program or the Water |
12 | | Pollution Control Loan Program or other similar programs shall |
13 | | not be limited or otherwise affected by this amendatory Act of |
14 | | the 102nd General Assembly. |
15 | | (b) In its role as the Climate Bank of the State, the |
16 | | Authority shall have the power to: (i) administer programs and |
17 | | funds appropriated by the General Assembly for clean energy |
18 | | projects in eligible communities and environmental justice |
19 | | communities or owned by eligible persons, (ii) support |
20 | | investment in the clean energy and clean water, drinking |
21 | | water, and wastewater treatment, (iii) support and otherwise |
22 | | promote investment in clean energy projects to foster the |
23 | | growth, development, and commercialization of clean energy |
24 | | projects and related enterprises, and (iv) stimulate demand |
25 | | for clean energy and the development of clean energy projects. |
26 | | (c) In addition to, and not in limitation of, any other |
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1 | | power of the Authority set forth in this Section or any other |
2 | | provisions of the general statutes, the Authority shall have |
3 | | and may exercise the following powers in furtherance of or in |
4 | | carrying out its clean energy powers and purposes: |
5 | | (1) To enter into joint ventures and invest in and |
6 | | participate with any person, including, without |
7 | | limitation, government entities and private corporations, |
8 | | engaged primarily in the development of clean energy |
9 | | projects, provided that members of the Authority or |
10 | | officers may serve as directors, members, or officers of |
11 | | any such business entity, and such service shall be deemed |
12 | | to be in the discharge of the duties or within the scope of |
13 | | the employment of any such member or officer, or Authority |
14 | | or officers, as the case may be, so long as such member or |
15 | | officer does not receive any compensation or direct or |
16 | | indirect financial benefit as a result of serving in such |
17 | | role. |
18 | | (2) To utilize funding sources, including, but not |
19 | | limited to: |
20 | | (A) funds repurposed from existing programs |
21 | | providing financing support for clean energy projects, |
22 | | provided any transfer of funds from such existing |
23 | | programs shall be subject to approval by the General |
24 | | Assembly and shall be used for expenses of financing, |
25 | | grants, and loans; |
26 | | (B) any federal funds that can be used for clean |
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|
1 | | energy purposes; |
2 | | (C) charitable gifts, grants, and contributions as |
3 | | well as loans from individuals, corporations, |
4 | | university endowment funds, and philanthropic |
5 | | foundations for clean energy projects or for the |
6 | | provision of clean water, drinking water, and |
7 | | wastewater treatment; and |
8 | | (D) earnings and interest derived from financing |
9 | | support activities for clean energy projects financed |
10 | | by the Authority. |
11 | | (3) To enter into contracts with private sources to |
12 | | raise capital. |
13 | | (d) The Authority may finance working capital, refinance |
14 | | outstanding indebtedness of any person, and otherwise assist |
15 | | in the investment of equity from any source, public or |
16 | | private, in connection with clean energy projects or any other |
17 | | projects authorized by this Act. |
18 | | (e) The Authority may assess reasonable fees on its |
19 | | financing activities to cover its reasonable costs and |
20 | | expenses, as determined by the Authority. |
21 | | (f) The Authority shall make information regarding the |
22 | | rates, terms and conditions for all of its financing support |
23 | | transactions available to the public for inspection, including |
24 | | formal annual reviews by both a private auditor and the |
25 | | Comptroller, and providing details to the public on the |
26 | | Internet, provided public disclosure shall be restricted for |
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1 | | patentable ideas, trade secrets, and proprietary or |
2 | | confidential commercial or financial information, disclosure |
3 | | of which may cause commercial harm to a nongovernmental |
4 | | recipient of such financing support and for other information |
5 | | exempt from public records disclosure pursuant to Section |
6 | | 1-210. |
7 | | (20 ILCS 3501/850-15 new) |
8 | | Sec. 850-15. Purposes; Climate Bank. In its role as the |
9 | | Climate Bank for the State, the Authority shall consider the |
10 | | following purposes: |
11 | | (1) the distribution of the benefits of clean energy |
12 | | in an equitable manner, including by evaluating benefits |
13 | | to eligible communities and equity investment eligible |
14 | | persons; |
15 | | (2) making clean energy accessible to all, especially |
16 | | eligible persons, through financing opportunities and |
17 | | grants for minority-owned businesses, as defined in the |
18 | | Business Enterprise for Minorities, Women, and Persons |
19 | | with Disabilities Act, and for low-income communities, |
20 | | eligible communities, environmental justice communities, |
21 | | and the businesses that serve these communities; and |
22 | | (3) accelerating the investment of private capital |
23 | | into clean energy projects in a manner reflective of the |
24 | | geographic, racial, ethnic, gender, and income-level |
25 | | diversity of the State. |
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1 | | Article 10. Energy Community Reinvestment Act |
2 | | Section 10-1. Short title. This Article may be cited as |
3 | | the
Energy Community Reinvestment Act. References in this |
4 | | Article
to "this Act" mean this Article.
|
5 | | Section 10-5. Findings. The General Assembly finds that, |
6 | | as
part of putting Illinois on a path to 100% renewable energy,
|
7 | | the State of Illinois should ensure a just transition to that
|
8 | | goal, providing support for the transition of Illinois'
|
9 | | communities and workers impacted by closures or reduced use of
|
10 | | fossil fuel power plants, nuclear power plants, or coal mines
|
11 | | by allocating new economic development resources for business
|
12 | | tax incentives, workforce training, site clean-up and reuse,
|
13 | | and local tax revenue replacement.
|
14 | | The General Assembly finds and declares that the health,
|
15 | | safety, and welfare of the people of this State are dependent
|
16 | | upon a healthy economy and vibrant communities; that the
|
17 | | closure of fossil fuel power plants, nuclear power plants, and
|
18 | | coal mines across this State have a significant impact on |
19 | | their
surrounding communities; that the expansion of renewable
|
20 | | energy creates job growth and contributes to the health,
|
21 | | safety, and welfare of the people of this State; that the
|
22 | | continual encouragement, development, growth, and expansion of
|
23 | | renewable energy within this State requires a cooperative and
|
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| | SB2408 Enrolled | - 112 - | LRB102 11366 BMS 16699 b |
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|
1 | | continuous partnership between government and the renewable
|
2 | | energy sector; and that there are certain areas in this State
|
3 | | that have lost, or will lose, jobs due to the closure of fossil
|
4 | | fuel power plants, nuclear power plants, and coal mines and
|
5 | | need the particular attention of government, labor, and the
|
6 | | residents of Illinois to help attract new investment into
|
7 | | these areas and directly aid the local community and its
|
8 | | residents.
|
9 | | Therefore, it is declared to be the purpose of this Act to
|
10 | | explore ways of stimulating the growth of new private
|
11 | | investment, including renewable energy investment, in this
|
12 | | State and to foster job growth in areas impacted by the closure
|
13 | | of coal energy plants, coal mines, and nuclear energy plants.
|
14 | | Section 10-10. Definitions.
As used in this Act, unless |
15 | | the
context otherwise requires:
|
16 | | "Agencies" or "State agencies" has the same meaning as
|
17 | | "State agencies" under Section 1-7 of the Illinois State
|
18 | | Auditing Act.
|
19 | | "Commission" means the Energy Transition Workforce
|
20 | | Commission created in Section 10-15.
|
21 | | "Department" means the Department of Commerce and Economic
|
22 | | Opportunity.
|
23 | | "Displaced energy worker" means an energy worker who has
|
24 | | lost employment, or is anticipated by the Department to lose
|
25 | | employment within the next 5 years, due to the reduced
|
|
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1 | | operation or closure of a fossil fuel power plant, nuclear
|
2 | | power plant, or coal mine.
|
3 | | "Energy worker" means a person who has been employed
|
4 | | full-time for a period of one year or longer, and within the
|
5 | | previous 5 years, at a fossil fuel power plant, a nuclear power
|
6 | | plant, or a coal mine located within the State of Illinois,
|
7 | | whether or not they are employed by the owner of the power
|
8 | | plant or mine. Energy workers are considered to be full-time
|
9 | | if they work at least 35 hours per week for 45 weeks a year or
|
10 | | the 1,820 work-hour equivalent with vacations, paid holidays,
|
11 | | and sick time, but not overtime, included in this computation.
|
12 | | Classification of an individual as an energy worker continues
|
13 | | for 5 years from the latest date of employment or the effective
|
14 | | date of this Act, whichever is later.
|
15 | | "Environmental justice communities" shall have the meaning
|
16 | | set forth in Section 1-56 of the Illinois Power Agency Act and
|
17 | | the most recent Commission-approved long-term renewable
|
18 | | resources procurement plan of the Illinois Power Agency.
|
19 | | "Investor-owned electric generating plant" means an |
20 | | electric generating unit or fossil fuel-fired unit that has a |
21 | | nameplate capacity or serves a generator that has a nameplate |
22 | | capacity greater than 25Mwe and that produces electricity, |
23 | | including, but not limited to, coal-fired, coal-derived, |
24 | | oil-fired, natural gas-fired, and cogeneration units.
|
25 | | "Local labor market area" means an economically integrated
|
26 | | area within which individuals reside and find employment
|
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1 | | within a reasonable distance of their places of residence or
|
2 | | can readily change jobs without changing their places of
|
3 | | residence.
|
4 | | "Low-income" means persons and families whose income does
|
5 | | not exceed 80% of area median income, adjusted for family size
|
6 | | and revised every 2 years.
|
7 | | "Renewable energy enterprise" means a company that is
|
8 | | engaged in the production, manufacturing, distribution, or
|
9 | | development of renewable energy resources and associated
|
10 | | technologies.
|
11 | | "Renewable energy project" means a project conducted by a
|
12 | | renewable energy enterprise for the purpose of generating
|
13 | | renewable energy resources or energy storage.
|
14 | | "Renewable energy resources" has the meaning set forth in
|
15 | | Section 1-10 of the Illinois Power Agency Act.
|
16 | | "Rule" has the meaning set forth in Section 1-70 of the
|
17 | | Illinois Administrative Procedure Act. |
18 | | Section 10-15. Energy Transition Workforce Commission.
|
19 | | (a) The Energy Transition Workforce Commission is hereby
|
20 | | created within the Department of Commerce and Economic
|
21 | | Opportunity.
|
22 | | (b) The Commission shall consist of the following members:
|
23 | | (1) the Director of Commerce and Economic Opportunity;
|
24 | | (2) the Director of Labor, or his or her designee, who
|
25 | | shall serve as chairperson; |
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1 | | (3) 5 members appointed by the Governor, with the
|
2 | | advice and consent of the Senate, of which at least one
|
3 | | shall be a representative of a local labor organization,
|
4 | | at least one shall be a resident of an environmental
|
5 | | justice community, at least one shall be a representative
|
6 | | of a national labor organization, and at least one shall
|
7 | | be a representative of the administrator of workforce
|
8 | | training programs created by this Act. Designees shall be |
9 | | appointed within 60 days after a vacancy; and |
10 | | (4) the 3 Regional Administrators selected under |
11 | | Section 5-15 of the Energy Transition Act. |
12 | | (c) Members of the Commission shall serve without
|
13 | | compensation, but may be reimbursed for necessary expenses
|
14 | | incurred in the performance of their duties from funds
|
15 | | appropriated for that purpose. The Department of Commerce and
|
16 | | Economic Opportunity shall provide administrative support to
|
17 | | the Commission.
|
18 | | (d) Within 240 days after the effective date of this Act, |
19 | | and in consultation with the Department of Revenue and the |
20 | | Environmental Protection Agency,
the Commission shall produce |
21 | | an Energy Transition Workforce
Report regarding the |
22 | | anticipated impact of the energy
transition and a |
23 | | comprehensive set of recommendations to
address changes to the |
24 | | Illinois workforce during the period of
2020 through 2050, or |
25 | | a later year. The report shall contain
the following elements, |
26 | | designed to be used for the programs
created in this Act:
|
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1 | | (1) Information related to the impact on current
|
2 | | workers, including:
|
3 | | (A) a comprehensive accounting of all employees
|
4 | | who currently work in fossil fuel energy generation,
|
5 | | nuclear energy generation, and coal mining in the
|
6 | | State; upon receipt of the employee's written |
7 | | authorization for the employer's release of such |
8 | | information to the Commission, this shall include |
9 | | information on their
location, employer, salary |
10 | | ranges, full-time or
part-time status, nature of their |
11 | | work, educational
attainment, union status, and other |
12 | | factors the
Commission finds relevant; |
13 | | (B) the anticipated schedule of closures of fossil
|
14 | | fuel power plants, nuclear power plants, and coal
|
15 | | mines across the State; when information is
|
16 | | unavailable to provide exact data, the report shall
|
17 | | include approximations based upon the best available
|
18 | | information;
and |
19 | | (C) an estimate of worker impacts due to scheduled
|
20 | | closures, including layoffs, early retirements, salary
|
21 | | changes, and other factors the Commission finds
|
22 | | relevant.
|
23 | | (2) Information regarding impact on communities and
|
24 | | local governments, including:
|
25 | | (A) changes in the revenue for units of local
|
26 | | government in areas that currently or recently have
|
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1 | | had a closure or reduction in operation of a fossil
|
2 | | fuel power plant, nuclear power plant, coal mine, or
|
3 | | related industry;
|
4 | | (B) environmental impacts in areas that currently
|
5 | | or recently have had fossil fuel power plants, coal
|
6 | | mines, nuclear power plants, or related industry; and
|
7 | | (C) economic impacts of the energy transition,
|
8 | | including, but not limited to, the supply chain
|
9 | | impacts of the energy transition shift toward new
|
10 | | energy sources across the State.
|
11 | | (3) Information on emerging industries and State
|
12 | | economic development opportunities in regions that have
|
13 | | historically been the site of fossil fuel power plants,
|
14 | | nuclear power plants, or coal mining.
|
15 | | (e) The Department shall periodically review its findings
|
16 | | in the developed reports and make modifications to the report
|
17 | | and programs based on new findings. The Department shall
|
18 | | conduct a comprehensive reevaluation of the report, and
|
19 | | publish a modified version, on each
of the following years |
20 | | following initial publication: 2023;
2027; 2030; 2035; 2040; |
21 | | and any year thereafter which the
Department determines is |
22 | | necessary or prudent.
|
23 | | Section 10-20. Energy Transition Community Grants.
|
24 | | (a) Subject to appropriation, the Department shall |
25 | | establish an Energy Transition Community Grant Program to |
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1 | | award grants to promote economic development in eligible |
2 | | communities.
|
3 | | (b) Funds shall be made available from the Energy |
4 | | Transition Assistance Fund to the Department to provide these |
5 | | grants.
|
6 | | (c) Communities eligible to receive these grants must meet |
7 | | one or more of the following:
|
8 | | (1) the area contains a fossil fuel or nuclear power |
9 | | plant that was retired from service or has significantly |
10 | | reduced service within 6 years before the application for |
11 | | designation or will be retired or have service |
12 | | significantly reduced within 6 years following the |
13 | | application for designation;
|
14 | | (2) the area contains a coal mine that was closed or |
15 | | had operations significantly reduced within 6 years before |
16 | | the application for designation or is anticipated to be |
17 | | closed or have operations significantly reduced within 6 |
18 | | years following the application for designation; or
|
19 | | (3) the area contains a nuclear power plant that was |
20 | | decommissioned, but continued storing nuclear waste before |
21 | | the effective date of this Act.
|
22 | | (d) Local units of governments in eligible areas may join |
23 | | with any other local unit of government, economic development |
24 | | organization, local educational institutions, community-based |
25 | | groups, or with any number or combination thereof to apply for |
26 | | the Energy Transition Community Grant.
|
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1 | | (e) To receive grant funds, an eligible community must |
2 | | submit an application to the Department, using a form |
3 | | developed by the Department.
|
4 | | (f) For grants awarded to counties or other entities that |
5 | | are not the city that hosts or has hosted the investor-owned |
6 | | electric generating plant, a resolution of support for the |
7 | | project from the city or cities that hosts or has hosted the |
8 | | investor-owned electric generating plant is required to be |
9 | | submitted with the application.
|
10 | | (g) Grants must be used to plan for or address the economic |
11 | | and social impact on the community or region of plant |
12 | | retirement or transition.
|
13 | | (h) Project applications shall include community input and |
14 | | consultation with a diverse set of stakeholders, including, |
15 | | but not limited to: Regional Planning Councils, where |
16 | | applicable; economic development organizations; low-income or |
17 | | environmental justice communities; educational institutions; |
18 | | elected and appointed officials; organizations representing |
19 | | workers; and other relevant organizations.
|
20 | | (i) Grant costs are authorized to procure third-party |
21 | | vendors for grant writing and implementation costs, including |
22 | | for guidance and opportunities to apply for additional |
23 | | federal, State, local, and private funding resources. If the |
24 | | application is approved for pre-award, one-time reimbursable |
25 | | costs to apply for the Energy Transition Community Grant are |
26 | | authorized up to 3% of the award. |
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1 | | (j) Units of local government that are taxing authorities |
2 | | for a nuclear plant that was decommissioned before January 1, |
3 | | 2021 shall receive grants in proportional shares of $15 per |
4 | | kilogram of spent nuclear fuel stored at such a facility, less |
5 | | any payments made to such communities from the federal |
6 | | government based on the amount of waste stored at a |
7 | | decommissioned nuclear plant and any property tax payments. |
8 | | Section 10-25. Displaced Energy Workers Bill of Rights.
|
9 | | (a) The Department, in collaboration with the Department |
10 | | of Employment Security, shall have the authority to
implement |
11 | | the Displaced Energy Workers Bill of Rights, and
shall be |
12 | | responsible for the implementation of the Displaced
Energy |
13 | | Workers Bill of Rights programs and rights created
under this |
14 | | Section. For purposes of this Section, "closure" means the |
15 | | permanent shutdown of an electric generating unit or coal |
16 | | mine. The Department shall provide the following benefits to |
17 | | displaced energy workers listed in paragraphs (1) through (4) |
18 | | of this subsection:
|
19 | | (1) Advance notice of power plant or coal mine
|
20 | | closure.
|
21 | | (A) The Department shall notify all energy workers
|
22 | | of the upcoming closure of any qualifying facility as
|
23 | | far in advance of the scheduled closing date as it can.
|
24 | | The Department shall engage the employer and
energy |
25 | | workers no later than within 30 days of a closure or
|
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1 | | deactivation notice being filed by the plant owner to |
2 | | the
Regional Transmission Organization of |
3 | | jurisdiction, within
30 days of the announced closure |
4 | | of a coal mine, within
30 days of a WARN notice being |
5 | | filed with the Department, or within 30 days of an |
6 | | announcement or requirement of cessation of operations |
7 | | of a plant or mine from another authoritative source, |
8 | | whichever is first.
|
9 | | (B) In providing the advance notice described in
|
10 | | this paragraph (1), the Department shall take
|
11 | | reasonable steps to ensure that all displaced energy
|
12 | | workers are educated on the various programs available
|
13 | | through the Department to assist with the energy
|
14 | | transition.
|
15 | | (2) Education on programs. The Department shall take |
16 | | reasonable steps to ensure that all displaced energy |
17 | | workers are
educated on the various programs available |
18 | | through the
Department to assist with the energy |
19 | | transition,
including, but not limited to, the Illinois |
20 | | Dislocated
Worker and Rapid Response programs. The |
21 | | Department will
develop an outreach strategy, workforce |
22 | | toolkit and quick
action plan to deploy when closures are |
23 | | announced. This
strategy will include identifying any |
24 | | additional resources
that may be needed to aid worker |
25 | | transitions that would
require contracting services.
|
26 | | (3) The Department shall provide information and
|
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| | SB2408 Enrolled | - 122 - | LRB102 11366 BMS 16699 b |
|
|
1 | | consultation to displaced energy workers on various
|
2 | | employment and educational opportunities available to
|
3 | | them, supportive services, and advise workers on which
|
4 | | opportunities meet their skills, needs, and preferences.
|
5 | | (A) Available services will include reemployment
|
6 | | services, training services, work-based learning
|
7 | | services, and financial and retirement planning
|
8 | | support.
|
9 | | (B) The Department will provide skills matching as
|
10 | | part of career counseling services to enable
|
11 | | assessment of the displaced energy worker's skills and
|
12 | | map those skills to emerging occupations in the region
|
13 | | or nationally, or both, depending on the displaced
|
14 | | worker's preferences.
|
15 | | (C) For energy workers who may be interested in
|
16 | | entrepreneurial pursuits, the Department will connect
|
17 | | these individuals with their area Small Business
|
18 | | Development Center, procurement technical assistance
|
19 | | centers, and economic development organization to
|
20 | | engage in services, including, but not limited to,
|
21 | | business consulting, business planning, regulatory
|
22 | | compliance, marketing, training, accessing capital,
|
23 | | and government bid certification assistance.
|
24 | | (4) Financial planning services. Displaced energy
|
25 | | workers shall be entitled to services as described in the
|
26 | | energy worker programs in this subsection, including
|
|
| | SB2408 Enrolled | - 123 - | LRB102 11366 BMS 16699 b |
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|
1 | | financial planning services.
|
2 | | (b) Plant owners and the owners of coal mines
located in |
3 | | Illinois shall be required to comply with the
requirements set |
4 | | out in this subsection (b). The owners shall
be required to |
5 | | take the following actions:
|
6 | | (1) Provide written notice of deactivation or closure
|
7 | | filing with the Regional Transmission Organization of
|
8 | | jurisdiction to the Department within 48 hours, if
|
9 | | applicable.
|
10 | | (2) Provide employment information for energy workers;
|
11 | | 90 days prior to the closure of an electric generating |
12 | | unit or
mine, the owners of the power plant or mine shall |
13 | | provide
energy workers information on whether there are |
14 | | employment
opportunities provided by their employer.
|
15 | | (3) Annually report to the Department on announced
|
16 | | closures of qualifying facilities. The report must include
|
17 | | information on expected closure date, number of employees,
|
18 | | planning processes, services offered for employees (such
|
19 | | as training opportunities) leading up to the closure, |
20 | | efforts made to retain employees through other employment
|
21 | | opportunities within the company, and any other
|
22 | | information that the Department requires in order to
|
23 | | implement this Section.
|
24 | | (4) Ninety days prior to closure date, provide a final |
25 | | closure
report to the Department that includes expected |
26 | | closure
date, number of employees and salaries, transition |
|
| | SB2408 Enrolled | - 124 - | LRB102 11366 BMS 16699 b |
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|
1 | | support
the company is providing to employee and |
2 | | timelines,
including assistance for training |
3 | | opportunities,
transportation support or child care |
4 | | resources to attend
training, career counseling, resume |
5 | | support, and others.
The closure report will be made |
6 | | available to the chief
elected official of each municipal |
7 | | and county government
within which the employment loss, |
8 | | relocation, or mass
layoff occurs. It shall not be made |
9 | | publicly available.
|
10 | | (5) Ninety days prior to closure date, provide
job |
11 | | descriptions for each employee at the plant or mine to
the |
12 | | Department and the entity providing career and
training |
13 | | counseling.
|
14 | | (6) Ninety days prior to closure date, make
available |
15 | | to the Department and the entity providing
career and |
16 | | training counseling any industry-related
certifications |
17 | | and on-the-job training the employee earned
to allow union |
18 | | training programs, community colleges, or
other |
19 | | certification programs to award credit for life
|
20 | | experiences in order to reduce the amount of time to
|
21 | | complete training, certificates, or degrees for the
|
22 | | dislocated employee.
|
23 | | Section 10-30. Displaced Energy Worker Dependent |
24 | | Transition Scholarship.
|
25 | | (a) Subject to appropriation, the benefits of this Section
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|
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1 | | shall be administered by and paid for out of funds made
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2 | | available to the Illinois Student Assistance Commission.
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3 | | (b) Any natural child, legally adopted child, or
stepchild |
4 | | of an eligible displaced energy worker who
possesses all |
5 | | necessary entrance requirements shall, upon
application and |
6 | | proper proof, be awarded a transition
scholarship consisting |
7 | | of the equivalent of one calendar year
of full-time |
8 | | enrollment, including summer terms, to the
State-supported |
9 | | Illinois institution of higher learning of his
or her choice.
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10 | | (c) As used in this Section, "eligible displaced energy
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11 | | worker" means an energy worker who has lost employment due to
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12 | | the reduced operation or closure of a fossil fuel power plant
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13 | | or coal mine.
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14 | | (d) Full-time enrollment means 12 or more semester hours
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15 | | of courses per semester, or 12 or more quarter hours of courses
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16 | | per quarter, or the equivalent thereof per term. Scholarships
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17 | | utilized by dependents enrolled in less than full-time study
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18 | | shall be computed in the proportion which the number of hours
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19 | | so carried bears to full-time enrollment.
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20 | | (e) Scholarships awarded under this Section may be used by
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21 | | a child without regard to his or her age. The holder of a
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22 | | Scholarship awarded under this Section shall be subject to all
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23 | | examinations and academic standards, including the maintenance
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24 | | of minimum grade levels, that are applicable generally to
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25 | | other enrolled students at the Illinois institution of higher
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26 | | learning where the scholarship is being used.
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1 | | (f) An applicant is eligible for a scholarship under this
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2 | | Section when the Commission finds the applicant:
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3 | | (1) is the natural child, legally adopted child, or
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4 | | stepchild of an eligible displaced energy worker; and
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5 | | (2) in the absence of transition scholarship
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6 | | assistance, will be deterred by financial considerations
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7 | | from completing an educational program at the
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8 | | State-supported Illinois institution of higher learning of
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9 | | his or her choice.
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10 | | (g) Funds may be made available from the Energy
Transition |
11 | | Assistance Fund to the Commission to provide these
grants.
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12 | | (h) The scholarship shall only cover tuition and fees at |
13 | | the rates offered to students residing within the State or in |
14 | | the district, but shall not exceed the cost
equivalent of one |
15 | | calendar year of full-time enrollment,
including summer terms, |
16 | | at the University of Illinois. The
Commission shall determine |
17 | | the grant amount for each student.
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18 | | Section 10-40. Energy Community Reinvestment Report.
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19 | | Beginning 365 days after the effective date of this Act, and at |
20 | | least once each calendar year thereafter, the Department shall |
21 | | create or commission the creation of a report on the energy |
22 | | worker and transition programs created in this Act and publish |
23 | | the report on its website. The report shall, at a minimum, |
24 | | contain information on program metrics, the demographics of |
25 | | participants, program impact, and recommendations for future |
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1 | | modifications to the services provided by the Department under |
2 | | these programs.
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3 | | Section 10-70. Administrative review. All final |
4 | | administrative decisions, including, but not limited to,
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5 | | funding allocation and rules issued by the Department under
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6 | | this Act are subject to judicial review under the
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7 | | Administrative Review Law. No action may be commenced under
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8 | | this Section prior to 60 days after the complainant has given
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9 | | notice in writing of the action to the Department.
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10 | | Section 10-90. Repealer. This Act is repealed 24 years |
11 | | after the effective date of this Act. |
12 | | Article 15. Community Energy, Climate, and Jobs Planning Act |
13 | | Section 15-1. Short title. This Article may be cited as |
14 | | the Community Energy, Climate, and Jobs Planning Act. |
15 | | References in this Article to "this Act" mean this Article. |
16 | | Section 15-5. Findings. The General Assembly makes the |
17 | | following findings: |
18 | | (1) The health, welfare, and prosperity of Illinois |
19 | | residents require that Illinois take all steps possible to |
20 | | combat climate change, address harmful environmental |
21 | | impacts deriving from the generation of electricity, |
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1 | | maximize quality job creation in the emerging clean energy |
2 | | economy, ensure affordable utility service, equitable and |
3 | | affordable access to transportation, and clean, safe, and |
4 | | affordable housing. |
5 | | (2) The achievement of these goals will depend on |
6 | | strong community engagement to ensure that programs and |
7 | | policy solutions meet the needs of disparate communities. |
8 | | (3) Ensuring that these goals are met without adverse |
9 | | impacts on utility bill affordability, housing |
10 | | affordability, and other essential services will depend on |
11 | | the coordination of policies and programs within local |
12 | | communities. |
13 | | Section 15-10. Definitions. As used in this Act: |
14 | | "Alternative energy improvement" means the installation or |
15 | | upgrade of electrical wiring, outlets, or charging stations to |
16 | | charge a motor vehicle that is fully or partially powered by |
17 | | electricity; photovoltaic, energy storage, or thermal |
18 | | resource; or any combination thereof. |
19 | | "Disadvantaged worker" means an individual who is defined |
20 | | as: (1) being homeless; (2) being a custodial single parent; |
21 | | (3) being a recipient of public assistance; (4) lacking a high |
22 | | school diploma or high school equivalency; (5) having a |
23 | | criminal record or other involvement in the criminal justice |
24 | | system; (6) suffering from chronic unemployment; (7) being |
25 | | previously in the child welfare system; or (8) being a |
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1 | | veteran. |
2 | | "Energy efficiency improvement" means equipment, devices, |
3 | | or materials intended to decrease energy consumption or |
4 | | promote a more efficient use of electricity, natural gas, |
5 | | propane, or other forms of energy on property, including, but |
6 | | not limited to: |
7 | | (1) insulation in walls, roofs, floors, foundations, |
8 | | or heating and cooling distribution systems; |
9 | | (2) storm windows and doors, multi-glazed windows and |
10 | | doors, heat-absorbing or heat-reflective glazed and coated |
11 | | window and door systems, and additional glazing, |
12 | | reductions in glass area, and other window and door system |
13 | | modifications that reduce energy consumption; |
14 | | (3) automated energy control systems; |
15 | | (4) high efficiency heating, ventilating, or |
16 | | air-conditioning and distribution system modifications or |
17 | | replacements; |
18 | | (5) caulking, weather-stripping, and air sealing; |
19 | | (6) replacement or modification of lighting fixtures |
20 | | to reduce the energy use of the lighting system; |
21 | | (7) energy controls or recovery systems; |
22 | | (8) day lighting systems; |
23 | | (9) any energy efficiency project, as defined in |
24 | | Section 825-65 of the Illinois Finance Authority Act; and |
25 | | (10) any other installation or modification of |
26 | | equipment, devices, or materials approved as a utility |
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1 | | cost-saving measure by the governing body. |
2 | | "Energy project" means the installation or modification of |
3 | | an alternative energy improvement, energy efficiency |
4 | | improvement, or water use improvement, or the acquisition, |
5 | | installation, or improvement of a renewable energy system that |
6 | | is affixed to a stabilized existing property, including new |
7 | | construction. |
8 | | "Environmental justice communities" means the proposed |
9 | | definition of that term based on existing methodologies and |
10 | | findings used by the Illinois Power Agency and its |
11 | | Administrator in its Illinois Solar for All Program. |
12 | | "Equity investment eligible community" or "eligible |
13 | | community" are synonymous and mean the geographic areas |
14 | | throughout Illinois which would most benefit from equitable |
15 | | investments by the State designed to combat discrimination and |
16 | | foster sustainable economic growth. Specifically, eligible |
17 | | communities shall be defined as the following areas: |
18 | | (1) R3 Areas as established pursuant to Section 10-40 |
19 | | of the Cannabis Regulation and Tax Act, where residents |
20 | | have historically been excluded from economic |
21 | | opportunities, including opportunities in the energy |
22 | | sector; and |
23 | | (2) Environmental justice communities, as defined by |
24 | | the Illinois Power Agency pursuant to the Illinois Power |
25 | | Agency Act, where residents have historically been subject |
26 | | to disproportionate burdens of pollution, including |
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1 | | pollution from the energy sector. |
2 | | "Equity investment eligible person" or "eligible person" |
3 | | are synonymous and mean the persons who would most benefit |
4 | | from equitable investments by the State designed to combat |
5 | | discrimination and foster sustainable economic growth. |
6 | | Specifically, "eligible person" means the following people: |
7 | | (1) a person whose primary residence is in an equity |
8 | | investment eligible community; |
9 | | (2) a person who is a graduate of or currently |
10 | | enrolled in the foster care system; or |
11 | | (3) a person who was formerly incarcerated. |
12 | | "Governing body" means the county board or board of county |
13 | | commissioners of a county, the city council of a municipality, |
14 | | or the board of trustees of a village. |
15 | | "Local Employment Plan" means a bidding option that public |
16 | | agencies may include in requests for proposals to incentivize |
17 | | bidders to voluntarily plan to retain and create high-skilled |
18 | | local manufacturing jobs; invest in preapprenticeship, |
19 | | apprenticeship, and training opportunities; and develop |
20 | | family-sustaining career pathways into clean energy industries |
21 | | for disadvantaged workers in a specified local area. The Local |
22 | | Employment Plan only applies to work that is not financed with |
23 | | federal money. |
24 | | "Local unit of government" means a county, municipality, |
25 | | or village. |
26 | | "Natural climate solutions" means conservation, |
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1 | | restoration, or improved land management actions that increase |
2 | | carbon storage or avoid greenhouse gas emissions on natural |
3 | | and working lands. |
4 | | "Nature-based approaches for climate adaptation" means |
5 | | actions that preserve, enhance, or expand functions provided |
6 | | by nature that increase capacity to manage adverse conditions |
7 | | created or exacerbated by climate change. "Nature-based |
8 | | approaches for climate adaptation" includes, but is not |
9 | | limited to, the restoration of native ecosystems, especially |
10 | | floodplains; installation of bioswales, rain gardens, and |
11 | | other green stormwater infrastructure; and practices that |
12 | | increase soil health and reduce urban heat island effects. |
13 | | "Public agency" means the State of Illinois or any of its |
14 | | government bodies and subdivisions, including the various |
15 | | counties, townships, municipalities, school districts, |
16 | | educational service regions, special road districts, public |
17 | | water supply districts, drainage districts, levee districts, |
18 | | sewer districts, housing authorities, and transit agencies. |
19 | | "Renewable energy resource" includes energy and its |
20 | | associated renewable energy credit or renewable energy credits |
21 | | from wind energy, solar thermal energy, geothermal energy, |
22 | | photovoltaic cells and panels, biodiesel, anaerobic digestion, |
23 | | and hydropower that does not involve new construction or |
24 | | significant expansion of hydropower dams. For purposes of this |
25 | | Act, landfill gas produced in the State is considered a |
26 | | renewable energy resource. "Renewable energy resource" does |
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1 | | not include the incineration or burning of any solid material. |
2 | | "Renewable energy system" means a fixture, product, |
3 | | device, or interacting group of fixtures, products, or devices |
4 | | on the customer's side of the meter that use one or more |
5 | | renewable energy resources to generate electricity, and |
6 | | specifically includes any renewable energy project, as defined |
7 | | in Section 825-65 of the Illinois Finance Authority Act. |
8 | | "U.S. Employment Plan" means a bidding option that public |
9 | | agencies may include in requests for proposals to incentivize |
10 | | bidders to voluntarily plan to retain and create high-skilled |
11 | | U.S. manufacturing jobs; invest in preapprenticeship, |
12 | | apprenticeship, and training opportunities; and develop |
13 | | family-sustaining career pathways into clean energy industries |
14 | | for disadvantaged workers throughout the U.S. The U.S. |
15 | | Employment Plan only applies to work financed with federal |
16 | | Money. |
17 | | "Water use improvement" means any fixture, product, |
18 | | system, device, or interacting group thereof for or serving |
19 | | any property that has the effect of conserving water resources |
20 | | through improved water management, efficiency, or thermal |
21 | | resource. |
22 | | Section 15-15. Community Energy, Climate, and Jobs Plans; |
23 | | creation. |
24 | | (a) Pursuant to the procedures in Section 15-20, a local |
25 | | unit of government may establish Community Energy, Climate, |
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1 | | and Jobs Plans and identify boundaries and areas covered by |
2 | | the Plans. |
3 | | (b) Community Energy, Climate, and Jobs Plans are intended |
4 | | to aid local governments in developing a comprehensive |
5 | | approach to combining different energy, climate, and jobs |
6 | | programs and funding resources to achieve complementary |
7 | | impact. An effective planning process may: |
8 | | (1) help communities discover ways that their local |
9 | | government, businesses, and residents can control their |
10 | | energy use and lower their bills; |
11 | | (2) ensure a cost-effective transition away from |
12 | | fossil fuels in the transportation sector; |
13 | | (3) expand access to workforce development and job |
14 | | training opportunities for disadvantaged workers in the |
15 | | emerging clean energy economy; |
16 | | (4) incentivize the creation and retention of quality |
17 | | Illinois jobs (when federal funds are not involved) in the |
18 | | emerging clean energy economy; |
19 | | (5) incentivize the creation and retention of quality |
20 | | U.S. jobs in the emerging clean energy economy; |
21 | | (6) promote economic development through improvements |
22 | | in community infrastructure, transit, and support for |
23 | | local business; |
24 | | (7) improve the health of Illinois communities, |
25 | | especially eligible communities, by reducing emissions, |
26 | | addressing existing brownfield areas, and promoting the |
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1 | | integration of distributed energy resources; |
2 | | (8) enable greater customer engagement, empowerment, |
3 | | and options for energy services, and ultimately reduce |
4 | | utility bills for Illinoisans; |
5 | | (9) bring the benefits of grid modernization and the |
6 | | deployment of distributed energy resources to economically |
7 | | disadvantaged communities and eligible communities |
8 | | throughout Illinois; |
9 | | (10) support existing Illinois policy goals promoting |
10 | | energy efficiency, demand response, and investments in |
11 | | renewable energy resources; |
12 | | (11) enable communities to better respond to extreme |
13 | | heat and cold emergencies; |
14 | | (12) explore opportunities to expand and improve |
15 | | recreational amenities, wildlife habitat, flood |
16 | | mitigation, agricultural production, tourism, and similar |
17 | | co-benefits by deploying natural climate solutions and |
18 | | nature-based approaches for climate adaptation; and |
19 | | (13) ensure eligible persons, minorities, women, |
20 | | people with disabilities, and veterans meaningfully |
21 | | participate in the transition to a clean energy economy. |
22 | | (c) A Community Energy, Climate, and Jobs Plan may include |
23 | | discussion of: |
24 | | (1) the demographics of the community, including |
25 | | information on the mix of residential and commercial areas |
26 | | and populations, ages, languages, education, and workforce |
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1 | | training, including an examination of the average utility |
2 | | bills paid within the community by class and zip code, the |
3 | | percentage and locations of individuals requiring energy |
4 | | assistance, and participation of community members in |
5 | | other assistance programs; |
6 | | (2) an examination of the community's energy use, for |
7 | | electricity, natural gas, transportation, and other fuels; |
8 | | (3) the geography of the community, including the |
9 | | amount of green space, brownfield sites, farmland, |
10 | | waterways, flood zones, heat islands, areas for potential |
11 | | development, location of critical infrastructure such as |
12 | | emergency response facilities, health care and education |
13 | | facilities, and public transportation routes; |
14 | | (4) information on economic development opportunities, |
15 | | commercial usage, and employment opportunities; |
16 | | (5) the current status of zero emission vehicles |
17 | | operated by or on behalf of public agencies within the |
18 | | community; and |
19 | | (6) other topics deemed applicable by the community. |
20 | | (d) A Community Energy, Climate, and Jobs Plan may address |
21 | | the following areas: |
22 | | (1) distributed energy resources, including energy |
23 | | efficiency, demand response, dynamic pricing, energy |
24 | | storage, and solar (thermal, rooftop, and community); |
25 | | (2) building codes, both commercial and residential; |
26 | | (3) alternative transportation funding; |
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1 | | (4) transit options, including individual car |
2 | | ownership, ridesharing, buses, trains, bicycles, and |
3 | | pedestrian walkways; |
4 | | (5) community assets related to extreme heat and cold |
5 | | emergencies, such as cooling and warming centers; |
6 | | (6) public agency procurements of zero emission, |
7 | | electric vehicles; and |
8 | | (7) networks of natural resources and infrastructure. |
9 | | (e) A Community Energy, Climate, and Jobs Plan may |
10 | | conclude with proposals to: |
11 | | (1) increase the use of electricity as a |
12 | | transportation fuel at multi-unit dwellings; |
13 | | (2) maximize the system-wide benefits of |
14 | | transportation electrification; |
15 | | (3) direct public agencies to implement tools, such as |
16 | | the U.S. Employment Plan or a Local Employment Plan, to |
17 | | incentivize manufacturers in clean energy industries to |
18 | | create and retain quality jobs and invest in training, |
19 | | workforce development, and apprenticeship programs in |
20 | | connection to a major contract; |
21 | | (4) test innovative load management programs or rate |
22 | | structures associated with the use of electric vehicles by |
23 | | residential customers to achieve customer fuel cost |
24 | | savings relative to gasoline or diesel fuels and to |
25 | | optimize grid efficiency; |
26 | | (5) increase the integration of distributed energy |
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1 | | resources in the community; |
2 | | (6) significantly expand the percentage of net-zero |
3 | | housing and net-zero buildings in the community; |
4 | | (7) improve utility bill affordability; |
5 | | (8) increase mass transit ridership; |
6 | | (9) decrease vehicle miles traveled; |
7 | | (10) reduce local emissions of greenhouse gases, NO x , |
8 | | SO x , particulate matter, and other air pollutants; |
9 | | (11) improve community assets that help residents |
10 | | respond to extreme heat and cold emergencies; and |
11 | | (12) expand opportunities for eligible persons, |
12 | | minorities, women, people with disabilities, and veterans |
13 | | to meaningfully participate in the transition to a clean |
14 | | energy economy. |
15 | | (f) A Community Energy, Climate, and Jobs Plan may be |
16 | | administered by one or more program administrators or the |
17 | | local unit of government. |
18 | | Section 15-20. Community Energy, Climate, and Jobs |
19 | | Planning process. |
20 | | (a) An effective planning process shall engage a diverse |
21 | | set of stakeholders in local communities, including: |
22 | | environmental justice organizations; economic development |
23 | | organizations; faith-based nonprofit organizations; |
24 | | educational institutions; interested residents; health care |
25 | | institutions; tenant organizations; housing institutions, |
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1 | | developers, and owners; elected and appointed officials; and |
2 | | representatives reflective of each local community. |
3 | | (b) An effective planning process shall engage individual |
4 | | members of the community to the extent possible to ensure that |
5 | | the Plans receive input from as diverse a set of perspectives |
6 | | as possible. |
7 | | (c) Plan materials and meetings related to the Plan shall |
8 | | be translated into languages that reflect the makeup of the |
9 | | local community. |
10 | | (d) The planning process shall be conducted in an ethical, |
11 | | transparent fashion, and continually review its policies and |
12 | | practices to determine how best to meet its objectives. |
13 | | (e) The Community, Energy, and Climate Plans shall take |
14 | | into account other applicable or relevant economic development |
15 | | plans, such as a Comprehensive Economic Development Strategy, |
16 | | developed by a local unit of government, economic development |
17 | | organization, or Regional Planning Council. |
18 | | Section 15-25. Joint Community Energy, Climate, and Jobs |
19 | | Plans. A local unit of government may join with any other local |
20 | | unit of government, or with any public or private person, or |
21 | | with any number or combination thereof, under the |
22 | | Intergovernmental Cooperation Act, by contract or otherwise as |
23 | | may be permitted by law, for the implementation of a Community |
24 | | Energy, Climate, and Jobs Plan, in whole or in part. |
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1 | | Section 15-90. Repealer. This Act is repealed 24 years |
2 | | after the effective date of this Act. |
3 | | Article 20. Illinois Clean Energy |
4 | | Jobs and Justice Fund Act |
5 | | Section 20-1. Short title. This Article may be cited as |
6 | | the Clean Energy Jobs and Justice Fund Act. References in this |
7 | | Article to "this Act" mean this Article. |
8 | | Section 20-5. Purpose. The purpose of this Act is to |
9 | | promote the health, welfare, and prosperity of all the |
10 | | residents of this State by ensuring access to financial |
11 | | products that allow Illinois residents and businesses to |
12 | | invest in clean energy. Furthermore, the Clean Energy Jobs and |
13 | | Justice Fund, is designed to fill the following purposes: |
14 | | (1) ensure that the benefits of the clean energy |
15 | | economy are equitably distributed; |
16 | | (2) make clean energy accessible to all through the |
17 | | provision of innovative financing opportunities and grants |
18 | | for Minority Business Enterprises (MBE) and other |
19 | | contractors of color, and for low-income, environmental |
20 | | justice, and BIPOC communities and the businesses that |
21 | | serve these communities; |
22 | | (3) prioritize the provision of public and private |
23 | | capital for clean energy investment to MBEs and other |
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1 | | contractors of color, and to businesses serving |
2 | | low-income, environmental justice, and BIPOC communities; |
3 | | (4) accelerate the flow of private capital into clean |
4 | | energy markets; |
5 | | (5) assist low-income, environmental justice, and |
6 | | BIPOC community utility customers in paying for solar and |
7 | | energy efficiency upgrades through energy cost savings; |
8 | | (6) increase access to no-cost and low-cost loans for |
9 | | MBE and other contractors of color; |
10 | | (7) develop financing products designed to compensate |
11 | | for historical and structural barriers preventing |
12 | | low-income, environmental justice, and BIPOC communities |
13 | | from accessing traditional financing; |
14 | | (8) leverage private investment in clean energy |
15 | | projects and in projects developed by MBEs and other |
16 | | contractors of color; and |
17 | | (9) pursue financial self-sustainability through |
18 | | innovative financing products. |
19 | | Section 20-10. Definitions. As used in this Act: |
20 | | "Black, indigenous, and people of color" or "BIPOC" means |
21 | | people who are members of the groups described in |
22 | | subparagraphs (a) through (e) of paragraph (A) of subsection |
23 | | (1) of Section 2 of the Business Enterprise for Minorities, |
24 | | Women, and Persons with Disabilities Act. |
25 | | "Board" means the Board of Directors of the Clean Energy |
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1 | | Jobs and Justice Fund. |
2 | | "Contractor of color" means a business entity that is at |
3 | | least 51% owned by one or more BIPOC persons, or in the case of |
4 | | a corporation, at least 51% of the corporation's stock is |
5 | | owned by one or more BIPOC persons, and the management and |
6 | | daily business operations of which are controlled by one or |
7 | | more of the BIPOC persons who own it. A contractor of color may |
8 | | also be a nonprofit entity with a board of directors composed |
9 | | of at least 51% BIPOC persons or a nonprofit entity certified |
10 | | by the State of Illinois to be minority-led. |
11 | | "Environmental justice communities" means the definition |
12 | | of that term based on existing methodologies and findings used |
13 | | by the Illinois Power Agency and its Administrator of the |
14 | | Illinois Solar for All Program. |
15 | | "Fund" means the Clean Energy Jobs and Justice Fund. |
16 | | "Low-income" means households whose income does not exceed |
17 | | 80% of Area Median Income (AMI), adjusted for family size and |
18 | | revised every 5 years. |
19 | | "Low-income community" means a census tract where at least |
20 | | half of households are low-income. |
21 | | "Minority-owned business enterprise" or "MBE" means a |
22 | | business certified as such by an authorized unit of government |
23 | | or other authorized entity in Illinois. |
24 | | "Municipality" means a city, village, or incorporated |
25 | | town. |
26 | | "Person" means any natural person, firm, partnership, |
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1 | | corporation, either domestic or foreign, company, association, |
2 | | limited liability company, joint stock company, or association |
3 | | and includes any trustee, receiver, assignee, or personal |
4 | | representative thereof. |
5 | | Section 20-15. Clean Energy Jobs and Justice Fund. |
6 | | (a) Not later than 30 days after the effective date of this |
7 | | Act, there shall be incorporated a nonprofit corporation to be |
8 | | known as the "Clean Energy Jobs and Justice Fund". |
9 | | (b) The Fund shall not be an agency or instrumentality of |
10 | | the State Government. |
11 | | (c) The full faith and credit of the State of Illinois |
12 | | shall not extend to the Fund. |
13 | | (d) The Fund shall: |
14 | | (1) Be an organization described in subsection (c) of |
15 | | Section 501 of the Internal Revenue Code of 1986 and |
16 | | exempt from taxation under subsection (a) of Section 501 |
17 | | of that Code; |
18 | | (2) Ensure that no part of the income or assets of the |
19 | | Fund shall inure to the benefit of any director, officer, |
20 | | or employee, except as reasonable compensation for |
21 | | services or reimbursement for expenses; and |
22 | | (3) Not contribute to or otherwise support any |
23 | | political party or candidate for elective office. |
24 | | Section 20-20. Board of Directors. |
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1 | | (a) The Fund shall be managed by, and its powers, |
2 | | functions, and duties shall be exercised through, a Board to |
3 | | be composed of 11 members. The initial members of the Board |
4 | | shall be appointed by the Governor with the advice and consent |
5 | | of the Senate within 60 days after the effective date of this |
6 | | Act. Members of the Board shall be broadly representative of |
7 | | the communities that the Fund is designed to serve. Of such |
8 | | members: |
9 | | (1) at least one member shall be selected from each of |
10 | | the following geographic regions in the State: northeast, |
11 | | northwest, central, and southern; |
12 | | (2) at least 2 members shall have experience in |
13 | | providing energy-related services to low-income, |
14 | | environmental justice, or BIPOC communities; |
15 | | (3) at least one member shall own or be employed by an |
16 | | MBE or BIPOC-owned business focused on the deployment of |
17 | | clean energy; |
18 | | (4) at least one member shall be a policy or |
19 | | implementation expert in serving low-income, environmental |
20 | | justice or BIPOC communities or individuals, including |
21 | | environmental justice communities, BIPOC communities, |
22 | | formerly convicted persons, persons who are or were in the |
23 | | child welfare system, displaced energy workers, gender |
24 | | nonconforming and transgender individuals, or youth; and |
25 | | (5) at least one member shall be from a |
26 | | community-based organization with a specific mission to |
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1 | | support racially and socioeconomically diverse |
2 | | environmental justice communities. |
3 | | (a-5) The terms of the initial members of the Board shall |
4 | | be as follows: |
5 | | (1) 5 members appointed and confirmed shall have |
6 | | initial 5-year terms; |
7 | | (2) 3 members appointed and confirmed shall have |
8 | | initial 4-year terms; and |
9 | | (3) 3 members appointed and confirmed shall have |
10 | | initial 3-year terms. |
11 | | (b) Subsequent composition and terms. |
12 | | (1) Except for the selection of the initial members of |
13 | | the Board for their initial terms under paragraph (1) of |
14 | | subsection (a) of this Section, the members of the Board |
15 | | shall be elected by the members of the Board. |
16 | | (2) A member of the Board shall be disqualified from |
17 | | voting for any position on the Board for which such member |
18 | | is a candidate. |
19 | | (3) All members elected pursuant to paragraph (2) of |
20 | | subsection (a) of this Section shall have a term of 5 |
21 | | years. |
22 | | (c) The members of the Board shall be broadly |
23 | | representative of the communities that the Fund is designed to |
24 | | serve and shall collectively have expertise in environmental |
25 | | justice, energy efficiency, distributed renewable energy, |
26 | | workforce development, finance and investments, clean |
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1 | | transportation, and climate resilience. Of such members: |
2 | | (1) not fewer than 2 shall be selected from each of the |
3 | | following geographic regions in the State: northeast, |
4 | | northwest, central, and southern; |
5 | | (2) not fewer than 2 shall be from an MBE or |
6 | | BIPOC-owned business focused on the deployment of clean |
7 | | energy; |
8 | | (3) not fewer than 2 shall be from a community-based |
9 | | organization with a specific mission to support racially |
10 | | and socioeconomically diverse environmental justice |
11 | | communities; and |
12 | | (4) not fewer than 2 shall be from an organization |
13 | | specializing in providing energy-related services to |
14 | | low-income, environmental justice, or BIPOC communities. |
15 | | (5) Members of the Board can fulfill multiple |
16 | | criteria, such as representing the southern region and an |
17 | | MBE or BIPOC-owned business focused on the deployment of |
18 | | clean energy. |
19 | | (d) No officer or employee of the State or any other level |
20 | | of government may be appointed or elected as a member of the |
21 | | Board. |
22 | | (e) Seven members of the Board shall constitute a quorum. |
23 | | (f) The Board shall adopt, and may amend, such bylaws as |
24 | | are necessary for the proper management and functioning of the |
25 | | Fund. Such bylaws shall include designation of officers of the |
26 | | Fund and the duties of such officers. |
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1 | | (g) No person who is an employee in any managerial or |
2 | | supervisory capacity, director, officer or agent or who is a |
3 | | member of the immediate family of any such employee, director, |
4 | | officer, or agent of any public utility is eligible to be a |
5 | | director. No director may hold any elective position, be a |
6 | | candidate for any elective position, be a State public |
7 | | official, be employed by the Illinois Commerce Commission, or |
8 | | be employed in a governmental position exempt from the |
9 | | Illinois Personnel Code. |
10 | | (h) No director, nor member of his or her immediate family |
11 | | shall, either directly or indirectly, be employed for |
12 | | compensation as a staff member or consultant of the Fund. |
13 | | (i) The Board shall hold regular meetings at least once |
14 | | every 3 months on such dates and at such places as it may |
15 | | determine. Meetings may be held by teleconference or |
16 | | videoconference. Special meetings may be called by the |
17 | | president or by a majority of the directors upon at least 7 |
18 | | days' advance written notice. The act of the majority of the |
19 | | directors, present at a meeting at which a quorum is present, |
20 | | shall be the act of the Board of Directors unless the act of a |
21 | | greater number is required by this Act or bylaws. A summary of |
22 | | the minutes of every Board meeting shall be made available to |
23 | | each public library in the State upon request and to |
24 | | individuals upon request. Board of Directors meeting minutes |
25 | | shall be posted on the Fund's website within 14 days after |
26 | | Board approval of the minutes. |
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1 | | (j) A director may not receive any compensation for his or |
2 | | her services but shall be reimbursed for necessary expenses, |
3 | | including travel expenses incurred in the discharge of duties. |
4 | | The Board shall establish standard allowances for mileage, |
5 | | room and meals and the purposes for which such allowances may |
6 | | be made and shall determine the reasonableness and necessity |
7 | | for such reimbursements. |
8 | | (k) In the event of a vacancy on the Board, the Board of |
9 | | Directors shall appoint a temporary member, consistent with |
10 | | the requirements of the Board composition, to serve the |
11 | | remainder of the term for the vacant seat. |
12 | | (l) The Board shall adopt rules for its own management and |
13 | | government, including bylaws and a conflict of interest |
14 | | policy. |
15 | | (m) The Board of Directors of the Fund shall adopt written |
16 | | procedures for: |
17 | | (1) adopting an annual budget and plan of operations, |
18 | | including a requirement of Board approval before the |
19 | | budget or plan may take effect; |
20 | | (2) hiring, dismissing, promoting, and compensating |
21 | | employees of the Fund, including an affirmative action |
22 | | policy and a requirement of Board approval before a |
23 | | position may be created or a vacancy filled; |
24 | | (3) acquiring real and personal property and personal |
25 | | services, including a requirement of Board approval for |
26 | | any non-budgeted expenditure in excess of $5,000; |
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1 | | (4) contracting for financial, legal, bond |
2 | | underwriting and other professional services, including |
3 | | requirements that the Fund (i) solicit proposals at least |
4 | | once every 3 years for each such service that it uses, and |
5 | | (ii) ensure equitable contracting with diverse suppliers; |
6 | | (5) issuing and retiring bonds, bond anticipation |
7 | | notes, and other obligations of the Fund; and |
8 | | (6) awarding loans, grants and other financial |
9 | | assistance, including (i) eligibility criteria, the |
10 | | application process and the role played by the Fund's |
11 | | staff and Board of Directors, and (ii) ensuring racial |
12 | | equity in the awarding of loans, grants, and other |
13 | | financial assistance. |
14 | | (n) The Board shall develop a robust set of metrics to |
15 | | measure the degree to which the program is meeting the |
16 | | purposes set forth in Section 20-5 of this Act, and especially |
17 | | measuring adherence to the racial equity purposes set forth |
18 | | there, and a reporting format and schedule to be adhered to by |
19 | | the Fund officers and staff. These metrics and reports shall |
20 | | be posted quarterly on the Fund's website. |
21 | | (o) The Board of Directors has the responsibility to make |
22 | | program adjustments necessary to ensure that the Clean Energy |
23 | | Jobs and Justice Fund is meeting the purposes set forth in this |
24 | | Act. Fund officers and staff and the Board of Directors are |
25 | | responsible for ensuring capital providers and Fund officers |
26 | | and staff, partners, and financial institutions are held to |
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1 | | state and federal standards for ethics and predatory lending |
2 | | practices and shall immediately remove any offending products |
3 | | and sponsoring organizations from Fund participation. |
4 | | (p) The Board shall issue annually a report reviewing the |
5 | | activities of the Fund in detail and shall provide a copy of |
6 | | such report to the joint standing committees of the General |
7 | | Assembly having cognizance of matters relating to energy and |
8 | | commerce. The report shall be published on the Fund's website |
9 | | within 3 days after its submission to the General Assembly.
|
10 | | Section 20-25. Powers and duties. |
11 | | (a) The Fund shall endeavor to perform the following |
12 | | actions, but is not limited to these specified actions: |
13 | | (1) Develop programs to finance and otherwise support |
14 | | clean energy investment and projects as determined by the |
15 | | Fund in keeping with the purposes of this Act. |
16 | | (2) Support financing or other expenditures that |
17 | | promote investment in clean energy sources in order to (i) |
18 | | foster the development and commercialization of clean |
19 | | energy projects, including projects serving low-income, |
20 | | environmental justice, and BIPOC communities, and (ii) |
21 | | support project development by MBE and other contractors |
22 | | of color. |
23 | | (3) Prioritize the provision of public and private |
24 | | capital for clean energy investment to MBEs and other |
25 | | contractors of color, and to clean energy investment in |
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1 | | low-income, environmental justice, and BIPOC communities. |
2 | | (4) Provide access to grants, no-cost, and low-cost |
3 | | loans to MBEs and other contractors of color, including |
4 | | those participating in the Clean Energy Primes Contractor |
5 | | Accelerator Program. |
6 | | (5) Provide financial assistance in the form of |
7 | | grants, loans, loan guarantees or debt and equity |
8 | | investments, as approved in accordance with written |
9 | | procedures. |
10 | | (6) Assume or take title to any real property, convey |
11 | | or dispose of its assets and pledge its revenues to secure |
12 | | any borrowing, convey or dispose of its assets and pledge |
13 | | its revenues to secure any borrowing, for the purpose of |
14 | | developing, acquiring, constructing, refinancing, |
15 | | rehabilitating or improving its assets or supporting its |
16 | | programs, provided each such borrowing or mortgage, unless |
17 | | otherwise provided by the Board or the Fund, shall be a |
18 | | special obligation of the Fund, which obligation may be in |
19 | | the form of bonds, bond anticipation notes, or other |
20 | | obligations that evidence an indebtedness to the extent |
21 | | permitted under this Act to fund, refinance and refund the |
22 | | same and provide for the rights of holders thereof, and to |
23 | | secure the same by pledge of revenues, notes and mortgages |
24 | | of others, and which shall be payable solely from the |
25 | | assets, revenues and other resources of the Fund and such |
26 | | bonds may be secured by a special capital reserve fund |
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1 | | contributed to by the State. |
2 | | (7) Contract with community-based organizations to |
3 | | design and implement program marketing, communications, |
4 | | and outreach to potential users of the Fund's products, |
5 | | particularly potential users in low-income, environmental |
6 | | justice, and BIPOC communities. These contracts shall |
7 | | include funding to ensure that the contracted |
8 | | community-based organizations provide materials and |
9 | | outreach support, including payments for time and |
10 | | expenses, to other community organizations, professional |
11 | | organizations, and subcontractors that have an interest in |
12 | | the Fund's financial products. |
13 | | (8) Collect the following data and perform monthly and |
14 | | quarterly reporting to the Board in accordance with the |
15 | | reporting format and schedule developed by the Board of |
16 | | Directors: |
17 | | (A) baseline data on capital sources or providers, |
18 | | loan recipients, projects funded, loan terms, and |
19 | | other relevant financial data; |
20 | | (B) diversity and equity data, including race, |
21 | | gender, socioeconomic, and geographic region; and |
22 | | (C) program administration and servicing data.
|
23 | | These reports shall be published to the Fund's website |
24 | | monthly and quarterly. Reports published to the |
25 | | website may be anonymized to protect the data of |
26 | | individual program participants. |
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1 | | (9) Have the purposes as provided by resolution of the |
2 | | Fund's Board of Directors, which purposes shall be |
3 | | consistent with this Section and Section 20-5 of this Act. |
4 | | No further action is required for the establishment of the |
5 | | Fund, except the adoption of a resolution for the Fund. |
6 | | (b) In addition to, and not in limitation of, any other |
7 | | power of the Fund set forth in this Section or any other |
8 | | provision of the general statutes, the Fund shall have and may |
9 | | exercise the following powers in furtherance of or in carrying |
10 | | out its purposes: |
11 | | (1) have perpetual succession as a body corporate and |
12 | | to adopt bylaws, policies, and procedures for the |
13 | | regulation of its affairs and the conduct of its business; |
14 | | (2) make and enter into all contracts and agreements |
15 | | that are necessary or incidental to the conduct of its |
16 | | business; |
17 | | (3) invest in, acquire, lease, purchase, own, manage, |
18 | | hold, sell, and dispose of real or personal property or |
19 | | any interest therein; |
20 | | (4) borrow money or guarantee a return to investors or |
21 | | lenders; |
22 | | (5) hold patents, copyrights, trademarks, marketing |
23 | | rights, licenses, or other rights in intellectual |
24 | | property; |
25 | | (6) employ such assistants, agents, and employees as |
26 | | may be necessary or desirable; establish all necessary or |
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1 | | appropriate personnel practices and policies, including |
2 | | those relating to hiring, promotion, compensation and |
3 | | retirement, and engage consultants, attorneys, financial |
4 | | advisers, appraisers, and other professional advisers as |
5 | | may be necessary or desirable; |
6 | | (7) invest any funds not needed for immediate use or |
7 | | disbursement pursuant to investment policies adopted by |
8 | | the Fund's Board of Directors; |
9 | | (8) procure insurance against any loss or liability |
10 | | with respect to its property or business of such types, in |
11 | | such amounts and from such insurers as it deems desirable; |
12 | | (9) enter into joint ventures and invest in, and |
13 | | participate with any person, including, without |
14 | | limitation, government entities and private corporations, |
15 | | in the formation, ownership, management and operation of |
16 | | business entities, including stock and nonstock |
17 | | corporations, limited liability companies and general or |
18 | | limited partnerships, formed to advance the purposes of |
19 | | the Fund, provided members of the Board of Directors or |
20 | | officers or employees of the Fund may serve as directors, |
21 | | members or officers of any such business entity, and such |
22 | | service shall be deemed to be in the discharge of the |
23 | | duties or within the scope of the employment of any such |
24 | | director, officer or employee, as the case may be, so long |
25 | | as such director, officer or employee does not receive any |
26 | | compensation or financial benefit as a result of serving |
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1 | | in such role; and |
2 | | (10) all other acts necessary or convenient to carry |
3 | | out the purposes of this Act. |
4 | | (c) Before making any loan, loan guarantee, or such other |
5 | | form of financing support or risk management for a clean |
6 | | energy project, the Fund shall develop standards to govern the |
7 | | administration of the Fund through rules, policies, and |
8 | | procedures that specify borrower eligibility, terms, and |
9 | | conditions of support, and other relevant criteria, standards, |
10 | | or procedures. |
11 | | (d) Funding sources specifically authorized include, but |
12 | | are not limited to: |
13 | | (1) funds repurposed from existing programs providing |
14 | | financing support for clean energy projects, provided any |
15 | | transfer of funds from such existing programs shall be |
16 | | subject to approval by the General Assembly and shall be |
17 | | used for expenses of financing, grants, and loans; |
18 | | (2) any federal funds that can be used for the |
19 | | purposes specified in this Act; |
20 | | (3) charitable gifts, grants, contributions, as well |
21 | | as loans from individuals, corporations, university |
22 | | endowment funds, and philanthropic foundations; and |
23 | | (4) earnings and interest derived from financing |
24 | | support activities for clean energy projects backed by the |
25 | | Fund. |
26 | | (e) The Fund may enter into agreements with private |
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1 | | sources to raise capital. |
2 | | (f) The Fund may assess reasonable fees on its financing |
3 | | activities to cover its reasonable costs and expenses, as |
4 | | determined by the Board. |
5 | | (g) The Fund shall make information regarding the rates, |
6 | | terms and conditions for all of its financing support |
7 | | transactions available to the public for inspection, including |
8 | | formal annual reviews by both a private auditor conducted |
9 | | pursuant this Section and the Comptroller, and provide details |
10 | | to the public on the Internet, provided public disclosure |
11 | | shall be restricted for patentable ideas, trade secrets, |
12 | | proprietary or confidential commercial or financial |
13 | | information, disclosure of which may cause commercial harm to |
14 | | a nongovernmental recipient of such financing support and for |
15 | | other information exempt from public records disclosure. |
16 | | (h) The powers enumerated in this Section shall be |
17 | | interpreted broadly to effectuate the purposes established in |
18 | | this Section and shall not be construed as a limitation of |
19 | | powers. |
20 | | Section 20-30. Primary responsibilities in early program |
21 | | development. |
22 | | (a) Consistent with the goals of this Act, the Fund has the |
23 | | authority to pursue a broad range of financial products and |
24 | | services. In early development of products and services |
25 | | offered, the Fund should consider the following programs as |
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1 | | its initial set of investment initiatives: |
2 | | (1) a solar lease, power-purchase agreement, or |
3 | | loan-to-own product specifically designed to complement |
4 | | and grow the Illinois Solar for All Program; |
5 | | (2) direct capitalization of contractors of color |
6 | | participating in or graduating from the workforce and |
7 | | business development programs established in the Energy |
8 | | Transition Act; |
9 | | (3) providing direct capitalization of community-based |
10 | | projects in environmental justice communities through |
11 | | upfront grants. Project applications should provide a |
12 | | community benefit, align with environmental justice |
13 | | communities, be in support of this Act's contractor and |
14 | | workforce development goals, and support upfront planning, |
15 | | development, and start up costs that often are not covered |
16 | | prior to applying for program incentives and other loan |
17 | | products; |
18 | | (4) providing loan loss reserve products to secure |
19 | | stable and low-interest financing for individual projects |
20 | | and portfolios consistent with the goals of this Act that |
21 | | would be otherwise unable to receive financing; and |
22 | | (5) offering financing and administrative services for |
23 | | municipal utilities and rural electric cooperatives to |
24 | | create their own version of the on-bill Equitable Energy |
25 | | Upgrade Program such as the Pay As You Save program |
26 | | developed by the Energy Efficiency Institute. |
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1 | | Section 20-35. Executive director and fund management. |
2 | | (a) The executive director hired by the Board shall have |
3 | | the same qualifications as a director pursuant to subsections |
4 | | (d), (g), and (h) of Section 20-20 of this Act. The executive |
5 | | director may not be a candidate for the Board of Directors |
6 | | while serving as executive director. The executive director |
7 | | must have 5 or more years of experience in equitable and |
8 | | inclusive financing serving racially and socioeconomically |
9 | | diverse communities. |
10 | | (b) To hire the executive director, the Board shall adhere |
11 | | to any applicable State or federal law prohibiting |
12 | | discrimination in employment. |
13 | | (c) The Board shall require all applicants for the |
14 | | position of executive director of the Fund to file a financial |
15 | | statement consistent with requirements established by the |
16 | | Board. The Board shall require the executive director to file |
17 | | a current statement annually. |
18 | | (d) The Fund shall be administered by the executive |
19 | | director and the staff and overseen by the Board of Directors. |
20 | | Fund officers and staff shall receive training in how to best |
21 | | provide services and support to low-income, environmental |
22 | | justice, and BIPOC communities and on supporting borrowers |
23 | | with loan applications, loan underwriting, and loan services. |
24 | | Section 20-40. Dissolution. The Fund may dissolve or be |
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1 | | dissolved under the General Not for Profit Corporation Act. |
2 | | Section 20-90. Repealer. This Act is repealed 24 years |
3 | | after the effective date of this Act. |
4 | | Article 90. |
5 | | Section 90-1. Legislative findings. The General Assembly |
6 | | finds and declares: |
7 | | (1) The overall objectives of regulation of the |
8 | | electric utility industry in this State, as expressed by |
9 | | the General Assembly in the Illinois Power Agency Act and |
10 | | the Public Utilities Act, include the provision of |
11 | | adequate, efficient, reliable, environmentally safe, and |
12 | | least-cost utility services at prices that accurately |
13 | | reflect the long-term cost of such services and that are |
14 | | equitable to all citizens. |
15 | | (2) For many years, a significant portion of the |
16 | | electricity consumed by consumers and businesses in this |
17 | | State, particularly in the downstate region, has been |
18 | | produced by large coal-fueled electric generating stations |
19 | | located in the downstate region. However, in recent years, |
20 | | the prices for electric generating capacity and energy |
21 | | available to coal-fueled electric generating stations |
22 | | located in the downstate region of this State have been |
23 | | insufficient to enable many electric generating facilities |
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1 | | located within the downstate region to remain in |
2 | | operation, and have placed other electric generating |
3 | | stations at risk of closure. Changes in environmental |
4 | | regulations and, significantly, increasing concerns about |
5 | | the effects of carbon emissions on the climate, have also |
6 | | contributed to the retirement of coal-fueled generating |
7 | | stations in the downstate region. As a result, the vast |
8 | | majority of the coal-fueled generation located in |
9 | | Illinois, and particularly in the downstate region, has |
10 | | recently been retired or will be retired by no later than |
11 | | the end of 2027. |
12 | | (3) Reliable electric service at all times is |
13 | | essential to the functioning of a modern economy and of |
14 | | society in general. The health, welfare, and prosperity of |
15 | | Illinois citizens, including the attractiveness of the |
16 | | State of Illinois to business and industry, requires the |
17 | | availability of sufficient electric generating capacity, |
18 | | including energy storage capacity, to meet the demands of |
19 | | consumers and businesses in this State at all times. |
20 | | However, to a significant extent, electricity, when |
21 | | generated, cannot be stored for future use in any |
22 | | significant amount relative to the total amount of |
23 | | electricity that existing generating facilities can |
24 | | produce. Rather, for the most part, electricity must be |
25 | | produced instantaneously at the time and in the amount |
26 | | that it is demanded by residential and business consumers. |
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1 | | The development of energy storage facilities provides some |
2 | | opportunity to store some amounts of electricity for use |
3 | | at later times; but energy storage facilities with |
4 | | sufficient capacity to deliver electricity to meet the |
5 | | demands of consumers in this State, 24 hours per day, 7 |
6 | | days per week on every day of the year, have not yet been |
7 | | built. |
8 | | (4) Both the Midcontinent Independent System Operator, |
9 | | Inc., which is the independent transmission system |
10 | | operator for downstate Illinois, and its Independent |
11 | | Market Monitor, have expressed concerns about the |
12 | | sufficiency of electric generating resources in downstate |
13 | | Illinois over the next several years, due primarily to the |
14 | | announced and anticipated retirements of coal-fueled |
15 | | electric generating facilities and concerns about how |
16 | | quickly and extensively new wind and solar generating |
17 | | facilities will be placed into service. Concerns have also |
18 | | been expressed, based on the intermittent nature of wind |
19 | | and solar generating facilities, as to whether the grid |
20 | | can operate reliably without sufficient dispatchable |
21 | | generation resources or significant additions of energy |
22 | | storage facilities to balance the output of renewable |
23 | | generating facilities. The General Assembly believes that |
24 | | the State cannot afford to find itself in a situation of |
25 | | insufficient electric generating resources to meet the |
26 | | needs of Illinois residential and business consumers 24 |
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1 | | hours a day, 7 days a week. Thus, consistent with the |
2 | | overall objectives of the regulation of the electric |
3 | | utility industry in this State and the interests of the |
4 | | State in protecting the health and welfare of its |
5 | | residents, regulation should ensure that sufficient |
6 | | generating resources, including energy storage resources, |
7 | | are available to enable the electric utility grid to meet |
8 | | the demands of Illinois electricity consumers at all |
9 | | times. |
10 | | (5) Through previous enactments beginning in 2007, the |
11 | | General Assembly has provided financial incentives for the |
12 | | construction and operation of wind, solar, and other types |
13 | | of renewable energy facilities to serve load in Illinois. |
14 | | In such enactments, the General Assembly has recognized |
15 | | that providing opportunities to enter into long-term |
16 | | contracts for the purchase of renewable energy credits |
17 | | from renewable energy facilities creates incentives, and |
18 | | in fact is necessary, for the construction and operation |
19 | | of such resources. Developers typically cannot, |
20 | | financially, develop new, large-scale renewable energy |
21 | | generating resources without having secured long-term |
22 | | contracts for the renewable energy credits that the new |
23 | | facilities will produce. |
24 | | (6) The permitting and siting of new wind and solar |
25 | | generating facilities in Illinois are subject to local |
26 | | governmental control, and in many areas of this State, |
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1 | | there has been strong opposition to the siting and |
2 | | construction of new utility-scale wind and solar |
3 | | generating facilities, which in turn has resulted in the |
4 | | denial of, or withdrawal of requests for, necessary |
5 | | approvals for some projects and the enactment of local |
6 | | zoning ordinances imposing requirements and restrictions |
7 | | that increase the costs and reduce the economic |
8 | | attractiveness of such projects. This has resulted in |
9 | | delay or cancellation of a number of renewable energy |
10 | | projects. This experience demonstrates the advantages of |
11 | | targeting the installation of new utility-scale renewable |
12 | | energy facilities at sites that are already suitable for |
13 | | installation of such facilities and can be readily |
14 | | permitted. |
15 | | (7) In light of the intermittent nature of many types |
16 | | of renewable energy facilities, such as wind and solar |
17 | | generation, the installation and operation of electricity |
18 | | storage facilities in conjunction with the installation |
19 | | and operation of renewable generation facilities can |
20 | | enhance the value of renewable energy resources to the |
21 | | electric grid. |
22 | | (8) The sites of many of the large coal-fueled |
23 | | electric generating stations located in the downstate |
24 | | region of this State that have recently been retired or |
25 | | announced for retirement, or are at risk of retirement, |
26 | | have existing infrastructure and other characteristics |
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1 | | which make them suitable potential sites for development |
2 | | of new renewable energy generating facilities and |
3 | | electricity storage facilities. This infrastructure and |
4 | | other characteristics include large amounts of available |
5 | | land situated at a suitable distance from populated areas, |
6 | | suitable levels of exposure to sunlight, and high voltage |
7 | | interconnections to nearby bulk electric system |
8 | | transmission grid facilities at strategic locations. |
9 | | Development of these generating plant sites for |
10 | | large-scale renewable energy generating facilities, |
11 | | particularly photovoltaic facilities which require large |
12 | | amounts of space, and electricity storage facilities, can |
13 | | help advance this State's objective of increasing the |
14 | | portion of the State's total electricity usage that is |
15 | | supplied by zero emission resources, and reducing the |
16 | | proportion of the electricity produced in this State that |
17 | | is produced by carbon-emitting resources, while supporting |
18 | | the reliability of electric service in the downstate |
19 | | region. Accordingly, the General Assembly finds that it is |
20 | | in the public interest to encourage the redevelopment of |
21 | | the sites of retired and still-operating coal-fueled |
22 | | electric generating stations as locations for renewable |
23 | | energy generating facilities and electricity storage |
24 | | facilities. |
25 | | (9) Many, if not all, of the coal-fueled electric |
26 | | generating plants in this State that have recently been |
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1 | | retired or announced for retirement, or are at near-term |
2 | | risk of retirement, were at one time owned, at whole or in |
3 | | part, by a public utility as defined in Section 3-105 of |
4 | | the Public Utilities Act and were thereby devoted to |
5 | | public service and the public use in Illinois, with their |
6 | | costs paid for by rates paid by public utility ratepayers |
7 | | in Illinois. The General Assembly finds that it is |
8 | | appropriate to provide incentives to the owners of the |
9 | | sites of coal-fueled electric generating facilities in |
10 | | this State that were once owned by public utilities, to |
11 | | repurpose those sites in a manner that continues to |
12 | | benefit the public by providing for the generation of |
13 | | carbon-free, non-emitting electricity and reliable bulk |
14 | | electric service. |
15 | | (10) The General Assembly finds it is appropriate for |
16 | | the State of Illinois to establish a program to provide |
17 | | incentives for the installation and operation of new |
18 | | renewable energy facilities, along with energy storage |
19 | | facilities, at the sites of retired and at-risk |
20 | | coal-fueled electric generating facilities in this State, |
21 | | to help expedite the transition of this State's electric |
22 | | generation fleet to lower-emitting resources while |
23 | | ensuring the availability of sufficient electric energy |
24 | | resources to meet the demands of residential and business |
25 | | electricity consumers in this State. |
26 | | (11) In light of the foregoing findings, the purpose |
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1 | | of the program established in subsection (c-5) of Section |
2 | | 1-75 of the Illinois Power Agency Act is to incentivize |
3 | | and support conversion and development of unused (or to be |
4 | | unused) sites of recently retired and soon to-be-retired |
5 | | coal-fueled power plants in this State to productive new |
6 | | uses as sites for the generation and provision of |
7 | | electricity from renewable energy facilities and energy |
8 | | storage facilities, thereby contributing to the State's |
9 | | efforts to reduce carbon emissions from facilities in this |
10 | | State and increase the production of the State's |
11 | | electricity needs from clean energy resources. The |
12 | | provisions of this Act also will support the reliability |
13 | | of the bulk power grid in this State by incentivizing and |
14 | | supporting installation of new generating facilities and |
15 | | energy storage facilities at locations on the grid where |
16 | | synchronous generation was formerly located. |
17 | | Section 90-3. The Illinois Administrative Procedure Act is |
18 | | amended by adding 5-45.9 as follows: |
19 | | (5 ILCS 100/5-45.9 new) |
20 | | Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated |
21 | | Grid Plans. To provide for the expeditious and timely |
22 | | implementation of Section 16-105.17 of the Public Utilities |
23 | | Act, emergency rules implementing Section 16-105.17 of the |
24 | | Public Utilities Act may be adopted in accordance with Section |
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1 | | 5-45 by the Illinois Commerce Commission. The adoption of |
2 | | emergency rules authorized by Section 5-45 and this Section is |
3 | | deemed to be necessary for the public interest, safety, and |
4 | | welfare. |
5 | | This Section is repealed one year after the effective date |
6 | | of this amendatory Act of the 102nd General Assembly. |
7 | | Section 90-5. The Illinois Governmental Ethics Act is |
8 | | amended by adding Section 1-121 and by changing Sections |
9 | | 4A-102 and 4A-103 as follows: |
10 | | (5 ILCS 420/1-121 new) |
11 | | Sec. 1-121. Public utility. "Public utility" has the |
12 | | meaning provided in Section 3-105 of the Public Utilities Act. |
13 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
|
14 | | Sec. 4A-102. The statement of economic interests required |
15 | | by this Article
shall include the economic interests of the |
16 | | person making the statement as
provided in this Section. The |
17 | | interest (if constructively controlled by the
person making |
18 | | the statement) of a spouse or any other party, shall be
|
19 | | considered to be the same as the interest of the person making |
20 | | the
statement. Campaign receipts shall not be included in this |
21 | | statement.
|
22 | | (a) The following interests shall be listed by all |
23 | | persons required to
file:
|
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1 | | (1) The name, address and type of practice of any |
2 | | professional
organization or individual professional |
3 | | practice in which the person making
the statement was |
4 | | an officer, director, associate, partner or |
5 | | proprietor,
or served in any advisory capacity, from |
6 | | which income in excess of $1200
was derived during the |
7 | | preceding calendar year;
|
8 | | (2) The nature of professional services (other |
9 | | than services rendered to
the unit or units of |
10 | | government in relation to which the person is required
|
11 | | to file)
and the nature of the entity to which they |
12 | | were rendered if fees exceeding
$5,000 were received |
13 | | during the preceding calendar year from the entity for
|
14 | | professional services rendered by the person making |
15 | | the statement.
|
16 | | (3) The identity (including the address or legal |
17 | | description of real
estate) of any capital asset from |
18 | | which a capital gain of $5,000 or more
was realized in |
19 | | the preceding calendar year.
|
20 | | (4) The name of any unit of government which has |
21 | | employed the person
making the statement during the |
22 | | preceding calendar year other than the unit
or units |
23 | | of government in relation to which the person is |
24 | | required to file.
|
25 | | (5) The name of any entity from which a gift or |
26 | | gifts, or honorarium or
honoraria, valued singly or in |
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1 | | the aggregate in excess of $500, was
received during |
2 | | the preceding calendar year.
|
3 | | (b) The following interests shall also be listed by |
4 | | persons listed in
items (a) through (f), item (l), item |
5 | | (n), and item (p) of Section 4A-101:
|
6 | | (1) The name and instrument of ownership in any |
7 | | entity doing business in
the State of Illinois, in |
8 | | which an ownership interest held by the person at
the |
9 | | date of filing is in excess of $5,000 fair market value |
10 | | or from which
dividends of in excess of $1,200 were |
11 | | derived during the preceding calendar
year. (In the |
12 | | case of real estate, location thereof shall be listed |
13 | | by
street address, or if none, then by legal |
14 | | description). No time or demand
deposit in a financial |
15 | | institution, nor any debt instrument need be listed;
|
16 | | (2) Except for professional service entities, the |
17 | | name of any entity and
any position held therein from |
18 | | which income of in excess of $1,200 was
derived during |
19 | | the preceding calendar year, if the entity does |
20 | | business in
the State of Illinois. No time or demand |
21 | | deposit in a financial
institution, nor any debt |
22 | | instrument need be listed.
|
23 | | (3) The identity of any compensated lobbyist with |
24 | | whom the person making
the statement maintains a close |
25 | | economic association, including the name of
the |
26 | | lobbyist and specifying the legislative matter or |
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1 | | matters which are the
object of the lobbying activity, |
2 | | and describing the general type of
economic activity |
3 | | of the client or principal on whose behalf that person |
4 | | is
lobbying.
|
5 | | (c) The following interests shall also be listed by |
6 | | persons listed in
items (a) through (c) and item (e) of |
7 | | Section 4A-101.5:
|
8 | | (1) The name and instrument of ownership in any |
9 | | entity doing business
with a unit of local government |
10 | | in relation to which the person is
required to file if |
11 | | the ownership interest of the person filing is greater
|
12 | | than $5,000 fair market value as of the date of filing |
13 | | or if dividends in
excess of $1,200 were received from |
14 | | the entity during the preceding
calendar year. (In the |
15 | | case of real estate, location thereof shall be
listed |
16 | | by street address, or if none, then by legal |
17 | | description). No time
or demand deposit in a financial |
18 | | institution, nor any debt instrument need
be listed.
|
19 | | (2) Except for professional service entities, the |
20 | | name of any entity and
any position held therein from |
21 | | which income in excess of $1,200 was derived
during |
22 | | the preceding calendar year if the entity does |
23 | | business with a
unit of local government in relation |
24 | | to which the person is required to
file. No time or |
25 | | demand deposit in a financial institution, nor any |
26 | | debt
instrument need be listed.
|
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1 | | (3) The name of any entity and the nature of the |
2 | | governmental action
requested by any entity which has |
3 | | applied to a unit of local
government
in relation to |
4 | | which the person must file for any license, franchise |
5 | | or
permit for annexation, zoning or rezoning of real |
6 | | estate during the
preceding calendar year if the |
7 | | ownership interest of the person filing is
in excess |
8 | | of $5,000 fair market value at the time of filing or if |
9 | | income or
dividends in excess of $1,200 were received |
10 | | by the person filing from the
entity during the |
11 | | preceding calendar year.
|
12 | | (d) The following interest shall also be listed by |
13 | | persons listed in items (a) through (f) of Section 4A-101: |
14 | | the name of any spouse or immediate family member living |
15 | | with such person employed by a public utility in this |
16 | | State and the name of the public utility that employs such |
17 | | person. |
18 | | For the purposes of this Section, the unit of local |
19 | | government in relation to which a person is required to file |
20 | | under item (e) of Section 4A-101.5 shall be the unit of local |
21 | | government that contributes to the pension fund of which such |
22 | | person is a member of the board. |
23 | | (Source: P.A. 101-221, eff. 8-9-19.)
|
24 | | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
|
25 | | Sec. 4A-103.
The statement of economic interests required |
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1 | | by this Article to be filed
with the Secretary of State or |
2 | | county clerk shall be filled in by
typewriting or hand |
3 | | printing, shall be verified, dated, and signed by the
person |
4 | | making the statement and shall contain substantially the |
5 | | following:
|
6 | | STATEMENT OF ECONOMIC INTERESTS |
7 | | INSTRUCTIONS: |
8 | | You may find the following documents helpful to you in |
9 | | completing this form: |
10 | | (1) federal income tax returns, including any related |
11 | | schedules, attachments, and forms; and |
12 | | (2) investment and brokerage statements. |
13 | | To complete this form, you do not need to disclose |
14 | | specific amounts or values or report interests relating either |
15 | | to political committees registered with the Illinois State |
16 | | Board of Elections or to political committees, principal |
17 | | campaign committees, or authorized committees registered with |
18 | | the Federal Election Commission. |
19 | | The information you disclose will be available to the |
20 | | public. |
21 | | You must answer all 6 questions. Certain questions will |
22 | | ask you to report any applicable assets or debts held in, or |
23 | | payable to, your name; held jointly by, or payable to, you with |
24 | | your spouse; or held jointly by, or payable to, you with your |
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1 | | minor child. If you have any concerns about whether an |
2 | | interest should be reported, please consult your department's |
3 | | ethics officer, if applicable. |
4 | | Please ensure that the information you provide is complete |
5 | | and accurate. If you need more space than the form allows, |
6 | | please attach additional pages for your response. If you are |
7 | | subject to the State Officials and Employees Ethics Act, your |
8 | | ethics officer must review your statement of economic |
9 | | interests before you file it. Failure to complete the |
10 | | statement in good faith and within the prescribed deadline may |
11 | | subject you to fines, imprisonment, or both. |
12 | | BASIC INFORMATION: |
13 | | Name: ........................................................ |
14 | | Job title: ................................................... |
15 | | Office, department, or agency that requires you to file this |
16 | | form: ........................................................ |
17 | | Other offices, departments, or agencies that require you to |
18 | | file a Statement of Economic Interests form: ................ |
19 | | Full mailing address: ........................................ |
20 | | Preferred e-mail address (optional): ......................... |
21 | | QUESTIONS: |
22 | | 1. If you have any single asset that was worth more than |
23 | | $10,000 as of the end of the preceding calendar year and is |
24 | | held in, or payable to, your name, held jointly by, or payable |
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1 | | to, you with your spouse, or held jointly by, or payable to, |
2 | | you with your minor child,
list such assets below. In the case |
3 | | of investment real estate, list the city and state where the |
4 | | investment real estate is located. If you do not have any such |
5 | | assets, list "none" below. |
6 | | ............................................................. |
7 | | ............................................................. |
8 | | ............................................................. |
9 | | ............................................................. |
10 | | ............................................................. |
11 | | 2. Excluding the position for which you are required to |
12 | | file this form, list the source of any income in excess of |
13 | | $7,500 required to be reported during the preceding calendar |
14 | | year. If you sold an asset that produced more than $7,500 in |
15 | | capital gains in the preceding calendar year, list the name of |
16 | | the asset and the transaction date on which the sale or |
17 | | transfer took place. If you had no such sources of income or |
18 | | assets, list "none" below. |
|
19 | | Source of Income / Name of |
Date Sold (if applicable) |
|
20 | | Asset | |
|
21 | | ............................... |
............................... |
|
22 | | ............................... |
............................... |
|
23 | | ............................... |
............................... |
|
24 | | 3. Excluding debts incurred on terms available to the |
25 | | general public, such as mortgages, student loans, and credit |
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1 | | card debts, if you owed any single debt in the preceding |
2 | | calendar year exceeding $10,000, list the creditor of the debt |
3 | | below. If you had no such debts, list "none" below. |
4 | | List the creditor for all applicable debts owed by you, |
5 | | owed jointly by you with your spouse, or owed jointly by you |
6 | | with your minor child. In addition to the types of debts listed |
7 | | above, you do not need to report any debts to or from financial |
8 | | institutions or government agencies, such as debts secured by |
9 | | automobiles, household furniture or appliances, as long as the |
10 | | debt was made on terms available to the general public, debts |
11 | | to members of your family, or debts to or from a political |
12 | | committee registered with the Illinois State Board of |
13 | | Elections or any political committee, principal campaign |
14 | | committee, or authorized committee registered with the Federal |
15 | | Election Commission. |
16 | | ............................................................. |
17 | | ............................................................. |
18 | | ............................................................. |
19 | | ............................................................. |
20 | | 4. List the name of each unit of government of which you or |
21 | | your spouse were an employee, contractor, or office holder |
22 | | during the preceding calendar year other than the unit or |
23 | | units of government in relation to which the person is |
24 | | required to file and the title of the position or nature of the |
25 | | contractual services. |
|
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1 | | Name of Unit of Government |
Title or Nature of Services |
|
2 | | ............................... |
............................... |
|
3 | | ............................... |
............................... |
|
4 | | ............................... |
............................... |
|
5 | | 5. If you maintain an economic relationship with a |
6 | | lobbyist or if a member of your family is known to you to be a |
7 | | lobbyist registered with any unit of government in the State |
8 | | of Illinois, list the name of the lobbyist below and identify |
9 | | the nature of your relationship with the lobbyist. If you do |
10 | | not have an economic relationship with a lobbyist or a family |
11 | | member known to you to be a lobbyist registered with any unit |
12 | | of government in the State of Illinois, list "none" below. |
|
13 | | Name of Lobbyist |
Relationship to Filer |
|
14 | | ............................... |
............................... |
|
15 | | ............................... |
............................... |
|
16 | | ............................... |
............................... |
|
17 | | 6. List the name of each person, organization, or entity |
18 | | that was the source of a gift or gifts, or honorarium or |
19 | | honoraria, valued singly or in the aggregate in excess of $500 |
20 | | received during the preceding calendar year and the type of |
21 | | gift or gifts, or honorarium or honoraria, excluding any gift |
22 | | or gifts from a member of your family that was not known to be |
23 | | a lobbyist registered with any unit of government in the State |
24 | | of Illinois. If you had no such gifts, list "none" below. |
25 | | ............................................................. |
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1 | | ............................................................. |
2 | | ............................................................. |
3 | | 7. List the name of any spouse or immediate family member |
4 | | living with the person making this statement employed by a |
5 | | public utility in this State and the name of the public utility |
6 | | that employs the relative. |
|
7 | | Name and Relation |
Public Utility |
|
8 | | ............................... |
............................... |
|
9 | | ............................... |
............................... |
|
10 | | ............................... |
............................... |
|
11 | | VERIFICATION: |
12 | | "I declare that this statement of economic interests |
13 | | (including any attachments) has been examined by me and to the |
14 | | best of my knowledge and belief is a true, correct and complete |
15 | | statement of my economic interests as required by the Illinois |
16 | | Governmental Ethics Act. I understand that the penalty for |
17 | | willfully filing a false or incomplete statement is a fine not |
18 | | to exceed $2,500 or imprisonment in a penal institution other |
19 | | than the penitentiary not to exceed one year, or both fine and |
20 | | imprisonment." |
21 | | Printed Name of Filer: ....................................... |
22 | | Date: ........................................................ |
23 | | Signature: ................................................... |
24 | | If this statement of economic interests requires ethics |
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1 | | officer review prior to filing, the applicable ethics officer |
2 | | must complete the following: |
3 | | CERTIFICATION OF ETHICS OFFICER REVIEW: |
4 | | "In accordance with law, as Ethics Officer, I reviewed |
5 | | this statement of economic interests prior to its filing." |
6 | | Printed Name of Ethics Officer: .............................. |
7 | | Date: ........................................................ |
8 | | Signature: ................................................... |
9 | | Preferred e-mail address (optional): ......................... |
10 | | STATEMENT OF ECONOMIC INTEREST
|
11 | | (TYPE OR HAND PRINT)
|
12 | | .............................................................
|
13 | | (name)
|
14 | | .............................................................
|
15 | | (each office or position of employment for which this
|
16 | | statement is filed)
|
17 | | .............................................................
|
18 | | (full mailing address)
|
19 | | GENERAL DIRECTIONS:
|
20 | | The interest (if constructively controlled by the person |
21 | | making the
statement) of a spouse or any other party, shall be |
22 | | considered to be the
same as the interest of the person making |
23 | | the statement.
|
24 | | Campaign receipts shall not be included in this statement.
|
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1 | | If additional space is needed, please attach supplemental |
2 | | listing.
|
3 | | 1. List the name and instrument of ownership in any entity |
4 | | doing
business in the State of Illinois, in which the |
5 | | ownership interest held by
the person at the date of filing is |
6 | | in excess of $5,000 fair market value
or from which dividends |
7 | | in excess of $1,200 were derived during the
preceding calendar |
8 | | year. (In the case of real estate, location thereof
shall be |
9 | | listed by street address, or if none, then by legal |
10 | | description.)
No time or demand deposit in a financial |
11 | | institution, nor any debt
instrument need be listed.
|
|
12 | | Business Entity |
Instrument of Ownership |
|
13 | | ............................... |
............................... |
|
14 | | ............................... |
............................... |
|
15 | | ............................... |
............................... |
|
16 | | ............................... |
............................... |
|
17 | | 2. List the name, address and type of practice of any |
18 | | professional
organization in which the person making the |
19 | | statement was an officer,
director, associate, partner or |
20 | | proprietor or served in any advisory
capacity, from which |
21 | | income in excess of $1,200 was derived during the
preceding |
22 | | calendar year.
|
|
23 | | Name |
Address |
Type of Practice |
|
24 | | .................... |
.................... |
..................... |
|
25 | | .................... |
.................... |
..................... |
|
26 | | .................... |
.................... |
..................... |
|
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1 | | 3. List the nature of professional services rendered |
2 | | (other than to the
State of Illinois) to each entity from which |
3 | | income exceeding $5,000 was
received for professional services |
4 | | rendered during the preceding calendar
year by the person |
5 | | making the statement.
|
6 | | .............................................................
|
7 | | .............................................................
|
8 | | 4. List the identity (including the address or legal |
9 | | description of real
estate) of any capital asset from which a |
10 | | capital gain of $5,000 or more
was realized during the |
11 | | preceding calendar year.
|
12 | | .............................................................
|
13 | | .............................................................
|
14 | | 5. List the identity of any compensated lobbyist with whom |
15 | | the person
making the statement maintains a close economic |
16 | | association, including the
name of the lobbyist and specifying |
17 | | the legislative matter or matters which
are the object of the |
18 | | lobbying activity, and describing the general type of
economic |
19 | | activity of the client or principal on whose behalf that |
20 | | person is
lobbying.
|
|
21 | | Lobbyist |
Legislative Matter |
Client or Principal |
|
22 | | .................... |
.................... |
..................... |
|
23 | | .................... |
.................... |
..................... |
|
24 | | 6. List the name of any entity doing business in the State |
25 | | of Illinois
from which income in excess of $1,200 was derived |
26 | | during the preceding
calendar year other than for professional |
|
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1 | | services and the title or
description of any position held in |
2 | | that entity. (In the case of real
estate, location thereof |
3 | | shall be listed by street address, or if none,
then by legal |
4 | | description). No time or demand deposit in a financial
|
5 | | institution nor any debt instrument need be listed.
|
|
6 | | Entity |
Position Held |
|
7 | | ............................... |
............................... |
|
8 | | ............................... |
............................... |
|
9 | | ............................... |
............................... |
|
10 | | 7. List the name of any unit of government which employed |
11 | | the person
making the statement during the preceding calendar |
12 | | year other than the unit
or units
of government in relation to |
13 | | which the person is required to file.
|
14 | | .............................................................
|
15 | | .............................................................
|
16 | | 8. List the name of any entity from which a gift or gifts, |
17 | | or honorarium
or honoraria, valued singly or in the aggregate |
18 | | in excess of $500, was
received during the preceding calendar |
19 | | year.
|
20 | | .............................................................
|
21 | | VERIFICATION:
|
22 | | "I declare that this statement of economic interests |
23 | | (including any
accompanying schedules and statements) has been |
24 | | examined by me and to the
best of my knowledge and belief is a |
25 | | true, correct and complete statement
of my economic interests |
26 | | as required by the Illinois Governmental Ethics
Act. I |
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|
1 | | understand that the penalty for willfully filing a false or
|
2 | | incomplete statement shall be a fine not to exceed $1,000 or |
3 | | imprisonment
in a penal institution other than the |
4 | | penitentiary not to exceed one year,
or both fine and |
5 | | imprisonment."
|
6 | | ................ ..........................................
|
7 | | (date of filing) (signature of person making the statement)
|
8 | | (Source: P.A. 95-173, eff. 1-1-08.)
|
9 | | Section 90-10. The State Officials and Employees Ethics |
10 | | Act is amended by changing Section 5-50 as follows: |
11 | | (5 ILCS 430/5-50)
|
12 | | Sec. 5-50. Ex parte communications; special government |
13 | | agents.
|
14 | | (a) This Section applies to ex
parte communications made |
15 | | to any agency listed in subsection (e).
|
16 | | (b) "Ex parte communication" means any written or oral |
17 | | communication by any
person
that imparts or requests material
|
18 | | information
or makes a material argument regarding
potential |
19 | | action concerning regulatory, quasi-adjudicatory, investment, |
20 | | or
licensing
matters pending before or under consideration by |
21 | | the agency.
"Ex parte
communication" does not include the |
22 | | following: (i) statements by
a person publicly made in a |
23 | | public forum; (ii) statements regarding
matters of procedure |
24 | | and practice, such as format, the
number of copies required, |
|
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|
1 | | the manner of filing, and the status
of a matter; and (iii) |
2 | | statements made by a
State employee of the agency to the agency |
3 | | head or other employees of that
agency.
|
4 | | (b-5) An ex parte communication received by an agency,
|
5 | | agency head, or other agency employee from an interested party |
6 | | or
his or her official representative or attorney shall |
7 | | promptly be
memorialized and made a part of the record.
|
8 | | (c) An ex parte communication received by any agency, |
9 | | agency head, or
other agency
employee, other than an ex parte |
10 | | communication described in subsection (b-5),
shall immediately |
11 | | be reported to that agency's ethics officer by the recipient
|
12 | | of the communication and by any other employee of that agency |
13 | | who responds to
the communication. The ethics officer shall |
14 | | require that the ex parte
communication
be promptly made a |
15 | | part of the record. The ethics officer shall promptly
file the |
16 | | ex parte communication with the
Executive Ethics Commission, |
17 | | including all written
communications, all written responses to |
18 | | the communications, and a memorandum
prepared by the ethics |
19 | | officer stating the nature and substance of all oral
|
20 | | communications, the identity and job title of the person to |
21 | | whom each
communication was made,
all responses made, the |
22 | | identity and job title of the person making each
response,
the |
23 | | identity of each person from whom the written or oral ex parte
|
24 | | communication was received, the individual or entity |
25 | | represented by that
person, any action the person requested or |
26 | | recommended, and any other pertinent
information.
The |
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1 | | disclosure shall also contain the date of any
ex parte |
2 | | communication.
|
3 | | (d) "Interested party" means a person or entity whose |
4 | | rights,
privileges, or interests are the subject of or are |
5 | | directly affected by
a regulatory, quasi-adjudicatory, |
6 | | investment, or licensing matter.
For purposes of an ex parte |
7 | | communication received by either the Illinois Commerce |
8 | | Commission or the Illinois Power Agency, "interested party" |
9 | | also includes: (1) an organization comprised of 2 or more |
10 | | businesses, persons, nonprofit entities, or any combination |
11 | | thereof, that are working in concert to advance public policy |
12 | | advocated by the organization, or (2) any party selling |
13 | | renewable energy resources procured by the Illinois Power |
14 | | Agency pursuant to Section 16-111.5 of the Public Utilities |
15 | | Act and Section 1-75 of the Illinois Power Agency Act.
|
16 | | (e) This Section applies to the following agencies:
|
17 | | Executive Ethics Commission
|
18 | | Illinois Commerce Commission
|
19 | | Illinois Power Agency |
20 | | Educational Labor Relations Board
|
21 | | State Board of Elections
|
22 | | Illinois Gaming Board
|
23 | | Health Facilities and Services Review Board
|
24 | | Illinois Workers' Compensation Commission
|
25 | | Illinois Labor Relations Board
|
26 | | Illinois Liquor Control Commission
|
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|
1 | | Pollution Control Board
|
2 | | Property Tax Appeal Board
|
3 | | Illinois Racing Board
|
4 | | Illinois Purchased Care Review Board
|
5 | | Department of State Police Merit Board
|
6 | | Motor Vehicle Review Board
|
7 | | Prisoner Review Board
|
8 | | Civil Service Commission
|
9 | | Personnel Review Board for the Treasurer
|
10 | | Merit Commission for the Secretary of State
|
11 | | Merit Commission for the Office of the Comptroller
|
12 | | Court of Claims
|
13 | | Board of Review of the Department of Employment Security
|
14 | | Department of Insurance
|
15 | | Department of Professional Regulation and licensing boards
|
16 | | under the Department
|
17 | | Department of Public Health and licensing boards under the
|
18 | | Department
|
19 | | Office of Banks and Real Estate and licensing boards under
|
20 | | the Office
|
21 | | State Employees Retirement System Board of Trustees
|
22 | | Judges Retirement System Board of Trustees
|
23 | | General Assembly Retirement System Board of Trustees
|
24 | | Illinois Board of Investment
|
25 | | State Universities Retirement System Board of Trustees
|
26 | | Teachers Retirement System Officers Board of Trustees
|
|
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|
1 | | (f) Any person who fails to (i) report an ex parte |
2 | | communication to an
ethics officer, (ii) make information part |
3 | | of the record, or (iii) make a
filing
with the Executive Ethics |
4 | | Commission as required by this Section or as required
by
|
5 | | Section 5-165 of the Illinois Administrative Procedure Act |
6 | | violates this Act.
|
7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.) |
8 | | Section 90-15. The Department of Commerce and Economic |
9 | | Opportunity Law of the
Civil Administrative Code of Illinois |
10 | | is amended by adding Section 605-1075 as follows: |
11 | | (20 ILCS 605/605-1075 new) |
12 | | Sec. 605-1075. Energy Transition Assistance Fund. |
13 | | (a) The General Assembly hereby declares that management
|
14 | | of several economic development programs requires a
|
15 | | consolidated funding source to improve resource efficiency.
|
16 | | The General Assembly specifically recognizes that properly
|
17 | | serving communities and workers impacted by the energy
|
18 | | transition requires that the Department of Commerce and
|
19 | | Economic Opportunity have access to the resources required for
|
20 | | the execution of the programs for workforce and contractor |
21 | | development, just transition investments and community |
22 | | support, and the implementation and administration of energy |
23 | | and justice efforts by the State. |
24 | | (b) The Department shall be responsible for the
|
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1 | | administration of the Energy Transition Assistance Fund and |
2 | | shall allocate funding on the
basis of priorities established |
3 | | in this Section. Each year,
the Department shall determine the |
4 | | available amount of
resources in the Fund that can be |
5 | | allocated to the programs
identified in this Section, and |
6 | | allocate the funding
accordingly. The Department shall, to the |
7 | | extent practical,
consider both the short-term and long-term |
8 | | costs of the
programs and allocate funding so that the
|
9 | | Department is able to cover both the short-term and long-term
|
10 | | costs of these programs using projected revenue. |
11 | | The available funding for each year shall be allocated
|
12 | | from the Fund in the following order of priority: |
13 | | (1) for costs related to the Clean Jobs Workforce |
14 | | Network Program, up to $21,000,000 annually prior to June |
15 | | 1, 2023 and $24,333,333 annually thereafter; |
16 | | (2) for costs related to the Clean Energy Contractor |
17 | | Incubator Program, up to $21,000,000 annually; |
18 | | (3) for costs related to the Clean Energy Primes |
19 | | Contractor Accelerator Program, up to $9,000,000 annually; |
20 | | (4) for costs related to the Barrier Reduction |
21 | | Program, up to $21,000,000 annually; |
22 | | (5) for costs related to the Jobs and Environmental |
23 | | Justice Grant Program, up to $34,000,000 annually; |
24 | | (6) for costs related to the Returning Residents Clean |
25 | | Jobs Training Program, up to $6,000,000 annually; |
26 | | (7) for costs related to Energy Transition Navigators, |
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1 | | up to $6,000,000 annually; |
2 | | (8) for costs related to the Illinois Climate Works |
3 | | Preapprenticeship Program, up to $10,000,000 annually; |
4 | | (9) for costs related to Energy Transition Community |
5 | | Support Grants, up to $40,000,000 annually; |
6 | | (10) for costs related to the Displaced Energy Worker |
7 | | Dependent Scholarship, upon request by the Illinois |
8 | | Student Assistance Commission, up to $1,100,000 annually; |
9 | | (11) up to $10,000,000 annually shall be transferred |
10 | | to the Public Utilities Fund for use by the Illinois |
11 | | Commerce Commission for costs of administering the changes |
12 | | made to the Public Utilities Act by this amendatory Act of |
13 | | the 102nd General Assembly; |
14 | | (12) up to $4,000,000 annually shall be transferred to |
15 | | the Illinois Power Agency Operations Fund for use by the |
16 | | Illinois Power Agency; and |
17 | | (13) for costs related to the Clean Energy Jobs and |
18 | | Justice Fund, up to $1,000,000 annually. |
19 | | The Department is authorized to utilize up to 10% of the |
20 | | Energy Transition Assistance Fund for administrative and |
21 | | operational expenses to implement the requirements of this |
22 | | Act. |
23 | | (c) Within 30 days after the effective date of this |
24 | | amendatory Act of the 102nd General Assembly, each electric |
25 | | utility serving more than 500,000 customers in the State shall |
26 | | report to the Department its total kilowatt-hours of energy |
|
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|
1 | | delivered during the 12 months ending on the immediately |
2 | | preceding May 31. By October 31, 2021 and each October 31 |
3 | | thereafter, each electric utility serving more than 500,000 |
4 | | customers in the State shall report to the Department its |
5 | | total kilowatt-hours of energy delivered during the 12 months |
6 | | ending on the immediately preceding May 31. |
7 | | (d) The Department shall, within 60 days after the |
8 | | effective date of this amendatory Act of the 102nd General |
9 | | Assembly: |
10 | | (1) determine the amount necessary, but not more than |
11 | | $180,000,000, to meet the funding needs of the programs |
12 | | reliant upon the Energy Transition Assistance Fund as a |
13 | | revenue source for the period between the effective date |
14 | | of this amendatory Act of the 102nd General Assembly and |
15 | | December 31, 2021; |
16 | | (2) determine, based on the kilowatt-hour deliveries |
17 | | for the 12 months ending May 31, 2021 reported by the |
18 | | electric utilities under subsection (c), the total energy |
19 | | transition assistance charge to be allocated to each |
20 | | electric utility for the period between the effective date |
21 | | of this amendatory Act of the 102nd General Assembly and |
22 | | December 31, 2021; and |
23 | | (3) report the total energy transition assistance |
24 | | charge applicable until December 31, 2021 to each electric |
25 | | utility serving more than 500,000 customers in the State |
26 | | and the Illinois Commerce Commission for purposes of |
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|
1 | | filing the tariff pursuant to Section 16-108.30 of the |
2 | | Public Utilities Act. |
3 | | (e) The Department shall by November 30, 2021, and each |
4 | | November 30 thereafter: |
5 | | (1) determine the amount necessary, but not more than |
6 | | $180,000,000, to meet the funding needs of the programs |
7 | | reliant upon the Energy Transition Assistance Fund as a |
8 | | revenue source for the immediately following calendar |
9 | | year; |
10 | | (2) determine, based on the kilowatt-hour deliveries |
11 | | for the 12 months ending on the immediately preceding May |
12 | | 31 reported to it by the electric utilities under |
13 | | subsection (c), the total energy transition assistance |
14 | | charge to be allocated to each electric utility for the |
15 | | immediately following calendar year; and |
16 | | (3) report the energy transition assistance charge |
17 | | applicable for the immediately following calendar year to |
18 | | each electric utility serving more than 500,000 customers |
19 | | in the State and the Illinois Commerce Commission for |
20 | | purposes of filing the tariff pursuant to Section |
21 | | 16-108.30 of the Public Utilities Act. |
22 | | (f) The energy transition assistance charge may not exceed |
23 | | $180,000,000 annually. If, at the end of the calendar year, |
24 | | any surplus remains in the Energy Transition Assistance Fund, |
25 | | the Department may allocate the surplus from the fund in the |
26 | | following order of priority: |
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1 | | (1) for costs related to the development of the |
2 | | Stretch Energy Codes and other standards at the Capital |
3 | | Development Board, up to $500,000 annually, at the request |
4 | | of the Board; |
5 | | (2) up to $7,000,000 annually shall be transferred to |
6 | | the Energy Efficiency Trust Fund and Clean Air Act Permit |
7 | | Fund for use by the Environmental Protection Agency for |
8 | | costs related to energy efficiency and weatherization, and |
9 | | costs of implementation, administration, and enforcement |
10 | | of the Clean Air Act; and |
11 | | (3) for costs related to State fleet electrification |
12 | | at the Department of Central Management Services, up to |
13 | | $10,000,000 annually, at the request of the Department. |
14 | | Section 90-20. The Electric Vehicle Act is amended by |
15 | | changing Section 15 and by adding Sections 40, 45, 50, 55, and |
16 | | 60 as follows: |
17 | | (20 ILCS 627/15)
|
18 | | Sec. 15. Electric Vehicle Coordinator. The Governor , with |
19 | | the advice and consent of the Senate, shall appoint a person |
20 | | within the Illinois Environmental Protection Agency Department |
21 | | of Commerce and Economic Opportunity to serve as the Electric |
22 | | Vehicle Coordinator for the State of Illinois. This person may |
23 | | be an existing employee with other duties. The Coordinator |
24 | | shall act as a point person for electric vehicle-related and |
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1 | | electric vehicle charging-related electric vehicle related |
2 | | policies and activities in Illinois , including, but not |
3 | | limited to, the issuance of electric vehicle rebates for |
4 | | consumers and electric vehicle charging rebates for |
5 | | organizations and companies .
|
6 | | (Source: P.A. 97-89, eff. 7-11-11.) |
7 | | (20 ILCS 627/40 new) |
8 | | Sec. 40. Rulemaking; resources. The Agency shall adopt |
9 | | rules as necessary and dedicate sufficient resources to |
10 | | implement Sections 45 and 55. |
11 | | (20 ILCS 627/45 new) |
12 | | Sec. 45. Beneficial electrification. |
13 | | (a) It is the intent of the General Assembly to decrease
|
14 | | reliance on fossil fuels, reduce pollution from the
|
15 | | transportation sector, increase access to electrification for
|
16 | | all consumers, and ensure that electric vehicle adoption and
|
17 | | increased electricity usage and demand do not place
|
18 | | significant additional burdens on the electric system and
|
19 | | create benefits for Illinois residents. |
20 | | (1) Illinois should increase the adoption of electric |
21 | | vehicles in the State to 1,000,000 by 2030. |
22 | | (2) Illinois should strive to be the best state in the |
23 | | nation in which to drive and manufacture electric |
24 | | vehicles. |
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1 | | (3) Widespread adoption of electric vehicles is |
2 | | necessary to electrify the transportation sector, |
3 | | diversify the transportation fuel mix, drive economic |
4 | | development, and protect air quality. |
5 | | (4) Accelerating the adoption of electric vehicles |
6 | | will drive the decarbonization of Illinois' transportation |
7 | | sector. |
8 | | (5) Expanded infrastructure investment will help |
9 | | Illinois more rapidly decarbonize the transportation |
10 | | sector. |
11 | | (6) Statewide adoption of electric vehicles requires |
12 | | increasing access to electrification for all consumers. |
13 | | (7) Widespread adoption of electric vehicles requires |
14 | | increasing public access to charging equipment throughout |
15 | | Illinois, especially in low-income and environmental |
16 | | justice communities, where levels of air pollution burden |
17 | | tend to be higher. |
18 | | (8) Widespread adoption of electric vehicles and |
19 | | charging equipment has the potential to provide customers |
20 | | with fuel cost savings and electric utility customers with |
21 | | cost-saving benefits. |
22 | | (9) Widespread adoption of electric vehicles can |
23 | | improve an electric utility's electric system efficiency |
24 | | and operational flexibility, including the ability of the |
25 | | electric utility to integrate renewable energy resources |
26 | | and make use of off-peak generation resources that support |
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1 | | the operation of charging equipment. |
2 | | (10) Widespread adoption of electric vehicles should |
3 | | stimulate innovation, competition, and increased choices |
4 | | in charging equipment and networks and should also attract |
5 | | private capital investments and create high-quality jobs |
6 | | in Illinois. |
7 | | (b) As used in this Section: |
8 | | "Agency" means the Environmental Protection Agency. |
9 | | "Beneficial electrification programs" means programs that
|
10 | | lower carbon dioxide emissions, replace fossil fuel use,
|
11 | | create cost savings, improve electric grid operations, reduce
|
12 | | increases to peak demand, improve electric usage load shape,
|
13 | | and align electric usage with times of renewable generation.
|
14 | | All beneficial electrification programs shall provide for
|
15 | | incentives such that customers are induced to use electricity
|
16 | | at times of low overall system usage or at times when
|
17 | | generation from renewable energy sources is high. "Beneficial
|
18 | | electrification programs" include a portfolio of the
|
19 | | following: |
20 | | (1) time-of-use electric rates; |
21 | | (2) hourly pricing electric rates; |
22 | | (3) optimized charging programs or programs that
|
23 | | encourage charging at times beneficial to the electric
|
24 | | grid; |
25 | | (4) optional demand-response programs specifically |
26 | | related to
electrification efforts; |
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1 | | (5) incentives for electrification and associated
|
2 | | infrastructure tied to using electricity at off-peak |
3 | | times; |
4 | | (6) incentives for electrification and associated
|
5 | | infrastructure targeted to medium-duty and heavy-duty
|
6 | | vehicles used by transit agencies; |
7 | | (7) incentives for electrification and associated
|
8 | | infrastructure targeted to school buses; |
9 | | (8) incentives for electrification and associated
|
10 | | infrastructure for medium-duty and heavy-duty government
|
11 | | and private fleet vehicles; |
12 | | (9) low-income programs that provide access to
|
13 | | electric vehicles for communities where car ownership or
|
14 | | new car ownership is not common; |
15 | | (10) incentives for electrification in eligible |
16 | | communities; |
17 | | (11) incentives or programs to enable quicker adoption
|
18 | | of electric vehicles by developing public charging |
19 | | stations in dense areas, workplaces, and low-income |
20 | | communities; |
21 | | (12) incentives or programs to develop electric
|
22 | | vehicle infrastructure that minimizes range anxiety, |
23 | | filling the gaps in deployment,
particularly in rural |
24 | | areas and along highway corridors; |
25 | | (13) incentives to encourage the
development of |
26 | | electrification and
renewable energy generation in close |
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1 | | proximity in order to reduce grid congestion; |
2 | | (14) offer support to low-income communities who are |
3 | | experiencing financial and accessibility barriers such |
4 | | that electric vehicle ownership is not an option;
and |
5 | | (15) other such programs as defined by the Commission. |
6 | | "Black, indigenous, and people of color" or "BIPOC" means |
7 | | people who are members of the groups described in |
8 | | subparagraphs (a) through (e) of paragraph (A) of subsection |
9 | | (1) of Section 2 of the Business Enterprise for Minorities, |
10 | | Women, and Persons with Disabilities Act. |
11 | | "Commission" means the Illinois Commerce Commission. |
12 | | "Coordinator" means the Electric Vehicle Coordinator. |
13 | | "Electric vehicle" means a vehicle that is exclusively |
14 | | powered by and refueled by electricity, must be plugged in to |
15 | | charge, and is licensed to drive on public roadways. "Electric |
16 | | vehicle" does not include electric motorcycles or hybrid |
17 | | electric vehicles and extended-range electric vehicles that |
18 | | are also equipped with conventional fueled propulsion or |
19 | | auxiliary engines. |
20 | | "Electric vehicle charging station" means a station that |
21 | | delivers electricity from a source outside an electric vehicle |
22 | | into one or more electric vehicles. |
23 | | "Environmental justice communities" means the definition
|
24 | | of that term based on existing methodologies and findings,
|
25 | | used and as may be updated by the Illinois Power Agency and its
|
26 | | program administrator in the Illinois Solar for All Program. |
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1 | | "Equity investment eligible community" or "eligible |
2 | | community" means the geographic areas throughout Illinois |
3 | | which would most benefit from equitable investments by the |
4 | | State designed to combat discrimination and foster sustainable |
5 | | economic growth. Specifically, "eligible community" means the |
6 | | following areas: |
7 | | (1) areas where residents have been historically |
8 | | excluded from economic opportunities, including |
9 | | opportunities in the energy sector, as defined pursuant to |
10 | | Section 10-40 of the Cannabis Regulation and Tax Act; and |
11 | | (2) areas where residents have been historically |
12 | | subject to disproportionate burdens of pollution, |
13 | | including pollution from the energy sector, as established |
14 | | by environmental justice communities as defined by the |
15 | | Illinois Power Agency pursuant to Illinois Power Agency |
16 | | Act, excluding any racial or ethnic indicators. |
17 | | "Equity investment eligible person" or "eligible person" |
18 | | means the persons who would most benefit from equitable |
19 | | investments by the State designed to combat discrimination and |
20 | | foster sustainable economic growth. Specifically, "eligible |
21 | | person" means the following people: |
22 | | (1) persons whose primary residence is in an equity |
23 | | investment eligible community; |
24 | | (2) persons who are graduates of or currently enrolled |
25 | | in the foster care system; or |
26 | | (3) persons who were formerly incarcerated. |
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1 | | "Low-income" means persons and families whose income does
|
2 | | not exceed 80% of the state median income for the current State |
3 | | fiscal year as established by the U.S. Department of Health |
4 | | and Human Services. |
5 | | "Make-ready infrastructure" means the electrical and |
6 | | construction work necessary between the distribution circuit |
7 | | to the connection point of charging equipment. |
8 | | "Optimized charging programs" mean programs whereby owners
|
9 | | of electric vehicles can set their vehicles to be charged
|
10 | | based on the electric system's current demand, retail or |
11 | | wholesale market rates, incentives, the carbon or other
|
12 | | pollution intensity of the electric generation mix, the
|
13 | | provision of grid services, efficient use of the electric
|
14 | | grid, or the availability of clean energy generation.
|
15 | | Optimized charging programs may be operated by utilities as
|
16 | | well as third parties. |
17 | | (c) The Commission shall initiate a workshop process no |
18 | | later than November 30, 2021 for the purpose of soliciting |
19 | | input on the design of beneficial electrification programs |
20 | | that the
utility shall offer. The workshop shall be |
21 | | coordinated by the Staff of the Commission, or a facilitator |
22 | | retained by Staff, and shall be organized and facilitated in a |
23 | | manner that encourages representation from diverse |
24 | | stakeholders, including stakeholders representing |
25 | | environmental justice and low-income communities, and ensures |
26 | | equitable opportunities for participation, without requiring |
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1 | | formal intervention or representation by an attorney. |
2 | | The stakeholder workshop process shall take into |
3 | | consideration the benefits of electric vehicle
adoption and |
4 | | barriers to adoption, including: |
5 | | (1) the benefit of lower bills for customers who do
|
6 | | not charge electric vehicles; |
7 | | (2) benefits to the
distribution system from electric |
8 | | vehicle usage; |
9 | | (3) the avoidance and reduction in capacity costs from
|
10 | | optimized charging and off-peak charging; |
11 | | (4) energy price and cost reductions; |
12 | | (5) environmental benefits, including greenhouse gas
|
13 | | emission and other pollution reductions; |
14 | | (6) current barriers to mass-market adoption,
|
15 | | including cost of ownership and availability of charging
|
16 | | stations; |
17 | | (7) current barriers to increasing access among |
18 | | populations that have limited access to electric vehicle |
19 | | ownership, communities significantly impacted by |
20 | | transportation-related pollution, and market segments that |
21 | | create disproportionate pollution impacts; |
22 | | (8) benefits of and incentives for medium-duty and
|
23 | | heavy-duty fleet vehicle electrification; |
24 | | (9) opportunities for eligible communities to benefit |
25 | | from electrification; |
26 | | (10) geographic areas and market segments that should |
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1 | | be prioritized for electrification infrastructure |
2 | | investment. |
3 | | The workshops shall consider barriers, incentives,
|
4 | | enabling rate structures, and other opportunities for the
bill |
5 | | reduction and environmental benefits described in
this |
6 | | subsection. |
7 | | The workshop process shall conclude no later than February |
8 | | 28, 2022. Following the workshop, the Staff of the Commission, |
9 | | or the facilitator retained by the Staff, shall prepare and |
10 | | submit a report, no later than March 31, 2022, to the |
11 | | Commission that includes, but is not limited to, |
12 | | recommendations for transportation electrification investment |
13 | | or incentives in the following areas: |
14 | | (i) publicly accessible Level 2 and fast-charging |
15 | | stations, with a focus on bringing access to |
16 | | transportation electrification in densely populated areas |
17 | | and workplaces within eligible communities; |
18 | | (ii) medium-duty and heavy-duty charging |
19 | | infrastructure used by government and private fleet |
20 | | vehicles that serve or travel through environmental |
21 | | justice or eligible communities; |
22 | | (iii) medium-duty and heavy-duty charging |
23 | | infrastructure used in school bus operations, whether |
24 | | private or public, that primarily serve governmental or |
25 | | educational institutions, and also serve or travel through |
26 | | environmental justice or eligible communities; |
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1 | | (iv) public transit medium-duty and heavy-duty |
2 | | charging infrastructure, developed in consultation with |
3 | | public transportation agencies; and |
4 | | (v) publicly accessible Level 2 and fast-charging |
5 | | stations targeted to fill gaps in deployment, particularly |
6 | | in rural areas and along State highway corridors. |
7 | | The report must also identify the participants in the |
8 | | process, program designs proposed during the process, |
9 | | estimates of the costs and benefits of proposed programs, any |
10 | | material issues that remained unresolved at the conclusions of |
11 | | such process, and any recommendations for workshop process |
12 | | improvements. The report shall be used by the Commission to |
13 | | inform and evaluate the cost effectiveness and achievement of |
14 | | goals within the submitted Beneficial Electrification Plans. |
15 | | (d) No later than July 1, 2022, electric utilities serving
|
16 | | greater than 500,000 customers in the State shall file a
|
17 | | Beneficial Electrification Plan with the Illinois Commerce
|
18 | | Commission for programs that start no later than January 1,
|
19 | | 2023. The plan shall take into consideration recommendations |
20 | | from the workshop report described in this Section. Within 45 |
21 | | days after the filing of the Beneficial Electrification Plan, |
22 | | the Commission shall, with reasonable notice, open an |
23 | | investigation to consider whether the plan meets the |
24 | | objectives and contains the information required by this |
25 | | Section. The Commission shall determine if the proposed plan |
26 | | is cost-beneficial and in the public interest. When |
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1 | | considering if the plan is in the public interest and |
2 | | determining appropriate levels of cost recovery for |
3 | | investments and expenditures related to programs proposed by |
4 | | an electric utility, the Commission shall consider whether the |
5 | | investments and other expenditures are designed and reasonably |
6 | | expected to: |
7 | | (1) maximize total energy cost savings and rate |
8 | | reductions so that nonparticipants can benefit; |
9 | | (2) address environmental justice interests by |
10 | | ensuring there are significant opportunities for residents |
11 | | and businesses in eligible communities to directly |
12 | | participate in and benefit from beneficial electrification |
13 | | programs; |
14 | | (3) support at least a 40% investment of make-ready |
15 | | infrastructure incentives to facilitate the rapid |
16 | | deployment of charging equipment in or serving |
17 | | environmental justice, low-income, and eligible |
18 | | communities; however, nothing in this subsection is |
19 | | intended to require a specific amount of spending in a |
20 | | particular geographic area; |
21 | | (4) support at least a 5% investment target in |
22 | | electrifying medium-duty and heavy-duty school bus and |
23 | | diesel public transportation vehicles located in or |
24 | | serving environmental justice, low-income, and eligible |
25 | | communities in order to provide those communities and |
26 | | businesses with greater economic investment, |
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1 | | transportation opportunities, and a cleaner environment so |
2 | | they can directly benefit from transportation |
3 | | electrification efforts; however, nothing in this |
4 | | subsection is intended to require a specific amount of |
5 | | spending in a particular geographic area; |
6 | | (5) stimulate innovation, competition, private |
7 | | investment, and increased consumer choices in electric |
8 | | vehicle charging equipment and networks; |
9 | | (6) contribute to the reduction of carbon emissions |
10 | | and meeting air quality standards, including improving air |
11 | | quality in eligible communities who disproportionately |
12 | | suffer from emissions from the medium-duty and heavy-duty |
13 | | transportation sector; |
14 | | (7) support the efficient and cost-effective use of |
15 | | the electric grid in a manner that supports electric |
16 | | vehicle charging operations; and |
17 | | (8) provide resources to support private investment in |
18 | | charging equipment for uses in public and private charging |
19 | | applications, including residential, multi-family, fleet, |
20 | | transit, community, and corridor applications. |
21 | | The plan shall be determined to be cost-beneficial if the |
22 | | total cost of beneficial electrification expenditures is less |
23 | | than the net present value of increased electricity costs |
24 | | (defined as marginal avoided energy, avoided capacity, and |
25 | | avoided transmission and
distribution system costs) avoided by |
26 | | programs under the plan, the net present value of reductions |
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1 | | in other customer energy costs, net revenue from all electric |
2 | | charging in the service territory, and the societal value of |
3 | | reduced carbon emissions and surface-level pollutants, |
4 | | particularly in environmental justice communities. The |
5 | | calculation of costs and benefits should be based on net |
6 | | impacts, including the impact on customer rates. |
7 | | The Commission shall approve, approve with modifications, |
8 | | or reject the plan within 270 days from the date of filing. The |
9 | | Commission may approve the plan if it finds that the plan will |
10 | | achieve the goals described in this Section and contains the |
11 | | information described in this Section. Proceedings under this |
12 | | Section shall proceed according to the rules provided by |
13 | | Article IX of the Public Utilities Act. Information contained |
14 | | in the approved plan shall be considered part of the record in |
15 | | any Commission proceeding under Section 16-107.6 of the Public |
16 | | Utilities Act, provided that a final order has not been |
17 | | entered prior to the initial filing date. The Beneficial |
18 | | Electrification Plan shall specifically
address, at a minimum, |
19 | | the following: |
20 | | (i) make-ready investments to facilitate the rapid |
21 | | deployment of charging equipment throughout the State, |
22 | | facilitate the electrification of public transit and other |
23 | | vehicle fleets in the light-duty, medium-duty, and |
24 | | heavy-duty sectors, and align with Agency-issued rebates |
25 | | for charging equipment; |
26 | | (ii) the development and implementation of beneficial |
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1 | | electrification programs, including time-of-use
rates and |
2 | | their benefit for electric vehicle users and for
all |
3 | | customers, optimized charging programs to
achieve savings |
4 | | identified, and new contracts and
compensation for |
5 | | services in those programs, through
signals that allow |
6 | | electric vehicle charging to respond to
local system |
7 | | conditions, manage critical peak periods,
serve as a |
8 | | demand response or peak resource, and maximize
renewable |
9 | | energy use and integration into the grid; |
10 | | (iii) optional commercial tariffs utilizing |
11 | | alternatives to traditional demand-based rate structures |
12 | | to facilitate charging for light duty, heavy duty, and |
13 | | fleet electric vehicles; |
14 | | (iv) financial and other challenges to electric |
15 | | vehicle
usage in low-income communities, and strategies |
16 | | for overcoming those challenges, particularly in |
17 | | communities
and for people for whom car ownership is not |
18 | | an option; |
19 | | (v) methods of minimizing ratepayer impacts and |
20 | | exempting or minimizing, to the extent possible, |
21 | | low-income ratepayers from the costs associated with |
22 | | facilitating the expansion of electric vehicle charging; |
23 | | (vi) plans to increase access to Level 3 Public
|
24 | | Electric Vehicle Charging Infrastructure to serve vehicles |
25 | | that need quicker charging times and vehicles of persons |
26 | | who have no
other access to charging infrastructure, |
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1 | | regardless of
whether those projects participate in |
2 | | optimized charging
programs; |
3 | | (vii) whether to establish charging standards for type |
4 | | of plugs eligible for investment or incentive programs, |
5 | | and if so, what standards; |
6 | | (viii) opportunities for coordination and cohesion |
7 | | with
electric vehicle and electric vehicle charging |
8 | | equipment
incentives established by any agency, |
9 | | department, board,
or commission of the State, any other |
10 | | unit of
government in the State, any national programs, or |
11 | | any
unit of the federal government; |
12 | | (ix) ideas for the development of online tools,
|
13 | | applications, and data sharing that provide essential
|
14 | | information to those charging electric vehicles, and
|
15 | | enable an automated charging response to price signals,
|
16 | | emission signals, real-time renewable generation
|
17 | | production, and other Commission-approved or
|
18 | | customer-desired indicators of beneficial charging times;
|
19 | | and |
20 | | (x) customer education, outreach, and incentive |
21 | | programs that increase awareness of the programs and the |
22 | | benefits of transportation electrification, including |
23 | | direct outreach to eligible communities; |
24 | | (e) Proceedings under this Section shall proceed according |
25 | | to the rules provided by Article IX of the Public Utilities |
26 | | Act. Information contained in the approved plan shall be |
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1 | | considered part of the record in any Commission proceeding |
2 | | under Section 16-107.6 of the Public Utilities Act, provided |
3 | | that a final order has not been entered prior to the initial |
4 | | filing date. |
5 | | (f) The utility shall file an update to the plan on July 1, |
6 | | 2024 and every 3 years thereafter. This update shall describe |
7 | | transportation investments made during the prior plan period, |
8 | | investments planned for the following 24 months, and updates |
9 | | to the information required by this Section. Beginning with |
10 | | the first update, the utility shall develop the plan in |
11 | | conjunction with the distribution system planning process |
12 | | described in Section 16-105.17, including incorporation of |
13 | | stakeholder feedback from that process. |
14 | | (g) Within 35 days after the utility files its report, the |
15 | | Commission shall, upon its own initiative, open an |
16 | | investigation regarding the utility's plan update to |
17 | | investigate whether the objectives described in this Section |
18 | | are being achieved. The Commission shall determine whether |
19 | | investment targets should be increased based on achievement of |
20 | | spending goals outlined in the Beneficial Electrification Plan |
21 | | and consistency with outcomes directed in the plan stakeholder |
22 | | workshop report. If the Commission finds, after notice and |
23 | | hearing, that the utility's plan is materially deficient, the |
24 | | Commission shall issue an order requiring the utility to |
25 | | devise a corrective action plan, subject to Commission |
26 | | approval, to bring the plan into compliance with the goals of |
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1 | | this Section. The Commission's order shall be entered within |
2 | | 270 days after the utility files its annual report.
The |
3 | | contents of a plan filed under this Section shall be available |
4 | | for evidence in Commission proceedings. However, omission from |
5 | | an approved plan shall not render any future utility |
6 | | expenditure to be considered unreasonable or imprudent. The |
7 | | Commission may, upon sufficient evidence, allow expenditures |
8 | | that were not part of any particular distribution plan.
The |
9 | | Commission shall consider revenues from electric vehicles in |
10 | | the utility's service territory in evaluating the retail rate |
11 | | impact. The retail rate impact from the development of |
12 | | electric vehicle infrastructure shall not exceed 1% per year |
13 | | of the total annual revenue requirements of the utility. |
14 | | (h) In meeting the requirements of this Section, the |
15 | | utility shall demonstrate efforts to increase the use of |
16 | | contractors and electric vehicle charging station installers |
17 | | that meet multiple workforce equity actions, including, but |
18 | | not limited to: |
19 | | (1) the business is headquartered in or the person |
20 | | resides in an eligible community; |
21 | | (2) the business is majority owned by eligible person |
22 | | or the contractor is an eligible person; |
23 | | (3) the business or person is certified by another |
24 | | municipal, State, federal, or other certification for |
25 | | disadvantaged businesses; |
26 | | (4) the business or person meets the eligibility |
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1 | | criteria for a certification program such as: |
2 | | (A) certified under Section 2 of the Business |
3 | | Enterprise for Minorities, Women, and Persons with |
4 | | Disabilities Act; |
5 | | (B) certified by another municipal, State, |
6 | | federal, or other certification for disadvantaged |
7 | | businesses; |
8 | | (C) submits an affidavit showing that the
vendor |
9 | | meets the eligibility criteria for a
certification |
10 | | program such as those in items (A) and
(B); or |
11 | | (D) if the vendor is a nonprofit, meets any of the |
12 | | criteria in those in item (A), (B), or (C) with the |
13 | | exception that the nonprofit is not required to meet |
14 | | any criteria related to being a for-profit entity, or |
15 | | is controlled by a board of directors that consists of |
16 | | 51% or greater individuals who are equity investment |
17 | | eligible persons; or |
18 | | (E) ensuring that program implementation |
19 | | contractors and electric vehicle charging station |
20 | | installers pay employees working on electric vehicle |
21 | | charging installations at or above the prevailing wage |
22 | | rate as published by the Department of Labor. |
23 | | Utilities shall establish reporting procedures for vendors |
24 | | that ensure compliance with this subsection, but are |
25 | | structured to avoid, wherever possible, placing an undue |
26 | | administrative burden on vendors. |
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1 | | (i) Program data collection. |
2 | | (1) In order to ensure that the benefits provided to |
3 | | Illinois residents and business by the clean energy |
4 | | economy are equitably distributed across the State, it is |
5 | | necessary to accurately measure the applicants and |
6 | | recipients of this Program. The purpose of this paragraph |
7 | | is to require the implementing utilities to collect all |
8 | | data from Program applicants and beneficiaries to track |
9 | | and improve equitable distribution of benefits across |
10 | | Illinois communities. The further purpose is to measure |
11 | | any potential impact of racial discrimination on the |
12 | | distribution of benefits and provide the utilities the |
13 | | information necessary to correct any discrimination |
14 | | through methods consistent with State and federal law. |
15 | | (2) The implementing utilities shall collect |
16 | | demographic and geographic data for each applicant and |
17 | | each person or business awarded benefits or contracts |
18 | | under this Program. |
19 | | (3) The implementing utilities shall collect the |
20 | | following information from applicants and Program or |
21 | | procurement beneficiaries where applicable: |
22 | | (A) demographic information, including racial or |
23 | | ethnic identity for real persons employed, contracted, |
24 | | or subcontracted through the program; |
25 | | (B) demographic information, including racial or |
26 | | ethnic identity of business owners; |
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1 | | (C) geographic location of the residency of real |
2 | | persons or geographic location of the headquarters for |
3 | | businesses; and |
4 | | (D) any other information necessary for the |
5 | | purpose of achieving the purpose of this paragraph. |
6 | | (4) The utility shall publish, at least annually, |
7 | | aggregated information on the demographics of program and |
8 | | procurement applicants and beneficiaries. The utilities |
9 | | shall protect personal and confidential business |
10 | | information as necessary. |
11 | | (5) The utilities shall conduct a regular review |
12 | | process to confirm the accuracy of reported data. |
13 | | (6) On a quarterly basis, utilities shall collect data |
14 | | necessary to ensure compliance with this Section and shall |
15 | | communicate progress toward compliance to program |
16 | | implementation contractors and electric vehicle charging |
17 | | station installation vendors. |
18 | | (7) Utilities filing Beneficial Electrification Plans |
19 | | under this Section shall report annually to the Illinois |
20 | | Commerce Commission and the General Assembly on how |
21 | | hiring, contracting, job training, and other practices |
22 | | related to its Beneficial electrification programs enhance |
23 | | the diversity of vendors working on such programs. These |
24 | | reports must include data on vendor and employee |
25 | | diversity. |
26 | | (j) The provisions of this Section are severable under |
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1 | | Section 1.31 of the Statute on Statutes. |
2 | | (20 ILCS 627/55 new) |
3 | | Sec. 55. Charging rebate program. |
4 | | (a) In order to substantially offset the installation |
5 | | costs of electric vehicle charging infrastructure, beginning |
6 | | July 1, 2022, and continuing as long as funds are available, |
7 | | the Agency shall issue rebates, consistent with the |
8 | | Commission-approved Beneficial Electrification Plans in |
9 | | accordance with Section 45, to public and private |
10 | | organizations and companies to install and maintain Level 2 or |
11 | | Level 3 charging stations. |
12 | | (b) The Agency shall award rebates or grants that fund up |
13 | | to 80% of the cost of the installation of charging stations. |
14 | | The Agency shall award additional incentives per port for |
15 | | every charging station installed in an eligible community and |
16 | | every charging station located to support eligible persons. In |
17 | | order to be eligible to receive a rebate or grant, the |
18 | | organization or company must submit an application to the |
19 | | Agency and commit to paying the prevailing wage for the |
20 | | installation project. The Agency shall by rule provide |
21 | | application and other programmatic details and requirements, |
22 | | including additional incentives for eligible communities. The |
23 | | Agency may determine per port or project caps based on a review |
24 | | of best practices and stakeholder engagement. The Agency shall |
25 | | accept applications on a rolling basis and shall award rebates |
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1 | | or grants within 60 days of each application. The Agency may |
2 | | not award rebates or grants to an organization or company that |
3 | | does not pay the prevailing wage for the installation of a |
4 | | charging station for which it seeks a rebate or grant. |
5 | | (20 ILCS 627/60 new) |
6 | | Sec. 60. Study on loss infrastructure funds and |
7 | | replacement options. The Illinois Department of Transportation |
8 | | shall conduct a study to be delivered to the members of the |
9 | | Illinois General Assembly and made available to the public no |
10 | | later than September 30, 2022. The study shall consider how |
11 | | the proliferation of electric vehicles will adversely affect |
12 | | resources needed for transportation infrastructure and take |
13 | | into consideration any relevant federal actions. The study |
14 | | shall identify the potential revenue loss and offer multiple |
15 | | options for replacing those lost revenues. The Illinois |
16 | | Department of Transportation shall collaborate with |
17 | | organizations representing businesses involved in designing |
18 | | and building transportation infrastructure, organized labor, |
19 | | the general business community, and users of the system. In |
20 | | addition, the Illinois Department of Transportation may |
21 | | collaborate with other state agencies, including but not |
22 | | limited to the Illinois Secretary of State and the Illinois |
23 | | Department of Revenue. |
24 | | This Section is repealed on January 1, 2024. |
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1 | | Section 90-23. The Illinois Enterprise Zone Act is amended |
2 | | by changing Section 5.5 as follows:
|
3 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
|
4 | | Sec. 5.5. High Impact Business.
|
5 | | (a) In order to respond to unique opportunities to assist |
6 | | in the
encouragement, development, growth , and expansion of |
7 | | the private sector through
large scale investment and |
8 | | development projects, the Department is authorized
to receive |
9 | | and approve applications for the designation of "High Impact
|
10 | | Businesses" in Illinois subject to the following conditions:
|
11 | | (1) such applications may be submitted at any time |
12 | | during the year;
|
13 | | (2) such business is not located, at the time of |
14 | | designation, in
an enterprise zone designated pursuant to |
15 | | this Act;
|
16 | | (3) the business intends to do one or more of the |
17 | | following:
|
18 | | (A) the business intends to make a minimum |
19 | | investment of
$12,000,000 which will be placed in |
20 | | service in qualified property and
intends to create |
21 | | 500 full-time equivalent jobs at a designated location
|
22 | | in Illinois or intends to make a minimum investment of |
23 | | $30,000,000 which
will be placed in service in |
24 | | qualified property and intends to retain 1,500
|
25 | | full-time retained jobs at a designated location in |
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1 | | Illinois.
The business must certify in writing that |
2 | | the investments would not be
placed in service in |
3 | | qualified property and the job creation or job
|
4 | | retention would not occur without the tax credits and |
5 | | exemptions set forth
in subsection (b) of this |
6 | | Section. The terms "placed in service" and
"qualified |
7 | | property" have the same meanings as described in |
8 | | subsection (h)
of Section 201 of the Illinois Income |
9 | | Tax Act; or
|
10 | | (B) the business intends to establish a new |
11 | | electric generating
facility at a designated location |
12 | | in Illinois. "New electric generating
facility", for |
13 | | purposes of this Section, means a newly-constructed
|
14 | | electric
generation plant
or a newly-constructed |
15 | | generation capacity expansion at an existing electric
|
16 | | generation
plant, including the transmission lines and |
17 | | associated
equipment that transfers electricity from |
18 | | points of supply to points of
delivery, and for which |
19 | | such new foundation construction commenced not sooner
|
20 | | than July 1,
2001. Such facility shall be designed to |
21 | | provide baseload electric
generation and shall operate |
22 | | on a continuous basis throughout the year;
and (i) |
23 | | shall have an aggregate rated generating capacity of |
24 | | at least 1,000
megawatts for all new units at one site |
25 | | if it uses natural gas as its primary
fuel and |
26 | | foundation construction of the facility is commenced |
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1 | | on
or before December 31, 2004, or shall have an |
2 | | aggregate rated generating
capacity of at least 400 |
3 | | megawatts for all new units at one site if it uses
coal |
4 | | or gases derived from coal
as its primary fuel and
|
5 | | shall support the creation of at least 150 new |
6 | | Illinois coal mining jobs, or
(ii) shall be funded |
7 | | through a federal Department of Energy grant before |
8 | | December 31, 2010 and shall support the creation of |
9 | | Illinois
coal-mining
jobs, or (iii) shall use coal |
10 | | gasification or integrated gasification-combined cycle |
11 | | units
that generate
electricity or chemicals, or both, |
12 | | and shall support the creation of Illinois
coal-mining
|
13 | | jobs.
The
business must certify in writing that the |
14 | | investments necessary to establish
a new electric |
15 | | generating facility would not be placed in service and |
16 | | the
job creation in the case of a coal-fueled plant
|
17 | | would not occur without the tax credits and exemptions |
18 | | set forth in
subsection (b-5) of this Section. The |
19 | | term "placed in service" has
the same meaning as |
20 | | described in subsection
(h) of Section 201 of the |
21 | | Illinois Income Tax Act; or
|
22 | | (B-5) the business intends to establish a new |
23 | | gasification
facility at a designated location in |
24 | | Illinois. As used in this Section, "new gasification |
25 | | facility" means a newly constructed coal gasification |
26 | | facility that generates chemical feedstocks or |
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1 | | transportation fuels derived from coal (which may |
2 | | include, but are not limited to, methane, methanol, |
3 | | and nitrogen fertilizer), that supports the creation |
4 | | or retention of Illinois coal-mining jobs, and that |
5 | | qualifies for financial assistance from the Department |
6 | | before December 31, 2010. A new gasification facility |
7 | | does not include a pilot project located within |
8 | | Jefferson County or within a county adjacent to |
9 | | Jefferson County for synthetic natural gas from coal; |
10 | | or |
11 | | (C) the business intends to establish
production |
12 | | operations at a new coal mine, re-establish production |
13 | | operations at
a closed coal mine, or expand production |
14 | | at an existing coal mine
at a designated location in |
15 | | Illinois not sooner than July 1, 2001;
provided that |
16 | | the
production operations result in the creation of |
17 | | 150 new Illinois coal mining
jobs as described in |
18 | | subdivision (a)(3)(B) of this Section, and further
|
19 | | provided that the coal extracted from such mine is |
20 | | utilized as the predominant
source for a new electric |
21 | | generating facility.
The business must certify in |
22 | | writing that the
investments necessary to establish a |
23 | | new, expanded, or reopened coal mine would
not
be |
24 | | placed in service and the job creation would not
occur |
25 | | without the tax credits and exemptions set forth in |
26 | | subsection (b-5) of
this Section. The term "placed in |
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1 | | service" has
the same meaning as described in |
2 | | subsection (h) of Section 201 of the
Illinois Income |
3 | | Tax Act; or
|
4 | | (D) the business intends to construct new |
5 | | transmission facilities or
upgrade existing |
6 | | transmission facilities at designated locations in |
7 | | Illinois,
for which construction commenced not sooner |
8 | | than July 1, 2001. For the
purposes of this Section, |
9 | | "transmission facilities" means transmission lines
|
10 | | with a voltage rating of 115 kilovolts or above, |
11 | | including associated
equipment, that transfer |
12 | | electricity from points of supply to points of
|
13 | | delivery and that transmit a majority of the |
14 | | electricity generated by a new
electric generating |
15 | | facility designated as a High Impact Business in |
16 | | accordance
with this Section. The business must |
17 | | certify in writing that the investments
necessary to |
18 | | construct new transmission facilities or upgrade |
19 | | existing
transmission facilities would not be placed |
20 | | in service
without the tax credits and exemptions set |
21 | | forth in subsection (b-5) of this
Section. The term |
22 | | "placed in service" has the
same meaning as described |
23 | | in subsection (h) of Section 201 of the Illinois
|
24 | | Income Tax Act; or
|
25 | | (E) the business intends to establish a new wind |
26 | | power facility at a designated location in Illinois. |
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1 | | For purposes of this Section, "new wind power |
2 | | facility" means a newly constructed electric |
3 | | generation facility, or a newly constructed expansion |
4 | | of an existing electric generation facility, placed in |
5 | | service on or after July 1, 2009, that generates |
6 | | electricity using wind energy devices, and such |
7 | | facility shall be deemed to include all associated |
8 | | transmission lines, substations, and other equipment |
9 | | related to the generation of electricity from wind |
10 | | energy devices. For purposes of this Section, "wind |
11 | | energy device" means any device, with a nameplate |
12 | | capacity of at least 0.5 megawatts, that is used in the |
13 | | process of converting kinetic energy from the wind to |
14 | | generate electricity; or |
15 | | (E-5) the business intends to establish a new |
16 | | utility-scale solar facility at a designated location |
17 | | in Illinois. For purposes of this Section, "new |
18 | | utility-scale solar power facility" means a newly |
19 | | constructed electric generation facility, or a newly |
20 | | constructed expansion of an existing electric |
21 | | generation facility, placed in service on or after |
22 | | July 1, 2021, that (i) generates electricity using |
23 | | photovoltaic cells and (ii) has a nameplate capacity |
24 | | that is greater than 5,000 kilowatts, and such |
25 | | facility shall be deemed to include all associated |
26 | | transmission lines, substations, energy storage |
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1 | | facilities, and other equipment related to the |
2 | | generation and storage of electricity from |
3 | | photovoltaic cells; or |
4 | | (F) the business commits to (i) make a minimum |
5 | | investment of $500,000,000, which will be placed in |
6 | | service in a qualified property, (ii) create 125 |
7 | | full-time equivalent jobs at a designated location in |
8 | | Illinois, (iii) establish a fertilizer plant at a |
9 | | designated location in Illinois that complies with the |
10 | | set-back standards as described in Table 1: Initial |
11 | | Isolation and Protective Action Distances in the 2012 |
12 | | Emergency Response Guidebook published by the United |
13 | | States Department of Transportation, (iv) pay a |
14 | | prevailing wage for employees at that location who are |
15 | | engaged in construction activities, and (v) secure an |
16 | | appropriate level of general liability insurance to |
17 | | protect against catastrophic failure of the fertilizer |
18 | | plant or any of its constituent systems; in addition, |
19 | | the business must agree to enter into a construction |
20 | | project labor agreement including provisions |
21 | | establishing wages, benefits, and other compensation |
22 | | for employees performing work under the project labor |
23 | | agreement at that location; for the purposes of this |
24 | | Section, "fertilizer plant" means a newly constructed |
25 | | or upgraded plant utilizing gas used in the production |
26 | | of anhydrous ammonia and downstream nitrogen |
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1 | | fertilizer products for resale; for the purposes of |
2 | | this Section, "prevailing wage" means the hourly cash |
3 | | wages plus fringe benefits for training and
|
4 | | apprenticeship programs approved by the U.S. |
5 | | Department of Labor, Bureau of
Apprenticeship and |
6 | | Training, health and welfare, insurance, vacations and
|
7 | | pensions paid generally, in the
locality in which the |
8 | | work is being performed, to employees engaged in
work |
9 | | of a similar character on public works; this paragraph |
10 | | (F) applies only to businesses that submit an |
11 | | application to the Department within 60 days after |
12 | | July 25, 2013 ( the effective date of Public Act |
13 | | 98-109) this amendatory Act of the 98th General |
14 | | Assembly ; and |
15 | | (4) no later than 90 days after an application is |
16 | | submitted, the
Department shall notify the applicant of |
17 | | the Department's determination of
the qualification of the |
18 | | proposed High Impact Business under this Section.
|
19 | | (b) Businesses designated as High Impact Businesses |
20 | | pursuant to
subdivision (a)(3)(A) of this Section shall |
21 | | qualify for the credits and
exemptions described in the
|
22 | | following Acts: Section 9-222 and Section 9-222.1A of the |
23 | | Public Utilities
Act,
subsection (h)
of Section 201 of the |
24 | | Illinois Income Tax Act,
and Section 1d of
the
Retailers' |
25 | | Occupation Tax Act; provided that these credits and
exemptions
|
26 | | described in these Acts shall not be authorized until the |
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1 | | minimum
investments set forth in subdivision (a)(3)(A) of this
|
2 | | Section have been placed in
service in qualified properties |
3 | | and, in the case of the exemptions
described in the Public |
4 | | Utilities Act and Section 1d of the Retailers'
Occupation Tax |
5 | | Act, the minimum full-time equivalent jobs or full-time |
6 | | retained jobs set
forth in subdivision (a)(3)(A) of this |
7 | | Section have been
created or retained.
Businesses designated |
8 | | as High Impact Businesses under
this Section shall also
|
9 | | qualify for the exemption described in Section 5l of the |
10 | | Retailers' Occupation
Tax Act. The credit provided in |
11 | | subsection (h) of Section 201 of the Illinois
Income Tax Act |
12 | | shall be applicable to investments in qualified property as |
13 | | set
forth in subdivision (a)(3)(A) of this Section.
|
14 | | (b-5) Businesses designated as High Impact Businesses |
15 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), |
16 | | and (a)(3)(D) of this Section shall qualify
for the credits |
17 | | and exemptions described in the following Acts: Section 51 of
|
18 | | the Retailers' Occupation Tax Act, Section 9-222 and Section |
19 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of |
20 | | Section 201 of the Illinois Income
Tax Act; however, the |
21 | | credits and exemptions authorized under Section 9-222 and
|
22 | | Section 9-222.1A of the Public Utilities Act, and subsection |
23 | | (h) of Section 201
of the Illinois Income Tax Act shall not be |
24 | | authorized until the new electric
generating facility, the new |
25 | | gasification facility, the new transmission facility, or the |
26 | | new, expanded, or
reopened coal mine is operational,
except |
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1 | | that a new electric generating facility whose primary fuel |
2 | | source is
natural gas is eligible only for the exemption under |
3 | | Section 5l of the
Retailers' Occupation Tax Act.
|
4 | | (b-6) Businesses designated as High Impact Businesses |
5 | | pursuant to subdivision (a)(3)(E) of this Section shall |
6 | | qualify for the exemptions described in Section 5l of the |
7 | | Retailers' Occupation Tax Act; any business so designated as a |
8 | | High Impact Business being, for purposes of this Section, a |
9 | | "Wind Energy Business". |
10 | | (b-7) Beginning on January 1, 2021, businesses designated |
11 | | as High Impact Businesses by the Department shall qualify for |
12 | | the High Impact Business construction jobs credit under |
13 | | subsection (h-5) of Section 201 of the Illinois Income Tax Act |
14 | | if the business meets the criteria set forth in subsection (i) |
15 | | of this Section. The total aggregate amount of credits awarded |
16 | | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9 |
17 | | this amendatory Act of the 101st General Assembly ) shall not |
18 | | exceed $20,000,000 in any State fiscal year. |
19 | | (c) High Impact Businesses located in federally designated |
20 | | foreign trade
zones or sub-zones are also eligible for |
21 | | additional credits, exemptions and
deductions as described in |
22 | | the following Acts: Section 9-221 and Section
9-222.1 of the |
23 | | Public
Utilities Act; and subsection (g) of Section 201, and |
24 | | Section 203
of the Illinois Income Tax Act.
|
25 | | (d) Except for businesses contemplated under subdivision |
26 | | (a)(3)(E) of this Section, existing Illinois businesses which |
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1 | | apply for designation as a
High Impact Business must provide |
2 | | the Department with the prospective plan
for which 1,500 |
3 | | full-time retained jobs would be eliminated in the event that |
4 | | the
business is not designated.
|
5 | | (e) Except for new wind power facilities contemplated |
6 | | under subdivision (a)(3)(E) of this Section, new proposed |
7 | | facilities which apply for designation as High Impact
Business |
8 | | must provide the Department with proof of alternative |
9 | | non-Illinois
sites which would receive the proposed investment |
10 | | and job creation in the
event that the business is not |
11 | | designated as a High Impact Business.
|
12 | | (f) Except for businesses contemplated under subdivision |
13 | | (a)(3)(E) of this Section, in the event that a business is |
14 | | designated a High Impact Business
and it is later determined |
15 | | after reasonable notice and an opportunity for a
hearing as |
16 | | provided under the Illinois Administrative Procedure Act, that
|
17 | | the business would have placed in service in qualified |
18 | | property the
investments and created or retained the requisite |
19 | | number of jobs without
the benefits of the High Impact |
20 | | Business designation, the Department shall
be required to |
21 | | immediately revoke the designation and notify the Director
of |
22 | | the Department of Revenue who shall begin proceedings to |
23 | | recover all
wrongfully exempted State taxes with interest. The |
24 | | business shall also be
ineligible for all State funded |
25 | | Department programs for a period of 10 years.
|
26 | | (g) The Department shall revoke a High Impact Business |
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1 | | designation if
the participating business fails to comply with |
2 | | the terms and conditions of
the designation. However, the |
3 | | penalties for new wind power facilities or Wind Energy |
4 | | Businesses for failure to comply with any of the terms or |
5 | | conditions of the Illinois Prevailing Wage Act shall be only |
6 | | those penalties identified in the Illinois Prevailing Wage |
7 | | Act, and the Department shall not revoke a High Impact |
8 | | Business designation as a result of the failure to comply with |
9 | | any of the terms or conditions of the Illinois Prevailing Wage |
10 | | Act in relation to a new wind power facility or a Wind Energy |
11 | | Business.
|
12 | | (h) Prior to designating a business, the Department shall |
13 | | provide the
members of the General Assembly and Commission on |
14 | | Government Forecasting and Accountability
with a report |
15 | | setting forth the terms and conditions of the designation and
|
16 | | guarantees that have been received by the Department in |
17 | | relation to the
proposed business being designated.
|
18 | | (i) High Impact Business construction jobs credit. |
19 | | Beginning on January 1, 2021, a High Impact Business may |
20 | | receive a tax credit against the tax imposed under subsections |
21 | | (a) and (b) of Section 201 of the Illinois Income Tax Act in an |
22 | | amount equal to 50% of the amount of the incremental income tax |
23 | | attributable to High Impact Business construction jobs credit |
24 | | employees employed in the course of completing a High Impact |
25 | | Business construction jobs project. However, the High Impact |
26 | | Business construction jobs credit may equal 75% of the amount |
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1 | | of the incremental income tax attributable to High Impact |
2 | | Business construction jobs credit employees if the High Impact |
3 | | Business construction jobs credit project is located in an |
4 | | underserved area. |
5 | | The Department shall certify to the Department of Revenue: |
6 | | (1) the identity of taxpayers that are eligible for the High |
7 | | Impact Business construction jobs credit; and (2) the amount |
8 | | of High Impact Business construction jobs credits that are |
9 | | claimed pursuant to subsection (h-5) of Section 201 of the |
10 | | Illinois Income Tax Act in each taxable year. Any business |
11 | | entity that receives a High Impact Business construction jobs |
12 | | credit shall maintain a certified payroll pursuant to |
13 | | subsection (j) of this Section. |
14 | | As used in this subsection (i): |
15 | | "High Impact Business construction jobs credit" means an |
16 | | amount equal to 50% (or 75% if the High Impact Business |
17 | | construction project is located in an underserved area) of the |
18 | | incremental income tax attributable to High Impact Business |
19 | | construction job employees. The total aggregate amount of |
20 | | credits awarded under the Blue Collar Jobs Act (Article 20 of |
21 | | Public Act 101-9 this amendatory Act of the 101st General |
22 | | Assembly ) shall not exceed $20,000,000 in any State fiscal |
23 | | year |
24 | | "High Impact Business construction job employee" means a |
25 | | laborer or worker who is employed by an Illinois contractor or |
26 | | subcontractor in the actual construction work on the site of a |
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1 | | High Impact Business construction job project. |
2 | | "High Impact Business construction jobs project" means |
3 | | building a structure or building or making improvements of any |
4 | | kind to real property, undertaken and commissioned by a |
5 | | business that was designated as a High Impact Business by the |
6 | | Department. The term "High Impact Business construction jobs |
7 | | project" does not include the routine operation, routine |
8 | | repair, or routine maintenance of existing structures, |
9 | | buildings, or real property. |
10 | | "Incremental income tax" means the total amount withheld |
11 | | during the taxable year from the compensation of High Impact |
12 | | Business construction job employees. |
13 | | "Underserved area" means a geographic area that meets one |
14 | | or more of the following conditions: |
15 | | (1) the area has a poverty rate of at least 20% |
16 | | according to the latest federal decennial census; |
17 | | (2) 75% or more of the children in the area |
18 | | participate in the federal free lunch program according to |
19 | | reported statistics from the State Board of Education; |
20 | | (3) at least 20% of the households in the area receive |
21 | | assistance under the Supplemental Nutrition Assistance |
22 | | Program (SNAP); or |
23 | | (4) the area has an average unemployment rate, as |
24 | | determined by the Illinois Department of Employment |
25 | | Security, that is more than 120% of the national |
26 | | unemployment average, as determined by the U.S. Department |
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1 | | of Labor, for a period of at least 2 consecutive calendar |
2 | | years preceding the date of the application. |
3 | | (j) Each contractor and subcontractor who is engaged in |
4 | | and executing a High Impact Business Construction jobs |
5 | | project, as defined under subsection (i) of this Section, for |
6 | | a business that is entitled to a credit pursuant to subsection |
7 | | (i) of this Section shall: |
8 | | (1) make and keep, for a period of 5 years from the |
9 | | date of the last payment made on or after June 5, 2021 ( the |
10 | | effective date of Public Act 101-9) this amendatory Act of |
11 | | the 101st General Assembly on a contract or subcontract |
12 | | for a High Impact Business Construction Jobs Project, |
13 | | records for all laborers and other workers employed by the |
14 | | contractor or subcontractor on the project; the records |
15 | | shall include: |
16 | | (A) the worker's name; |
17 | | (B) the worker's address; |
18 | | (C) the worker's telephone number, if available; |
19 | | (D) the worker's social security number; |
20 | | (E) the worker's classification or |
21 | | classifications; |
22 | | (F) the worker's gross and net wages paid in each |
23 | | pay period; |
24 | | (G) the worker's number of hours worked each day; |
25 | | (H) the worker's starting and ending times of work |
26 | | each day; |
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1 | | (I) the worker's hourly wage rate; and |
2 | | (J) the worker's hourly overtime wage rate; |
3 | | (2) no later than the 15th day of each calendar month, |
4 | | provide a certified payroll for the immediately preceding |
5 | | month to the taxpayer in charge of the High Impact |
6 | | Business construction jobs project; within 5 business days |
7 | | after receiving the certified payroll, the taxpayer shall |
8 | | file the certified payroll with the Department of Labor |
9 | | and the Department of Commerce and Economic Opportunity; a |
10 | | certified payroll must be filed for only those calendar |
11 | | months during which construction on a High Impact Business |
12 | | construction jobs project has occurred; the certified |
13 | | payroll shall consist of a complete copy of the records |
14 | | identified in paragraph (1) of this subsection (j), but |
15 | | may exclude the starting and ending times of work each |
16 | | day; the certified payroll shall be accompanied by a |
17 | | statement signed by the contractor or subcontractor or an |
18 | | officer, employee, or agent of the contractor or |
19 | | subcontractor which avers that: |
20 | | (A) he or she has examined the certified payroll |
21 | | records required to be submitted by the Act and such |
22 | | records are true and accurate; and |
23 | | (B) the contractor or subcontractor is aware that |
24 | | filing a certified payroll that he or she knows to be |
25 | | false is a Class A misdemeanor. |
26 | | A general contractor is not prohibited from relying on a |
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1 | | certified payroll of a lower-tier subcontractor, provided the |
2 | | general contractor does not knowingly rely upon a |
3 | | subcontractor's false certification. |
4 | | Any contractor or subcontractor subject to this |
5 | | subsection, and any officer, employee, or agent of such |
6 | | contractor or subcontractor whose duty as an officer, |
7 | | employee, or agent it is to file a certified payroll under this |
8 | | subsection, who willfully fails to file such a certified |
9 | | payroll on or before the date such certified payroll is |
10 | | required by this paragraph to be filed and any person who |
11 | | willfully files a false certified payroll that is false as to |
12 | | any material fact is in violation of this Act and guilty of a |
13 | | Class A misdemeanor. |
14 | | The taxpayer in charge of the project shall keep the |
15 | | records submitted in accordance with this subsection on or |
16 | | after June 5, 2021 ( the effective date of Public Act 101-9) |
17 | | this amendatory Act of the 101st General Assembly for a period |
18 | | of 5 years from the date of the last payment for work on a |
19 | | contract or subcontract for the High Impact Business |
20 | | construction jobs project. |
21 | | The records submitted in accordance with this subsection |
22 | | shall be considered public records, except an employee's |
23 | | address, telephone number, and social security number, and |
24 | | made available in accordance with the Freedom of Information |
25 | | Act. The Department of Labor shall accept any reasonable |
26 | | submissions by the contractor that meet the requirements of |
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1 | | this subsection (j) and shall share the information with the |
2 | | Department in order to comply with the awarding of a High |
3 | | Impact Business construction jobs credit. A contractor, |
4 | | subcontractor, or public body may retain records required |
5 | | under this Section in paper or electronic format. |
6 | | (k) Upon 7 business days' notice, each contractor and |
7 | | subcontractor shall make available for inspection and copying |
8 | | at a location within this State during reasonable hours, the |
9 | | records identified in this subsection (j) to the taxpayer in |
10 | | charge of the High Impact Business construction jobs project, |
11 | | its officers and agents, the Director of the Department of |
12 | | Labor and his or her deputies and agents, and to federal, |
13 | | State, or local law enforcement agencies and prosecutors. |
14 | | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
|
15 | | Section 90-24. The Department of Labor Law of the
Civil |
16 | | Administrative Code of Illinois is amended by changing Section |
17 | | 1505-215 and by adding Section 1505-220 as follows: |
18 | | (20 ILCS 1505/1505-215) |
19 | | Sec. 1505-215. Bureau on Apprenticeship Programs and Clean |
20 | | Energy Jobs ; Advisory Board . |
21 | | (a) For purposes of this Section, "clean energy sector" |
22 | | means solar energy, wind energy, energy efficiency, solar |
23 | | thermal, green hydrogen, geothermal, and electric vehicle |
24 | | industries and other renewable energy industries, industries |
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1 | | achieving emission reductions, and related industries that |
2 | | manufacture, develop, build, maintain, or provide ancillary |
3 | | services to renewable energy resources or energy efficiency |
4 | | products or services, including the manufacture and |
5 | | installation of healthier building materials that contain |
6 | | fewer hazardous chemicals. |
7 | | (b) There is created within the Department of Labor a |
8 | | Bureau on Apprenticeship Programs and Clean Energy Jobs . This |
9 | | Bureau shall work to increase minority participation in active |
10 | | apprentice programs in Illinois that are approved by the |
11 | | United States Department of Labor and in clean energy jobs in |
12 | | Illinois . The Bureau shall identify barriers to minorities |
13 | | gaining access to construction careers and careers in the |
14 | | clean energy sector and make recommendations to the Governor |
15 | | and the General Assembly for policies to remove those |
16 | | barriers. The Department may hire staff to perform outreach in |
17 | | promoting diversity in active apprenticeship programs approved |
18 | | by the United States Department of Labor. |
19 | | (c) The Bureau shall annually compile racial and gender |
20 | | workforce diversity information from contractors receiving |
21 | | State or other public funds and by labor unions with members |
22 | | working on projects receiving State or other public funds.
|
23 | | (d) The Bureau shall compile racial and gender workforce |
24 | | diversity information from certified transcripts of payroll |
25 | | reports filed in the preceding year pursuant to the Prevailing |
26 | | Wage Act for all clean energy sector construction projects. |
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1 | | The Bureau shall work with the Department of Commerce and |
2 | | Economic Opportunity, the Illinois Power Agency, the Illinois |
3 | | Commerce Commission, and other agencies, as necessary, to |
4 | | receive and share data and reporting on racial and gender |
5 | | workforce diversity, demographic data, and any other data |
6 | | necessary to achieve the goals of this Section. |
7 | | (e) By April 15, 2022 and every April 15 thereafter, the |
8 | | Bureau shall publish and make available on the Department's |
9 | | website a report summarizing the racial and gender diversity |
10 | | of the workforce on all clean energy sector projects by |
11 | | county. The report shall use a consistent structure for |
12 | | information requests and presentation, with an easy-to-use |
13 | | table of contents, to enable comparable year-over-year |
14 | | solicitation and benchmarking of data. The development of the |
15 | | report structure shall be open to a public review and comment |
16 | | period. That report shall compare the race, ethnicity, and |
17 | | gender of the workers on covered clean energy sector projects |
18 | | to the general population of the county in which the project is |
19 | | located. The report shall also disaggregate such data to |
20 | | compare the race, ethnicity, and gender of workers employed by |
21 | | union and nonunion contractors and compare the race, |
22 | | ethnicity, and gender of workers who reside in Illinois and |
23 | | those who reside outside of Illinois. The report shall also |
24 | | include the race, ethnicity, and gender of the workers by |
25 | | prevailing wage classification. |
26 | | (f) The Bureau shall present its annual report to the |
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1 | | Energy Workforce Advisory Council in order to inform its |
2 | | program evaluations, recommendations, and objectives pursuant |
3 | | to Section 5-65 of the Energy Transition Act. The Bureau shall |
4 | | also present its annual report to the Illinois Power Agency in |
5 | | order to inform its ongoing equity and compliance efforts in |
6 | | the clean energy sector. |
7 | | The Bureau and all entities subject to the requirements of |
8 | | subsection (d) shall hold an annual workshop open to the |
9 | | public in 2022 and every year thereafter on the state of racial |
10 | | and gender workforce diversity in the clean energy sector in |
11 | | order to collaboratively seek solutions to structural |
12 | | impediments to achieving diversity, equity, and inclusion |
13 | | goals, including testimony from each participating entity, |
14 | | subject matter experts, and advocates. |
15 | | (g) The Bureau shall publish each annual report prepared |
16 | | and filed pursuant to subsection (d) on the Department of |
17 | | Labor's website for at least 5 years. |
18 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; |
19 | | revised 10-22-20.) |
20 | | (20 ILCS 1505/1505-220 new) |
21 | | Sec. 1505-220. Small Clean Energy Contractor Prevailing |
22 | | Wage Act Assistance. The General Assembly finds that small |
23 | | clean energy businesses, especially those in or serving |
24 | | underserved or historically disinvested communities, need |
25 | | assistance and resources to help them comply with the |
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1 | | Prevailing Wage Act. Therefore, the Department of Labor shall |
2 | | develop and administer a statewide program to assist small |
3 | | clean energy contractors in administering and complying with |
4 | | the Prevailing Wage Act requirements. This Program shall |
5 | | provide training and ongoing technical assistance pertaining |
6 | | to compliance with the Prevailing Wage Act, including |
7 | | certified payroll reporting requirements. Ongoing assistance |
8 | | shall include, but is not limited to, answering contractor |
9 | | questions, recommending tools and process improvements, |
10 | | establishing an account with and utilizing the Certified |
11 | | Transcript of Payroll Portal, building administrative |
12 | | expertise within individual businesses, and any other |
13 | | assistance businesses identify as needed based on verbal or |
14 | | other input. All Program training, technical assistance, |
15 | | materials, services, and systems shall be structured to |
16 | | accommodate and address real-world circumstances encountered |
17 | | by small clean energy contractors; shall be developed, |
18 | | refined, and adjusted as necessary in consultation with such |
19 | | contractors; and shall be administered to serve businesses |
20 | | that operate in languages other than English and do so at a |
21 | | level of service equivalent to that offered to businesses that |
22 | | operate in English. The Department may enter into agreements |
23 | | with entities with experience in supporting small businesses |
24 | | in underserved or historically disinvested communities to |
25 | | implement portions or all of the program, ensuring such |
26 | | capacity is developed in northern, central, and southern |
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1 | | Illinois regions. The Department shall communicate and market |
2 | | program services to small clean energy contractors statewide, |
3 | | and may do so in coordination with the Department of Commerce |
4 | | and Economic Opportunity. |
5 | | Section 90-25. The Energy
Efficient Building Act is |
6 | | amended by changing Sections 10, 15, 20, 30, 40, and 45 and by |
7 | | adding Section 55 as follows: |
8 | | (20 ILCS 3125/10) |
9 | | Sec. 10. Definitions.
|
10 | | "Board" means the Capital Development Board.
|
11 | | "Building" includes both residential buildings and |
12 | | commercial buildings.
|
13 | | "Code" means the latest published edition of the |
14 | | International Code Council's International Energy Conservation |
15 | | Code as adopted by the Board, including any published |
16 | | supplements adopted by the Board and any amendments and |
17 | | adaptations to the Code that are made by the
Board.
|
18 | | "Commercial building" means any building except a building |
19 | | that is a residential building, as defined in this Section. |
20 | | "Department" means the Department of Commerce and Economic |
21 | | Opportunity. |
22 | | "Municipality" means any city, village, or incorporated |
23 | | town.
|
24 | | "Residential building" means (i) a detached one-family or |
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1 | | 2-family dwelling or (ii) any building that is 3 stories or |
2 | | less in height above grade that contains multiple dwelling |
3 | | units, in which the occupants reside on a primarily permanent |
4 | | basis, such as a townhouse, a row house, an apartment house, a |
5 | | convent, a monastery, a rectory, a fraternity or sorority |
6 | | house, a dormitory, and a rooming house; provided, however, |
7 | | that when applied to a building located within the boundaries |
8 | | of a municipality having a population of 1,000,000 or more, |
9 | | the term "residential building" means a building containing |
10 | | one or more dwelling units, not exceeding 4 stories above |
11 | | grade, where occupants are primarily permanent. |
12 | | "Site energy index" means a scalar published by the |
13 | | Pacific Northwest National Laboratories representing the ratio |
14 | | of the site energy performance of an evaluated code compared |
15 | | to the site energy performance of the 2006 International |
16 | | Energy Conservation Code. A "site energy index" includes only |
17 | | conservation measures and excludes net energy credit for any |
18 | | on-site or off-site energy production.
|
19 | | (Source: P.A. 101-144, eff. 7-26-19 .) |
20 | | (20 ILCS 3125/15)
|
21 | | Sec. 15. Energy Efficient Building Code. The Board, in |
22 | | consultation with the Department, shall adopt the Code as |
23 | | minimum
requirements for commercial buildings, applying to the |
24 | | construction of, renovations to, and additions to all |
25 | | commercial buildings in the State. The Board, in consultation |
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1 | | with the Department, shall also adopt the Code as the minimum |
2 | | and maximum requirements for residential buildings, applying |
3 | | to the construction of , renovations to, and additions to all |
4 | | residential buildings in the State, except as provided for in |
5 | | Section 45 of this Act. The Board may
appropriately adapt the |
6 | | International Energy Conservation Code to apply to the
|
7 | | particular economy, population distribution, geography, and |
8 | | climate of the
State and construction therein, consistent with |
9 | | the public policy
objectives of this Act.
|
10 | | (Source: P.A. 96-778, eff. 8-28-09.) |
11 | | (20 ILCS 3125/20)
|
12 | | Sec. 20. Applicability.
|
13 | | (a) The Board shall review and adopt the Code within one |
14 | | year after its publication. The Code shall take effect within |
15 | | 6 months after it is adopted by the Board, except that, |
16 | | beginning January 1, 2012, the Code adopted in 2012 shall take |
17 | | effect on January 1, 2013. Except as otherwise provided in |
18 | | this Act, the Code shall apply
to (i) any new building or |
19 | | structure in this State for which a building permit
|
20 | | application is received by a municipality or county and (ii) |
21 | | beginning on the effective date of this amendatory Act of the |
22 | | 100th General Assembly, each State facility specified in |
23 | | Section 4.01 of the Capital Development Board Act.
In the case |
24 | | of any addition, alteration, renovation, or repair to an |
25 | | existing residential or commercial structure, the Code adopted |
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1 | | under this Act applies only to the portions of that structure |
2 | | that are being added, altered, renovated, or repaired. The |
3 | | changes made to this Section by this amendatory Act of the 97th |
4 | | General Assembly shall in no way invalidate or otherwise |
5 | | affect contracts entered into on or before the effective date |
6 | | of this amendatory Act of the 97th General Assembly.
|
7 | | (b) The following buildings shall be exempt from
the Code:
|
8 | | (1) Buildings otherwise exempt from the provisions of |
9 | | a locally adopted
building code and buildings that do not |
10 | | contain a conditioned space.
|
11 | | (2) Buildings that do not use either electricity or |
12 | | fossil fuel for
comfort
conditioning. For purposes of |
13 | | determining whether this exemption applies, a
building |
14 | | will be presumed to be heated by electricity, even in the |
15 | | absence of
equipment used for electric comfort heating, |
16 | | whenever the building is provided
with electrical service |
17 | | in excess of 100 amps, unless the code enforcement
|
18 | | official determines that this electrical service is |
19 | | necessary for purposes
other than providing electric |
20 | | comfort heating.
|
21 | | (3) Historic buildings. This exemption shall apply to |
22 | | those buildings
that
are listed on the National Register |
23 | | of Historic Places or the Illinois
Register of Historic |
24 | | Places, and to those buildings that have been designated
|
25 | | as historically significant by a local governing body that |
26 | | is authorized to
make such designations.
|
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1 | | (4) (Blank). |
2 | | (5) Other buildings specified as exempt by the |
3 | | International Energy Conservation Code.
|
4 | | (c) Additions, alterations, renovations, or repairs to an |
5 | | existing building, building system, or portion thereof shall |
6 | | conform to the provisions of the Code as they relate to new |
7 | | construction without requiring the unaltered portion of the |
8 | | existing building or building system to comply with the Code. |
9 | | The following need not comply with the Code, provided that the |
10 | | energy use of the building is not increased: (i) storm windows |
11 | | installed over existing fenestration, (ii) glass-only |
12 | | replacements in an existing sash and frame, (iii) existing |
13 | | ceiling, wall, or floor cavities exposed during construction, |
14 | | provided that these cavities are filled with insulation, and |
15 | | (iv) construction where the existing roof, wall, or floor is |
16 | | not exposed. |
17 | | (d) A unit of local government that does not regulate |
18 | | energy efficient building standards is not required to adopt, |
19 | | enforce, or administer the Code; however, any energy efficient |
20 | | building standards adopted by a unit of local government must |
21 | | comply with this Act. If a unit of local government does not |
22 | | regulate energy efficient building standards, any |
23 | | construction, renovation, or addition to buildings or |
24 | | structures is subject to the provisions contained in this Act. |
25 | | (Source: P.A. 100-729, eff. 8-3-18.) |
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1 | | (20 ILCS 3125/30)
|
2 | | Sec. 30. Enforcement. The
Board, in consultation with the |
3 | | Department, shall
determine
procedures for compliance with the |
4 | | Code. These procedures
may include but need not be
limited to |
5 | | certification by a national, State, or local accredited energy
|
6 | | conservation program or inspections from private |
7 | | Code-certified inspectors
using the Code.
For purposes of the |
8 | | Illinois Stretch Energy Code under Section 55, the Board shall |
9 | | allow and encourage, as an alternative compliance mechanism, |
10 | | project certification by a nationally recognized nonprofit |
11 | | certification organization specializing in high-performance |
12 | | passive buildings and offering climate-specific building |
13 | | energy standards that require equal or better energy |
14 | | performance than the Illinois Stretch Energy Code.
|
15 | | (Source: P.A. 93-936, eff. 8-13-04.) |
16 | | (20 ILCS 3125/40)
|
17 | | Sec. 40. Input from interested parties. When
developing |
18 | | Code adaptations, rules, and procedures for
compliance with |
19 | | the Code, the Capital Development Board
shall seek input from |
20 | | representatives from the building
trades, design |
21 | | professionals, construction professionals,
code |
22 | | administrators, and other interested entities affected.
Any |
23 | | board or group that the Capital Development Board seeks input |
24 | | from must include the following: |
25 | | (i) a representative from a group that represents |
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1 | | environmental justice; |
2 | | (ii) a representative of a nonprofit or professional |
3 | | association advocating for the
environment; |
4 | | (iii) an energy-efficiency advocate with technical |
5 | | expertise in single-family residential buildings; |
6 | | (iv) an energy-efficiency advocate with technical |
7 | | expertise in commercial buildings; and |
8 | | (v) an energy-efficiency advocate with technical expertise |
9 | | in multifamily buildings, such as an affordable housing |
10 | | developer.
|
11 | | (Source: P.A. 99-639, eff. 7-28-16.) |
12 | | (20 ILCS 3125/45)
|
13 | | Sec. 45. Home rule. |
14 | | (a)
(Blank). No unit of local government, including any |
15 | | home rule unit, may regulate energy efficient building |
16 | | standards for commercial buildings in a manner that is less |
17 | | stringent than the provisions contained in this Act.
|
18 | | (b) No unit of local government, including any home rule |
19 | | unit, may regulate energy efficient building standards for |
20 | | residential buildings in a manner that is either less or more |
21 | | stringent than the standards established pursuant to this Act; |
22 | | provided, however, that the following entities may regulate |
23 | | energy efficient building standards for residential or |
24 | | commercial buildings in a manner that is more stringent than |
25 | | the provisions contained in this Act: (i) a unit of local |
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1 | | government, including a home rule unit, that has, on or before |
2 | | May 15, 2009, adopted or incorporated by reference energy |
3 | | efficient building standards for residential or commercial |
4 | | buildings that are equivalent to or more stringent than the |
5 | | 2006 International Energy Conservation Code, (ii) a unit of |
6 | | local government, including a home rule unit, that has, on or |
7 | | before May 15, 2009, provided to the Capital Development |
8 | | Board, as required by Section 10.18 of the Capital Development |
9 | | Board Act, an identification of an energy efficient building |
10 | | code or amendment that is equivalent to or more stringent than |
11 | | the 2006 International Energy Conservation Code, (ii-5) a |
12 | | municipality that has adopted the Illinois Stretch Energy |
13 | | Code, and (iii) a municipality with a population of 1,000,000 |
14 | | or more. |
15 | | (c) No unit of local government, including any home rule |
16 | | unit or unit of local government that is subject to State |
17 | | regulation under the Code as provided in Section 15 of this |
18 | | Act, may hereafter enact any annexation ordinance or |
19 | | resolution, or require or enter into any annexation agreement, |
20 | | that imposes energy efficient building standards for |
21 | | residential or commercial buildings that are either less or |
22 | | more stringent than the energy efficiency standards in effect, |
23 | | at the time of construction, throughout the unit of local |
24 | | government , except for the Illinois Stretch Energy Code . |
25 | | (d) This Section is a denial
and limitation
of home rule |
26 | | powers and functions under subsection (i) of Section 6
of |
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1 | | Article VII of the Illinois Constitution on the concurrent |
2 | | exercise by home rule units of powers and functions exercised |
3 | | by the State.
Nothing in this Section, however, prevents a |
4 | | unit of local government from adopting an energy efficiency |
5 | | code or standards for commercial buildings that are more |
6 | | stringent than the Code under this Act.
|
7 | | (e) A unit of local government requiring the Illinois |
8 | | Stretch Energy Code must do so with the adoption of the Code by |
9 | | its governing body. |
10 | | (Source: P.A. 99-639, eff. 7-28-16.) |
11 | | (20 ILCS 3125/55 new) |
12 | | Sec. 55. Illinois Stretch Energy Code. |
13 | | (a) The Board, in consultation with the Department, shall |
14 | | create and adopt the Illinois Stretch Energy Code, to allow |
15 | | municipalities and projects authorized or funded by the Board |
16 | | to achieve more energy efficiency in buildings than the |
17 | | Illinois Energy Conservation Code through a consistent pathway |
18 | | across the State. The Illinois Stretch Energy Code shall be |
19 | | available for adoption by any municipality and shall set
|
20 | | minimum energy efficiency requirements, taking the place of |
21 | | the Illinois Energy Conservation Code within any municipality |
22 | | that adopts the Illinois Stretch Energy Code. |
23 | | (b) The Illinois Stretch Energy Code shall have separate |
24 | | components for commercial and residential buildings, which may |
25 | | be adopted by the municipality jointly or separately. |
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1 | | (c) The Illinois Stretch Energy Code shall apply to all |
2 | | projects to which an energy conservation code is applicable |
3 | | that are authorized or funded in any part by the Board after |
4 | | January 1, 2024. |
5 | | (d) Development of the Illinois Stretch Energy Code shall |
6 | | be completed and available for adoption by municipalities by |
7 | | December 31, 2023. |
8 | | (e) Consistent with the requirements under paragraph (2.5) |
9 | | of subsection (g) of Section 8-103B of the Public Utilities |
10 | | Act and under paragraph (2) of subsection (j) of Section 8-104 |
11 | | of the Public Utilities Act, municipalities may adopt the |
12 | | Illinois Stretch Energy Code and may use utility programs to |
13 | | support compliance with the Illinois Stretch Energy Code. The |
14 | | amount of savings from such utility efforts that may be |
15 | | counted toward achievement of their annual savings goals shall |
16 | | be based on reasonable estimates of the increase in savings |
17 | | resulting from the utility efforts, relative to reasonable |
18 | | approximations of what would have occurred absent the utility |
19 | | involvement. |
20 | | (f) The Illinois Stretch Energy Code's residential |
21 | | components shall: |
22 | | (1) apply to residential buildings as defined under |
23 | | Section 10; |
24 | | (2) set performance targets using a site energy index |
25 | | with reductions relative to the 2006 International Energy |
26 | | Conservation Code; and |
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1 | | (3) include stretch energy codes with site energy |
2 | | index standards and adoption dates as follows: by no later |
3 | | than December 31, 2023, the Board shall create and adopt a |
4 | | stretch energy code with a site energy index no greater |
5 | | than 0.50 of the 2006 International Energy Conservation |
6 | | Code; by no later than December 31, 2025, the Board shall |
7 | | create and adopt a stretch energy code with a site energy |
8 | | index no greater than 0.40 of the 2006 International |
9 | | Energy Conservation Code, unless the Board identifies |
10 | | unanticipated burdens associated with the stretch energy |
11 | | code adopted in 2023, in which case the Board may adopt a |
12 | | stretch energy code with a site energy index no greater |
13 | | than 0.42 of the 2006 International Energy Conservation |
14 | | Code, provided that the more relaxed standard has a site |
15 | | energy index that is at least 0.05 more restrictive than |
16 | | the 2024 International Energy Conservation Code; by no |
17 | | later than December 31, 2028, the Board shall create and |
18 | | adopt a stretch energy code with a site energy index no |
19 | | greater than 0.33 of the 2006 International Energy |
20 | | Conservation Code, unless the Board identifies |
21 | | unanticipated burdens associated with the stretch energy |
22 | | code adopted in 2025, in which case the Board may adopt a |
23 | | stretch energy code with a site energy index no greater |
24 | | than 0.35 of the 2006 International Energy Conservation |
25 | | Code, but only if that more relaxed standard has a site |
26 | | energy index that is at least 0.05 more restrictive than |
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1 | | the 2027 International Energy Conservation Code; and by no |
2 | | later than December 31, 2031, the Board shall create and |
3 | | adopt a stretch energy code with a site energy index no |
4 | | greater than 0.25 of the 2006 International Energy |
5 | | Conservation Code. |
6 | | (g) The Illinois Stretch Energy Code's commercial |
7 | | components shall: |
8 | | (1) apply to commercial buildings as defined under |
9 | | Section 10; |
10 | | (2) set performance targets using a site energy index |
11 | | with reductions relative to the 2006 International Energy |
12 | | Conservation Code; and |
13 | | (3) include stretch energy codes with site energy |
14 | | index standards and adoption dates as follows: by no later |
15 | | than December 31, 2023, the Board shall create and adopt a |
16 | | stretch energy code with a site energy index no greater |
17 | | than 0.60 of the 2006 International Energy Conservation |
18 | | Code; by no later than December 31, 2025, the Board shall |
19 | | create and adopt a stretch energy code with a site energy |
20 | | index no greater than 0.50 of the 2006 International |
21 | | Energy Conservation Code; by no later than December 31, |
22 | | 2028, the Board shall create and adopt a stretch energy |
23 | | code with a site energy index no greater than 0.44 of the |
24 | | 2006 International Energy Conservation Code; and by no |
25 | | later than December 31, 2031, the Board shall create and |
26 | | adopt a stretch energy code with a site energy index no |
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1 | | greater than 0.39 of the 2006 International Energy |
2 | | Conservation Code. |
3 | | (h) The process for the creation of the Illinois Stretch |
4 | | Energy Code includes: |
5 | | (1) within 60 days after the effective date of this |
6 | | amendatory Act of the 102nd General Assembly, the Capital |
7 | | Development Board shall meet with the Illinois Energy Code |
8 | | Advisory Council to advise and provide technical |
9 | | assistance and recommendations to the Capital Development |
10 | | Board for the Illinois Stretch Energy Code, which shall: |
11 | | (A) advise the Capital Development Board on |
12 | | creation of interim performance targets, code |
13 | | requirements, and an implementation plan for the |
14 | | Illinois Stretch Energy Code; |
15 | | (B) recommend amendments to proposed rules issued |
16 | | by the Capital Development Board; |
17 | | (C) recommend complementary programs or policies; |
18 | | (D) complete recommendations and development for |
19 | | the Illinois Stretch Energy Code elements and |
20 | | requirements by July 31, 2023; |
21 | | (2) As part of its deliberations, the Illinois Energy |
22 | | Code Advisory Council shall actively solicit input from |
23 | | other energy code stakeholders and interested parties. |
24 | | Section 90-30. The Illinois Power Agency Act is amended by |
25 | | changing Sections 1-5, 1-10, 1-20, 1-35, 1-56, 1-70, 1-75, |
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1 | | 1-92, and 1-125 and by adding Section 1-128 as follows: |
2 | | (20 ILCS 3855/1-5) |
3 | | Sec. 1-5. Legislative declarations and findings. The |
4 | | General Assembly finds and declares: |
5 | | (1) The health, welfare, and prosperity of all |
6 | | Illinois residents citizens require the provision of |
7 | | adequate, reliable, affordable, efficient, and |
8 | | environmentally sustainable electric service at the lowest |
9 | | total cost over time, taking into account any benefits of |
10 | | price stability. |
11 | | (1.5) To provide the highest quality of life for the |
12 | | residents of Illinois and to provide for a clean and |
13 | | healthy environment, it is the policy of this State to |
14 | | rapidly transition to 100% clean energy by 2050. |
15 | | (2) (Blank). |
16 | | (3) (Blank). |
17 | | (4) It is necessary to improve the process of |
18 | | procuring electricity to serve Illinois residents, to |
19 | | promote investment in energy efficiency and |
20 | | demand-response measures, and to maintain and support |
21 | | development of clean coal technologies, generation |
22 | | resources that operate at all hours of the day and under |
23 | | all weather conditions, zero emission facilities, and |
24 | | renewable resources. |
25 | | (5) Procuring a diverse electricity supply portfolio |
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1 | | will ensure the lowest total cost over time for adequate, |
2 | | reliable, efficient, and environmentally sustainable |
3 | | electric service. |
4 | | (6) Including renewable resources and zero emission |
5 | | credits from zero emission facilities in that portfolio |
6 | | will reduce long-term direct and indirect costs to |
7 | | consumers by decreasing environmental impacts and by |
8 | | avoiding or delaying the need for new generation, |
9 | | transmission, and distribution infrastructure. Developing |
10 | | new renewable energy resources in Illinois, including |
11 | | brownfield solar projects and community solar projects, |
12 | | will help to diversify Illinois electricity supply, avoid |
13 | | and reduce pollution, reduce peak demand, and enhance |
14 | | public health and well-being of Illinois residents. |
15 | | (7) Developing community solar projects in Illinois |
16 | | will help to expand access to renewable energy resources |
17 | | to more Illinois residents. |
18 | | (8) Developing brownfield solar projects in Illinois |
19 | | will help return blighted or contaminated land to |
20 | | productive use while enhancing public health and the |
21 | | well-being of Illinois residents , including those in |
22 | | environmental justice communities . |
23 | | (9) Energy efficiency, demand-response measures, zero |
24 | | emission energy, and renewable energy are resources |
25 | | currently underused in Illinois. These resources should be |
26 | | used, when cost effective, to reduce costs to consumers, |
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1 | | improve reliability, and improve environmental quality and |
2 | | public health. |
3 | | (10) The State should encourage the use of advanced |
4 | | clean coal technologies that capture and sequester carbon |
5 | | dioxide emissions to advance environmental protection |
6 | | goals and to demonstrate the viability of coal and |
7 | | coal-derived fuels in a carbon-constrained economy. |
8 | | (10.5) The State should encourage the development of |
9 | | interregional high voltage direct current (HVDC) |
10 | | transmission lines that benefit Illinois. All ratepayers |
11 | | in the State served by the regional transmission |
12 | | organization where the HVDC converter station is |
13 | | interconnected benefit from the long-term price stability |
14 | | and market access provided by interregional HVDC |
15 | | transmission facilities. The benefits to Illinois include: |
16 | | reduction in wholesale power prices; access to lower-cost |
17 | | markets; enabling the integration of additional renewable |
18 | | generating units within the State through near |
19 | | instantaneous dispatchability and the provision of |
20 | | ancillary services; creating good-paying union jobs in |
21 | | Illinois; and, enhancing grid reliability and climate |
22 | | resilience via HVDC facilities that are installed |
23 | | underground. |
24 | | (10.6) The health, welfare, and safety of the people |
25 | | of the State are advanced by developing new HVDC |
26 | | transmission lines predominantly along transportation |
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1 | | rights-of-way, with an HVDC converter station that is |
2 | | located in the service territory of a public utility as |
3 | | defined in Section 3-105 of the Public Utilities Act |
4 | | serving more than 3,000,000 retail customers, and with a |
5 | | project labor agreement as defined in Section 1-10 of this |
6 | | Act. |
7 | | (11) The General Assembly enacted Public Act 96-0795 |
8 | | to reform the State's purchasing processes, recognizing |
9 | | that government procurement is susceptible to abuse if |
10 | | structural and procedural safeguards are not in place to |
11 | | ensure independence, insulation, oversight, and |
12 | | transparency. |
13 | | (12) The principles that underlie the procurement |
14 | | reform legislation apply also in the context of power |
15 | | purchasing. |
16 | | (13) To ensure that the benefits of installing |
17 | | renewable resources are available to all Illinois |
18 | | residents and located across the State, subject to |
19 | | appropriation, it is necessary for the Agency to provide |
20 | | public information and educational resources on how |
21 | | residents can benefit from the expansion of renewable |
22 | | energy in Illinois and participate in the Illinois Solar |
23 | | for All Program established in Section 1-56, the |
24 | | Adjustable Block program established in Section 1-75, the |
25 | | job training programs established by paragraph (1) of |
26 | | subsection (a) of Section 16-108.12 of the Public |
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1 | | Utilities Act, and the programs and resources established |
2 | | by the Energy Transition Act. |
3 | | The General Assembly therefore finds that it is necessary |
4 | | to create the Illinois Power Agency and that the goals and |
5 | | objectives of that Agency are to accomplish each of the |
6 | | following: |
7 | | (A) Develop electricity procurement plans to ensure |
8 | | adequate, reliable, affordable, efficient, and |
9 | | environmentally sustainable electric service at the lowest |
10 | | total cost over time, taking into account any benefits of |
11 | | price stability, for electric utilities that on December |
12 | | 31, 2005 provided electric service to at least 100,000 |
13 | | customers in Illinois and for small multi-jurisdictional |
14 | | electric utilities that (i) on December 31, 2005 served |
15 | | less than 100,000 customers in Illinois and (ii) request a |
16 | | procurement plan for their Illinois jurisdictional load. |
17 | | The procurement plan shall be updated on an annual basis |
18 | | and shall include renewable energy resources and, |
19 | | beginning with the delivery year commencing June 1, 2017, |
20 | | zero emission credits from zero emission facilities |
21 | | sufficient to achieve the standards specified in this Act. |
22 | | (B) Conduct the competitive procurement processes |
23 | | identified in this Act. |
24 | | (C) Develop electric generation and co-generation |
25 | | facilities that use indigenous coal or renewable |
26 | | resources, or both, financed with bonds issued by the |
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1 | | Illinois Finance Authority. |
2 | | (D) Supply electricity from the Agency's facilities at |
3 | | cost to one or more of the following: municipal electric |
4 | | systems, governmental aggregators, or rural electric |
5 | | cooperatives in Illinois.
|
6 | | (E) Ensure that the process of power procurement is |
7 | | conducted in an ethical and transparent fashion, immune |
8 | | from improper influence. |
9 | | (F) Continue to review its policies and practices to |
10 | | determine how best to meet its mission of providing the |
11 | | lowest cost power to the greatest number of people, at any |
12 | | given point in time, in accordance with applicable law. |
13 | | (G) Operate in a structurally insulated, independent, |
14 | | and transparent fashion so that nothing impedes the |
15 | | Agency's mission to secure power at the best prices the |
16 | | market will bear, provided that the Agency meets all |
17 | | applicable legal requirements. |
18 | | (H) Implement renewable energy procurement and |
19 | | training programs throughout the State to diversify |
20 | | Illinois electricity supply, improve reliability, avoid |
21 | | and reduce pollution, reduce peak demand, and enhance |
22 | | public health and well-being of Illinois residents, |
23 | | including low-income residents. |
24 | | (Source: P.A. 99-906, eff. 6-1-17 .)
|
25 | | (20 ILCS 3855/1-10)
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1 | | Sec. 1-10. Definitions. |
2 | | "Agency" means the Illinois Power Agency. |
3 | | "Agency loan agreement" means any agreement pursuant to |
4 | | which the Illinois Finance Authority agrees to loan the |
5 | | proceeds of revenue bonds issued with respect to a project to |
6 | | the Agency upon terms providing for loan repayment |
7 | | installments at least sufficient to pay when due all principal |
8 | | of, interest and premium, if any, on those revenue bonds, and |
9 | | providing for maintenance, insurance, and other matters in |
10 | | respect of the project. |
11 | | "Authority" means the Illinois Finance Authority. |
12 | | "Brownfield site photovoltaic project" means photovoltaics |
13 | | that are either : |
14 | | (1) interconnected to an electric utility as defined |
15 | | in this Section, a municipal utility as defined in this |
16 | | Section, a public utility as defined in Section 3-105 of |
17 | | the Public Utilities Act, or an electric cooperative , as |
18 | | defined in Section 3-119 of the Public Utilities Act ; and |
19 | | (2) located at a site that is regulated by any of the |
20 | | following entities under the following programs: |
21 | | (A) the United States Environmental Protection |
22 | | Agency under the federal Comprehensive Environmental |
23 | | Response, Compensation, and Liability Act of 1980, as |
24 | | amended; |
25 | | (B) the United States Environmental Protection |
26 | | Agency under the Corrective Action Program of the |
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1 | | federal Resource Conservation and Recovery Act, as |
2 | | amended; |
3 | | (C) the Illinois Environmental Protection Agency |
4 | | under the Illinois Site Remediation Program; or |
5 | | (D) the Illinois Environmental Protection Agency |
6 | | under the Illinois Solid Waste Program ; or . |
7 | | (2) located at the site of a coal mine that has
|
8 | | permanently ceased coal production, permanently halted any |
9 | | re-mining operations, and is no longer accepting any coal |
10 | | combustion residues; has both completed all clean-up and |
11 | | remediation obligations under
the federal Surface Mining |
12 | | and Reclamation Act of 1977 and all applicable Illinois |
13 | | rules and any other clean-up, remediation, or ongoing |
14 | | monitoring to safeguard the health and well-being of the |
15 | | people of the State of Illinois, as well as demonstrated |
16 | | compliance with all applicable federal and State |
17 | | environmental rules and regulations, including, but not |
18 | | limited, to 35 Ill. Adm. Code Part 845 and any rules for |
19 | | historic fill of coal combustion residuals, including any |
20 | | rules finalized in Subdocket A of Illinois Pollution |
21 | | Control Board docket R2020-019. |
22 | | "Clean coal facility" means an electric generating |
23 | | facility that uses primarily coal as a feedstock and that |
24 | | captures and sequesters carbon dioxide emissions at the |
25 | | following levels: at least 50% of the total carbon dioxide |
26 | | emissions that the facility would otherwise emit if, at the |
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1 | | time construction commences, the facility is scheduled to |
2 | | commence operation before 2016, at least 70% of the total |
3 | | carbon dioxide emissions that the facility would otherwise |
4 | | emit if, at the time construction commences, the facility is |
5 | | scheduled to commence operation during 2016 or 2017, and at |
6 | | least 90% of the total carbon dioxide emissions that the |
7 | | facility would otherwise emit if, at the time construction |
8 | | commences, the facility is scheduled to commence operation |
9 | | after 2017. The power block of the clean coal facility shall |
10 | | not exceed allowable emission rates for sulfur dioxide, |
11 | | nitrogen oxides, carbon monoxide, particulates and mercury for |
12 | | a natural gas-fired combined-cycle facility the same size as |
13 | | and in the same location as the clean coal facility at the time |
14 | | the clean coal facility obtains an approved air permit. All |
15 | | coal used by a clean coal facility shall have high volatile |
16 | | bituminous rank and greater than 1.7 pounds of sulfur per |
17 | | million btu content, unless the clean coal facility does not |
18 | | use gasification technology and was operating as a |
19 | | conventional coal-fired electric generating facility on June |
20 | | 1, 2009 (the effective date of Public Act 95-1027). |
21 | | "Clean coal SNG brownfield facility" means a facility that |
22 | | (1) has commenced construction by July 1, 2015 on an urban |
23 | | brownfield site in a municipality with at least 1,000,000 |
24 | | residents; (2) uses a gasification process to produce |
25 | | substitute natural gas; (3) uses coal as at least 50% of the |
26 | | total feedstock over the term of any sourcing agreement with a |
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1 | | utility and the remainder of the feedstock may be either |
2 | | petroleum coke or coal, with all such coal having a high |
3 | | bituminous rank and greater than 1.7 pounds of sulfur per |
4 | | million Btu content unless the facility reasonably determines
|
5 | | that it is necessary to use additional petroleum coke to
|
6 | | deliver additional consumer savings, in which case the
|
7 | | facility shall use coal for at least 35% of the total
feedstock |
8 | | over the term of any sourcing agreement; and (4) captures and |
9 | | sequesters at least 85% of the total carbon dioxide emissions |
10 | | that the facility would otherwise emit. |
11 | | "Clean coal SNG facility" means a facility that uses a |
12 | | gasification process to produce substitute natural gas, that |
13 | | sequesters at least 90% of the total carbon dioxide emissions |
14 | | that the facility would otherwise emit, that uses at least 90% |
15 | | coal as a feedstock, with all such coal having a high |
16 | | bituminous rank and greater than 1.7 pounds of sulfur per |
17 | | million btu content, and that has a valid and effective permit |
18 | | to construct emission sources and air pollution control |
19 | | equipment and approval with respect to the federal regulations |
20 | | for Prevention of Significant Deterioration of Air Quality |
21 | | (PSD) for the plant pursuant to the federal Clean Air Act; |
22 | | provided, however, a clean coal SNG brownfield facility shall |
23 | | not be a clean coal SNG facility. |
24 | | "Clean energy" means energy generation that is 90% or |
25 | | greater free of carbon dioxide emissions. |
26 | | "Commission" means the Illinois Commerce Commission. |
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1 | | "Community renewable generation project" means an electric |
2 | | generating facility that: |
3 | | (1) is powered by wind, solar thermal energy, |
4 | | photovoltaic cells or panels, biodiesel, crops and |
5 | | untreated and unadulterated organic waste biomass, tree |
6 | | waste, and hydropower that does not involve new |
7 | | construction or significant expansion of hydropower dams; |
8 | | (2) is interconnected at the distribution system level |
9 | | of an electric utility as defined in this Section, a |
10 | | municipal utility as defined in this Section that owns or |
11 | | operates electric distribution facilities, a public |
12 | | utility as defined in Section 3-105 of the Public |
13 | | Utilities Act, or an electric cooperative, as defined in |
14 | | Section 3-119 of the Public Utilities Act; |
15 | | (3) credits the value of electricity generated by the |
16 | | facility to the subscribers of the facility; and |
17 | | (4) is limited in nameplate capacity to less than or |
18 | | equal to 5,000 2,000 kilowatts. |
19 | | "Costs incurred in connection with the development and |
20 | | construction of a facility" means: |
21 | | (1) the cost of acquisition of all real property, |
22 | | fixtures, and improvements in connection therewith and |
23 | | equipment, personal property, and other property, rights, |
24 | | and easements acquired that are deemed necessary for the |
25 | | operation and maintenance of the facility; |
26 | | (2) financing costs with respect to bonds, notes, and |
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1 | | other evidences of indebtedness of the Agency; |
2 | | (3) all origination, commitment, utilization, |
3 | | facility, placement, underwriting, syndication, credit |
4 | | enhancement, and rating agency fees; |
5 | | (4) engineering, design, procurement, consulting, |
6 | | legal, accounting, title insurance, survey, appraisal, |
7 | | escrow, trustee, collateral agency, interest rate hedging, |
8 | | interest rate swap, capitalized interest, contingency, as |
9 | | required by lenders, and other financing costs, and other |
10 | | expenses for professional services; and |
11 | | (5) the costs of plans, specifications, site study and |
12 | | investigation, installation, surveys, other Agency costs |
13 | | and estimates of costs, and other expenses necessary or |
14 | | incidental to determining the feasibility of any project, |
15 | | together with such other expenses as may be necessary or |
16 | | incidental to the financing, insuring, acquisition, and |
17 | | construction of a specific project and starting up, |
18 | | commissioning, and placing that project in operation. |
19 | | "Delivery services" has the same definition as found in |
20 | | Section 16-102 of the Public Utilities Act. |
21 | | "Delivery year" means the consecutive 12-month period |
22 | | beginning June 1 of a given year and ending May 31 of the |
23 | | following year. |
24 | | "Department" means the Department of Commerce and Economic |
25 | | Opportunity. |
26 | | "Director" means the Director of the Illinois Power |
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1 | | Agency. |
2 | | "Demand-response" means measures that decrease peak |
3 | | electricity demand or shift demand from peak to off-peak |
4 | | periods. |
5 | | "Distributed renewable energy generation device" means a |
6 | | device that is: |
7 | | (1) powered by wind, solar thermal energy, |
8 | | photovoltaic cells or panels, biodiesel, crops and |
9 | | untreated and unadulterated organic waste biomass, tree |
10 | | waste, and hydropower that does not involve new |
11 | | construction or significant expansion of hydropower dams , |
12 | | waste heat to power systems, or qualified combined heat |
13 | | and power systems ; |
14 | | (2) interconnected at the distribution system level of |
15 | | either an electric utility as defined in this Section, a |
16 | | municipal utility as defined in this Section that owns or |
17 | | operates electric distribution facilities, or a rural |
18 | | electric cooperative as defined in Section 3-119 of the |
19 | | Public Utilities Act; |
20 | | (3) located on the customer side of the customer's |
21 | | electric meter and is primarily used to offset that |
22 | | customer's electricity load; and |
23 | | (4) (blank). limited in nameplate capacity to less |
24 | | than or equal to 2,000 kilowatts. |
25 | | "Energy efficiency" means measures that reduce the amount |
26 | | of electricity or natural gas consumed in order to achieve a |
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1 | | given end use. "Energy efficiency" includes voltage |
2 | | optimization measures that optimize the voltage at points on |
3 | | the electric distribution voltage system and thereby reduce |
4 | | electricity consumption by electric customers' end use |
5 | | devices. "Energy efficiency" also includes measures that |
6 | | reduce the total Btus of electricity, natural gas, and other |
7 | | fuels needed to meet the end use or uses. |
8 | | "Electric utility" has the same definition as found in |
9 | | Section 16-102 of the Public Utilities Act. |
10 | | "Equity investment eligible community" or "eligible |
11 | | community" are synonymous and mean the geographic areas |
12 | | throughout Illinois which would most benefit from equitable |
13 | | investments by the State designed to combat discrimination. |
14 | | Specifically, the eligible communities shall be defined as the |
15 | | following areas: |
16 | | (1) R3 Areas as established pursuant to Section 10-40 |
17 | | of the Cannabis Regulation and Tax Act, where residents |
18 | | have historically been excluded from economic |
19 | | opportunities, including opportunities in the energy |
20 | | sector; and |
21 | | (2) Environmental justice communities, as defined by |
22 | | the Illinois Power Agency pursuant to the Illinois Power |
23 | | Agency Act, where residents have historically been subject |
24 | | to disproportionate burdens of pollution, including |
25 | | pollution from the energy sector. |
26 | | "Equity eligible persons" or "eligible persons" means |
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1 | | persons who would most benefit from equitable investments by |
2 | | the State designed to combat discrimination, specifically: |
3 | | (1) persons who graduate from or are current or former |
4 | | participants in the Clean Jobs Workforce Network Program, |
5 | | the Clean Energy Contractor Incubator Program, the |
6 | | Illinois Climate Works Preapprenticeship Program, |
7 | | Returning Residents Clean Jobs Training Program, or the |
8 | | Clean Energy Primes Contractor Accelerator Program, and |
9 | | the solar training pipeline and multi-cultural jobs |
10 | | program created in paragraphs (a)(1) and (a)(3) of Section |
11 | | 16-108.21 of the Public Utilities Act; |
12 | | (2) persons who are graduates of or currently enrolled |
13 | | in the foster care system; |
14 | | (3) persons who were formerly incarcerated; |
15 | | (4) persons whose primary residence is in an equity |
16 | | investment eligible community. |
17 | | "Equity eligible contractor" means a business that is |
18 | | majority-owned by eligible persons, or a nonprofit or |
19 | | cooperative that is majority-governed by eligible persons, or |
20 | | is a natural person that is an eligible person offering |
21 | | personal services as an independent contractor. |
22 | | "Facility" means an electric generating unit or a |
23 | | co-generating unit that produces electricity along with |
24 | | related equipment necessary to connect the facility to an |
25 | | electric transmission or distribution system. |
26 | | "General Contractor" means the entity or organization with |
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1 | | main responsibility for the building of a construction project |
2 | | and who is the party signing the prime construction contract |
3 | | for the project. |
4 | | "Governmental aggregator" means one or more units of local |
5 | | government that individually or collectively procure |
6 | | electricity to serve residential retail electrical loads |
7 | | located within its or their jurisdiction. |
8 | | "High voltage direct current converter station" means the |
9 | | collection of equipment that converts direct current energy |
10 | | from a high voltage direct current transmission line into |
11 | | alternating current using Voltage Source Conversion technology |
12 | | and that is interconnected with transmission or distribution |
13 | | assets located in Illinois. |
14 | | "High voltage direct current renewable energy credit" |
15 | | means a renewable energy credit associated with a renewable |
16 | | energy resource where the renewable energy resource has |
17 | | entered into a contract to transmit the energy associated with |
18 | | such renewable energy credit over high voltage direct current |
19 | | transmission facilities. |
20 | | "High voltage direct current transmission facilities" |
21 | | means the collection of installed equipment that converts |
22 | | alternating current energy in one location to direct current |
23 | | and transmits that direct current energy to a high voltage |
24 | | direct current converter station using Voltage Source |
25 | | Conversion technology. "High voltage direct current |
26 | | transmission facilities" includes the high voltage direct |
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1 | | current converter station itself and associated high voltage |
2 | | direct current transmission lines. Notwithstanding the |
3 | | preceding, after the effective date of this amendatory Act of |
4 | | the 102nd General Assembly, an otherwise qualifying collection |
5 | | of equipment does not qualify as high voltage direct current |
6 | | transmission facilities unless its developer entered into a |
7 | | project labor agreement, is capable of transmitting |
8 | | electricity at 525kv with an Illinois converter station |
9 | | located and interconnected in the region of the PJM |
10 | | Interconnection, LLC, and the system does not operate as a |
11 | | public utility, as that term is defined in Section 3-105 of the |
12 | | Public Utilities Act. |
13 | | "Index price" means the real-time energy settlement price |
14 | | at the applicable Illinois trading hub, such as PJM-NIHUB or |
15 | | MISO-IL, for a given settlement period. |
16 | | "Indexed renewable energy credit" means a tradable credit |
17 | | that represents the environmental attributes of one megawatt |
18 | | hour of energy produced from a renewable energy resource, the |
19 | | price of which shall be calculated by subtracting the strike |
20 | | price offered by a new utility-scale wind project or a new |
21 | | utility-scale photovoltaic project from the index price in a |
22 | | given settlement period. |
23 | | "Indexed renewable energy credit counterparty" has the |
24 | | same meaning as "public utility" as defined in Section 3-105 |
25 | | of the Public Utilities Act. |
26 | | "Local government" means a unit of local government as |
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1 | | defined in Section 1 of Article VII of the Illinois |
2 | | Constitution. |
3 | | "Municipality" means a city, village, or incorporated |
4 | | town. |
5 | | "Municipal utility" means a public utility owned and |
6 | | operated by any subdivision or municipal corporation of this |
7 | | State. |
8 | | "Nameplate capacity" means the aggregate inverter |
9 | | nameplate capacity in kilowatts AC. |
10 | | "Person" means any natural person, firm, partnership, |
11 | | corporation, either domestic or foreign, company, association, |
12 | | limited liability company, joint stock company, or association |
13 | | and includes any trustee, receiver, assignee, or personal |
14 | | representative thereof. |
15 | | "Project" means the planning, bidding, and construction of |
16 | | a facility. |
17 | | "Project labor agreement" means a pre-hire collective |
18 | | bargaining agreement that covers all terms and conditions of |
19 | | employment on a specific construction project and must include |
20 | | the following: |
21 | | (1) provisions establishing the minimum hourly wage |
22 | | for each class of labor organization employee; |
23 | | (2) provisions establishing the benefits and other |
24 | | compensation for each class of labor organization |
25 | | employee; |
26 | | (3) provisions establishing that no strike or disputes |
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1 | | will be engaged in by the labor organization employees; |
2 | | (4) provisions establishing that no lockout or |
3 | | disputes will be engaged in by the general contractor |
4 | | building the project; and |
5 | | (5) provisions for minorities and women, as defined |
6 | | under the Business Enterprise for Minorities, Women, and |
7 | | Persons with Disabilities Act, setting forth goals for |
8 | | apprenticeship hours to be performed by minorities and |
9 | | women and setting forth goals for total hours to be |
10 | | performed by underrepresented minorities and women. |
11 | | A labor organization and the general contractor building |
12 | | the project shall have the authority to include other terms |
13 | | and conditions as they deem necessary. |
14 | | "Public utility" has the same definition as found in |
15 | | Section 3-105 of the Public Utilities Act. |
16 | | "Qualified combined heat and power systems" means systems |
17 | | that, either simultaneously or sequentially, produce |
18 | | electricity and useful thermal energy from a single fuel |
19 | | source. Such systems are eligible for "renewable energy |
20 | | credits" in an amount equal to its total energy output where a |
21 | | renewable fuel is consumed or in an amount equal to the net |
22 | | reduction in nonrenewable fuel consumed on a total energy |
23 | | output basis. |
24 | | "Real property" means any interest in land together with |
25 | | all structures, fixtures, and improvements thereon, including |
26 | | lands under water and riparian rights, any easements, |
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1 | | covenants, licenses, leases, rights-of-way, uses, and other |
2 | | interests, together with any liens, judgments, mortgages, or |
3 | | other claims or security interests related to real property. |
4 | | "Renewable energy credit" means a tradable credit that |
5 | | represents the environmental attributes of one megawatt hour |
6 | | of energy produced from a renewable energy resource. |
7 | | "Renewable energy resources" includes energy and its |
8 | | associated renewable energy credit or renewable energy credits |
9 | | from wind, solar thermal energy, photovoltaic cells and |
10 | | panels, biodiesel, anaerobic digestion, crops and untreated |
11 | | and unadulterated organic waste biomass, tree waste, and |
12 | | hydropower that does not involve new construction or |
13 | | significant expansion of hydropower dams , waste heat to power |
14 | | systems, or qualified combined heat and power systems . For |
15 | | purposes of this Act, landfill gas produced in the State is |
16 | | considered a renewable energy resource. "Renewable energy |
17 | | resources" does not include the incineration or burning of |
18 | | tires, garbage, general household, institutional, and |
19 | | commercial waste, industrial lunchroom or office waste, |
20 | | landscape waste other than tree waste , railroad crossties, |
21 | | utility poles, or construction or demolition debris, other |
22 | | than untreated and unadulterated waste wood. "Renewable energy |
23 | | resources" also includes high voltage direct current renewable |
24 | | energy credits and the associated energy converted to |
25 | | alternating current by a high voltage direct current converter |
26 | | station to the extent that: (1) the generator of such |
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1 | | renewable energy resource contracted with a third party to |
2 | | transmit the energy over the high voltage direct current |
3 | | transmission facilities, and (2) the third-party contracting |
4 | | for delivery of renewable energy resources over the high |
5 | | voltage direct current transmission facilities have ownership |
6 | | rights over the unretired associated high voltage direct |
7 | | current renewable energy credit. |
8 | | "Retail customer" has the same definition as found in |
9 | | Section 16-102 of the Public Utilities Act. |
10 | | "Revenue bond" means any bond, note, or other evidence of |
11 | | indebtedness issued by the Authority, the principal and |
12 | | interest of which is payable solely from revenues or income |
13 | | derived from any project or activity of the Agency. |
14 | | "Sequester" means permanent storage of carbon dioxide by |
15 | | injecting it into a saline aquifer, a depleted gas reservoir, |
16 | | or an oil reservoir, directly or through an enhanced oil |
17 | | recovery process that may involve intermediate storage, |
18 | | regardless of whether these activities are conducted by a |
19 | | clean coal facility, a clean coal SNG facility, a clean coal |
20 | | SNG brownfield facility, or a party with which a clean coal |
21 | | facility, clean coal SNG facility, or clean coal SNG |
22 | | brownfield facility has contracted for such purposes. |
23 | | "Service area" has the same definition as found in Section |
24 | | 16-102 of the Public Utilities Act. |
25 | | "Settlement period" means the period of time utilized by |
26 | | MISO and PJM and their successor organizations as the basis |
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1 | | for settlement calculations in the real-time energy market. |
2 | | "Sourcing agreement" means (i) in the case of an electric |
3 | | utility, an agreement between the owner of a clean coal |
4 | | facility and such electric utility, which agreement shall have |
5 | | terms and conditions meeting the requirements of paragraph (3) |
6 | | of subsection (d) of Section 1-75, (ii) in the case of an |
7 | | alternative retail electric supplier, an agreement between the |
8 | | owner of a clean coal facility and such alternative retail |
9 | | electric supplier, which agreement shall have terms and |
10 | | conditions meeting the requirements of Section 16-115(d)(5) of |
11 | | the Public Utilities Act, and (iii) in case of a gas utility, |
12 | | an agreement between the owner of a clean coal SNG brownfield |
13 | | facility and the gas utility, which agreement shall have the |
14 | | terms and conditions meeting the requirements of subsection |
15 | | (h-1) of Section 9-220 of the Public Utilities Act. |
16 | | "Strike price" means a contract price for energy and |
17 | | renewable energy credits from a new utility-scale wind project |
18 | | or a new utility-scale photovoltaic project. |
19 | | "Subscriber" means a person who (i) takes delivery service |
20 | | from an electric utility, and (ii) has a subscription of no |
21 | | less than 200 watts to a community renewable generation |
22 | | project that is located in the electric utility's service |
23 | | area. No subscriber's subscriptions may total more than 40% of |
24 | | the nameplate capacity of an individual community renewable |
25 | | generation project. Entities that are affiliated by virtue of |
26 | | a common parent shall not represent multiple subscriptions |
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1 | | that total more than 40% of the nameplate capacity of an |
2 | | individual community renewable generation project. |
3 | | "Subscription" means an interest in a community renewable |
4 | | generation project expressed in kilowatts, which is sized |
5 | | primarily to offset part or all of the subscriber's |
6 | | electricity usage. |
7 | | "Substitute natural gas" or "SNG" means a gas manufactured |
8 | | by gasification of hydrocarbon feedstock, which is |
9 | | substantially interchangeable in use and distribution with |
10 | | conventional natural gas.
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11 | | "Total resource cost test" or "TRC test" means a standard |
12 | | that is met if, for an investment in energy efficiency or |
13 | | demand-response measures, the benefit-cost ratio is greater |
14 | | than one. The benefit-cost ratio is the ratio of the net |
15 | | present value of the total benefits of the program to the net |
16 | | present value of the total costs as calculated over the |
17 | | lifetime of the measures. A total resource cost test compares |
18 | | the sum of avoided electric utility costs, representing the |
19 | | benefits that accrue to the system and the participant in the |
20 | | delivery of those efficiency measures and including avoided |
21 | | costs associated with reduced use of natural gas or other |
22 | | fuels, avoided costs associated with reduced water |
23 | | consumption, and avoided costs associated with reduced |
24 | | operation and maintenance costs, as well as other quantifiable |
25 | | societal benefits, to the sum of all incremental costs of |
26 | | end-use measures that are implemented due to the program |
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1 | | (including both utility and participant contributions), plus |
2 | | costs to administer, deliver, and evaluate each demand-side |
3 | | program, to quantify the net savings obtained by substituting |
4 | | the demand-side program for supply resources. In calculating |
5 | | avoided costs of power and energy that an electric utility |
6 | | would otherwise have had to acquire, reasonable estimates |
7 | | shall be included of financial costs likely to be imposed by |
8 | | future regulations and legislation on emissions of greenhouse |
9 | | gases. In discounting future societal costs and benefits for |
10 | | the purpose of calculating net present values, a societal |
11 | | discount rate based on actual, long-term Treasury bond yields |
12 | | should be used. Notwithstanding anything to the contrary, the |
13 | | TRC test shall not include or take into account a calculation |
14 | | of market price suppression effects or demand reduction |
15 | | induced price effects. |
16 | | "Utility-scale solar project" means an electric generating |
17 | | facility that: |
18 | | (1) generates electricity using photovoltaic cells; |
19 | | and |
20 | | (2) has a nameplate capacity that is greater than |
21 | | 5,000 2,000 kilowatts. |
22 | | "Utility-scale wind project" means an electric generating |
23 | | facility that: |
24 | | (1) generates electricity using wind; and |
25 | | (2) has a nameplate capacity that is greater than |
26 | | 5,000 2,000 kilowatts. |
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1 | | "Waste Heat to Power Systems" means systems that capture |
2 | | and generate electricity from energy that would otherwise be |
3 | | lost to the atmosphere without the use of additional fuel. |
4 | | "Zero emission credit" means a tradable credit that |
5 | | represents the environmental attributes of one megawatt hour |
6 | | of energy produced from a zero emission facility. |
7 | | "Zero emission facility" means a facility that: (1) is |
8 | | fueled by nuclear power; and (2) is interconnected with PJM |
9 | | Interconnection, LLC or the Midcontinent Independent System |
10 | | Operator, Inc., or their successors. |
11 | | (Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17 .)
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12 | | (20 ILCS 3855/1-20) |
13 | | Sec. 1-20. General powers and duties of the Agency. |
14 | | (a) The Agency is authorized to do each of the following: |
15 | | (1) Develop electricity procurement plans to ensure |
16 | | adequate, reliable, affordable, efficient, and |
17 | | environmentally sustainable electric service at the lowest |
18 | | total cost over time, taking into account any benefits of |
19 | | price stability, for electric utilities that on December |
20 | | 31, 2005 provided electric service to at least 100,000 |
21 | | customers in Illinois and for small multi-jurisdictional |
22 | | electric utilities that (A) on December 31, 2005 served |
23 | | less than 100,000 customers in Illinois and (B) request a |
24 | | procurement plan for their Illinois jurisdictional load. |
25 | | Except as provided in paragraph (1.5) of this subsection |
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1 | | (a), the electricity procurement plans shall be updated on |
2 | | an annual basis and shall include electricity generated |
3 | | from renewable resources sufficient to achieve the |
4 | | standards specified in this Act. Beginning with the |
5 | | delivery year commencing June 1, 2017, develop procurement |
6 | | plans to include zero emission credits generated from zero |
7 | | emission facilities sufficient to achieve the standards |
8 | | specified in this Act. Beginning with the delivery year |
9 | | commencing on June 1, 2022, the Agency is authorized to |
10 | | develop carbon mitigation credit procurement plans to |
11 | | include carbon mitigation credits generated from |
12 | | carbon-free energy resources sufficient to achieve the |
13 | | standards specified in this Act. |
14 | | (1.5) Develop a long-term renewable resources |
15 | | procurement plan in accordance with subsection (c) of |
16 | | Section 1-75 of this Act for renewable energy credits in |
17 | | amounts sufficient to achieve the standards specified in |
18 | | this Act for delivery years commencing June 1, 2017 and |
19 | | for the programs and renewable energy credits specified in |
20 | | Section 1-56 of this Act. Electricity procurement plans |
21 | | for delivery years commencing after May 31, 2017, shall |
22 | | not include procurement of renewable energy resources. |
23 | | (2) Conduct competitive procurement processes to |
24 | | procure the supply resources identified in the electricity |
25 | | procurement plan, pursuant to Section 16-111.5 of the |
26 | | Public Utilities Act, and, for the delivery year |
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1 | | commencing June 1, 2017, conduct procurement processes to |
2 | | procure zero emission credits from zero emission |
3 | | facilities, under subsection (d-5) of Section 1-75 of this |
4 | | Act. For the delivery year commencing June 1, 2022, the |
5 | | Agency is authorized to conduct procurement processes to |
6 | | procure carbon mitigation credits from carbon-free energy |
7 | | resources, under subsection (d-10) of Section 1-75 of this |
8 | | Act. |
9 | | (2.5) Beginning with the procurement for the 2017 |
10 | | delivery year, conduct competitive procurement processes |
11 | | and implement programs to procure renewable energy credits |
12 | | identified in the long-term renewable resources |
13 | | procurement plan developed and approved under subsection |
14 | | (c) of Section 1-75 of this Act and Section 16-111.5 of the |
15 | | Public Utilities Act. |
16 | | (2.10) Oversee the procurement by electric utilities |
17 | | that served more than 300,000 customers in this State as |
18 | | of January 1, 2019 of renewable energy credits from new |
19 | | renewable energy facilities to be installed, along with |
20 | | energy storage facilities, at or adjacent to the sites of |
21 | | electric generating facilities that burned coal as their |
22 | | primary fuel source as of January 1, 2016 in accordance |
23 | | with subsection (c-5) of Section 1-75 of this Act. |
24 | | (3) Develop electric generation and co-generation |
25 | | facilities that use indigenous coal or renewable |
26 | | resources, or both, financed with bonds issued by the |
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1 | | Illinois Finance Authority. |
2 | | (4) Supply electricity from the Agency's facilities at |
3 | | cost to one or more of the following: municipal electric |
4 | | systems, governmental aggregators, or rural electric |
5 | | cooperatives in Illinois. |
6 | | (b) Except as otherwise limited by this Act, the Agency |
7 | | has all of the powers necessary or convenient to carry out the |
8 | | purposes and provisions of this Act, including without |
9 | | limitation, each of the following: |
10 | | (1) To have a corporate seal, and to alter that seal at |
11 | | pleasure, and to use it by causing it or a facsimile to be |
12 | | affixed or impressed or reproduced in any other manner. |
13 | | (2) To use the services of the Illinois Finance |
14 | | Authority necessary to carry out the Agency's purposes. |
15 | | (3) To negotiate and enter into loan agreements and |
16 | | other agreements with the Illinois Finance Authority. |
17 | | (4) To obtain and employ personnel and hire |
18 | | consultants that are necessary to fulfill the Agency's |
19 | | purposes, and to make expenditures for that purpose within |
20 | | the appropriations for that purpose. |
21 | | (5) To purchase, receive, take by grant, gift, devise, |
22 | | bequest, or otherwise, lease, or otherwise acquire, own, |
23 | | hold, improve, employ, use, and otherwise deal in and |
24 | | with, real or personal property whether tangible or |
25 | | intangible, or any interest therein, within the State. |
26 | | (6) To acquire real or personal property, whether |
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1 | | tangible or intangible, including without limitation |
2 | | property rights, interests in property, franchises, |
3 | | obligations, contracts, and debt and equity securities, |
4 | | and to do so by the exercise of the power of eminent domain |
5 | | in accordance with Section 1-21; except that any real |
6 | | property acquired by the exercise of the power of eminent |
7 | | domain must be located within the State. |
8 | | (7) To sell, convey, lease, exchange, transfer, |
9 | | abandon, or otherwise dispose of, or mortgage, pledge, or |
10 | | create a security interest in, any of its assets, |
11 | | properties, or any interest therein, wherever situated. |
12 | | (8) To purchase, take, receive, subscribe for, or |
13 | | otherwise acquire, hold, make a tender offer for, vote, |
14 | | employ, sell, lend, lease, exchange, transfer, or |
15 | | otherwise dispose of, mortgage, pledge, or grant a |
16 | | security interest in, use, and otherwise deal in and with, |
17 | | bonds and other obligations, shares, or other securities |
18 | | (or interests therein) issued by others, whether engaged |
19 | | in a similar or different business or activity. |
20 | | (9) To make and execute agreements, contracts, and |
21 | | other instruments necessary or convenient in the exercise |
22 | | of the powers and functions of the Agency under this Act, |
23 | | including contracts with any person, including personal |
24 | | service contracts, or with any local government, State |
25 | | agency, or other entity; and all State agencies and all |
26 | | local governments are authorized to enter into and do all |
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1 | | things necessary to perform any such agreement, contract, |
2 | | or other instrument with the Agency. No such agreement, |
3 | | contract, or other instrument shall exceed 40 years. |
4 | | (10) To lend money, invest and reinvest its funds in |
5 | | accordance with the Public Funds Investment Act, and take |
6 | | and hold real and personal property as security for the |
7 | | payment of funds loaned or invested. |
8 | | (11) To borrow money at such rate or rates of interest |
9 | | as the Agency may determine, issue its notes, bonds, or |
10 | | other obligations to evidence that indebtedness, and |
11 | | secure any of its obligations by mortgage or pledge of its |
12 | | real or personal property, machinery, equipment, |
13 | | structures, fixtures, inventories, revenues, grants, and |
14 | | other funds as provided or any interest therein, wherever |
15 | | situated. |
16 | | (12) To enter into agreements with the Illinois |
17 | | Finance Authority to issue bonds whether or not the income |
18 | | therefrom is exempt from federal taxation. |
19 | | (13) To procure insurance against any loss in |
20 | | connection with its properties or operations in such |
21 | | amount or amounts and from such insurers, including the |
22 | | federal government, as it may deem necessary or desirable, |
23 | | and to pay any premiums therefor. |
24 | | (14) To negotiate and enter into agreements with |
25 | | trustees or receivers appointed by United States |
26 | | bankruptcy courts or federal district courts or in other |
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1 | | proceedings involving adjustment of debts and authorize |
2 | | proceedings involving adjustment of debts and authorize |
3 | | legal counsel for the Agency to appear in any such |
4 | | proceedings. |
5 | | (15) To file a petition under Chapter 9 of Title 11 of |
6 | | the United States Bankruptcy Code or take other similar |
7 | | action for the adjustment of its debts. |
8 | | (16) To enter into management agreements for the |
9 | | operation of any of the property or facilities owned by |
10 | | the Agency. |
11 | | (17) To enter into an agreement to transfer and to |
12 | | transfer any land, facilities, fixtures, or equipment of |
13 | | the Agency to one or more municipal electric systems, |
14 | | governmental aggregators, or rural electric agencies or |
15 | | cooperatives, for such consideration and upon such terms |
16 | | as the Agency may determine to be in the best interest of |
17 | | the residents citizens of Illinois. |
18 | | (18) To enter upon any lands and within any building |
19 | | whenever in its judgment it may be necessary for the |
20 | | purpose of making surveys and examinations to accomplish |
21 | | any purpose authorized by this Act. |
22 | | (19) To maintain an office or offices at such place or |
23 | | places in the State as it may determine. |
24 | | (20) To request information, and to make any inquiry, |
25 | | investigation, survey, or study that the Agency may deem |
26 | | necessary to enable it effectively to carry out the |
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1 | | provisions of this Act. |
2 | | (21) To accept and expend appropriations. |
3 | | (22) To engage in any activity or operation that is |
4 | | incidental to and in furtherance of efficient operation to |
5 | | accomplish the Agency's purposes, including hiring |
6 | | employees that the Director deems essential for the |
7 | | operations of the Agency. |
8 | | (23) To adopt, revise, amend, and repeal rules with |
9 | | respect to its operations, properties, and facilities as |
10 | | may be necessary or convenient to carry out the purposes |
11 | | of this Act, subject to the provisions of the Illinois |
12 | | Administrative Procedure Act and Sections 1-22 and 1-35 of |
13 | | this Act. |
14 | | (24) To establish and collect charges and fees as |
15 | | described in this Act.
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16 | | (25) To conduct competitive gasification feedstock |
17 | | procurement processes to procure the feedstocks for the |
18 | | clean coal SNG brownfield facility in accordance with the |
19 | | requirements of Section 1-78 of this Act. |
20 | | (26) To review, revise, and approve sourcing |
21 | | agreements and mediate and resolve disputes between gas |
22 | | utilities and the clean coal SNG brownfield facility |
23 | | pursuant to subsection (h-1) of Section 9-220 of the |
24 | | Public Utilities Act. |
25 | | (27) To request, review and accept proposals, execute |
26 | | contracts, purchase renewable energy credits and otherwise |
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1 | | dedicate funds from the Illinois Power Agency Renewable |
2 | | Energy Resources Fund to create and carry out the |
3 | | objectives of the Illinois Solar for All Program program |
4 | | in accordance with Section 1-56 of this Act. |
5 | | (28) To ensure Illinois residents and business benefit |
6 | | from programs administered by the Agency and are properly |
7 | | protected from any deceptive or misleading marketing |
8 | | practices by participants in the Agency's programs and |
9 | | procurements. |
10 | | (c) In conducting the procurement of electricity or other |
11 | | products, beginning January 1, 2022, the Agency shall not |
12 | | procure any products or services from persons or organizations |
13 | | that are in violation of the Displaced Energy Workers Bill of |
14 | | Rights, as provided under the Energy Community Reinvestment |
15 | | Act at the time of the procurement event or fail to comply the |
16 | | labor standards established in subparagraph (Q) of paragraph |
17 | | (1) of subsection (c) of Section 1-75. |
18 | | (Source: P.A. 99-906, eff. 6-1-17 .) |
19 | | (20 ILCS 3855/1-35)
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20 | | Sec. 1-35. Agency rules. The Agency shall adopt rules as |
21 | | may be necessary and appropriate for the operation of the |
22 | | Agency. In addition to other rules relevant to the operation |
23 | | of the Agency, the Agency shall adopt rules that accomplish |
24 | | each of the following: |
25 | | (1) Establish procedures for monitoring the |
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1 | | administration of any contract administered directly or |
2 | | indirectly by the Agency; except that the procedures shall |
3 | | not extend to executed contracts between electric |
4 | | utilities and their suppliers. |
5 | | (2) If deemed necessary by the Agency, establish |
6 | | Establish procedures for the recovery of costs incurred in |
7 | | connection with the development and construction of a |
8 | | facility should the Agency cancel a project, provided that |
9 | | no such costs shall be passed on to public utilities or |
10 | | their customers or paid from the Illinois Power Agency |
11 | | Operations Fund. |
12 | | (3) Implement accounting rules and a system of |
13 | | accounts, in accordance with State law, permitting all |
14 | | reporting (i) required by the State, (ii) required under |
15 | | this Act, (iii) required by the Authority, or (iv) |
16 | | required under the Public Utilities Act. |
17 | | The Agency shall not adopt any rules that infringe upon |
18 | | the authority granted to the Commission.
|
19 | | (Source: P.A. 95-481, eff. 8-28-07.) |
20 | | (20 ILCS 3855/1-56) |
21 | | Sec. 1-56. Illinois Power Agency Renewable Energy |
22 | | Resources Fund; Illinois Solar for All Program. |
23 | | (a) The Illinois Power Agency Renewable Energy Resources |
24 | | Fund is created as a special fund in the State treasury. |
25 | | (b) The Illinois Power Agency Renewable Energy Resources |
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1 | | Fund shall be administered by the Agency as described in this |
2 | | subsection (b), provided that the changes to this subsection |
3 | | (b) made by this amendatory Act of the 99th General Assembly |
4 | | shall not interfere with existing contracts under this |
5 | | Section. |
6 | | (1) The Illinois Power Agency Renewable Energy |
7 | | Resources Fund shall be used to purchase renewable energy |
8 | | credits according to any approved procurement plan |
9 | | developed by the Agency prior to June 1, 2017. |
10 | | (2) The Illinois Power Agency Renewable Energy |
11 | | Resources Fund shall also be used to create the Illinois |
12 | | Solar for All Program, which provides shall include |
13 | | incentives for low-income distributed generation and |
14 | | community solar projects, and other associated approved |
15 | | expenditures. The objectives of the Illinois Solar for All |
16 | | Program are to bring photovoltaics to low-income |
17 | | communities in this State in a manner that maximizes the |
18 | | development of new photovoltaic generating facilities, to |
19 | | create a long-term, low-income solar marketplace |
20 | | throughout this State, to integrate, through interaction |
21 | | with stakeholders, with existing energy efficiency |
22 | | initiatives, and to minimize administrative costs. The |
23 | | Illinois Solar for All Program shall be implemented in a |
24 | | manner that seeks to minimize administrative costs, and |
25 | | maximize efficiencies and synergies available through |
26 | | coordination with similar initiatives, including the |
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1 | | Adjustable Block program described in subparagraphs (K) |
2 | | through (M) of paragraph (1) of subsection (c) of Section |
3 | | 1-75, energy efficiency programs, job training programs, |
4 | | and community action agencies. The Agency shall strive to |
5 | | ensure that renewable energy credits procured through the |
6 | | Illinois Solar for All Program and each of its subprograms |
7 | | are purchased from projects across the breadth of |
8 | | low-income and environmental justice communities in |
9 | | Illinois, including both urban and rural communities, are |
10 | | not concentrated in a few communities, and do not exclude |
11 | | particular low-income or environmental justice |
12 | | communities. The Agency shall include a description of its |
13 | | proposed approach to the design, administration, |
14 | | implementation and evaluation of the Illinois Solar for |
15 | | All Program, as part of the long-term renewable resources |
16 | | procurement plan authorized by subsection (c) of Section |
17 | | 1-75 of this Act, and the program shall be designed to grow |
18 | | the low-income solar market. The Agency or utility, as |
19 | | applicable, shall purchase renewable energy credits from |
20 | | the (i) photovoltaic distributed renewable energy |
21 | | generation projects and (ii) community solar projects that |
22 | | are procured under procurement processes authorized by the |
23 | | long-term renewable resources procurement plans approved |
24 | | by the Commission. |
25 | | The Illinois Solar for All Program shall include the |
26 | | program offerings described in subparagraphs (A) through |
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1 | | (E) (D) of this paragraph (2), which the Agency shall |
2 | | implement through contracts with third-party providers |
3 | | and, subject to appropriation, pay the approximate amounts |
4 | | identified using monies available in the Illinois Power |
5 | | Agency Renewable Energy Resources Fund. Each contract that |
6 | | provides for the installation of solar facilities shall |
7 | | provide that the solar facilities will produce energy and |
8 | | economic benefits, at a level determined by the Agency to |
9 | | be reasonable, for the participating low income customers. |
10 | | The monies available in the Illinois Power Agency |
11 | | Renewable Energy Resources Fund and not otherwise |
12 | | committed to contracts executed under subsection (i) of |
13 | | this Section , as well as, in the case of the programs |
14 | | described under subparagraphs (A) through (E) of this |
15 | | paragraph (2), funding authorized pursuant to subparagraph |
16 | | (O) of paragraph (1) of subsection (c) of Section 1-75 of |
17 | | this Act, shall initially be allocated among the programs |
18 | | described in this paragraph (2), as follows: 35% 22.5% of |
19 | | these funds shall be allocated to programs described in |
20 | | subparagraphs subparagraph (A) and (E) of this paragraph |
21 | | (2), 40% 37.5% of these funds shall be allocated to |
22 | | programs described in subparagraph (B) of this paragraph |
23 | | (2), and 25% 15% of these funds shall be allocated to |
24 | | programs described in subparagraph (C) of this paragraph |
25 | | (2) , and 25% of these funds, but in no event more than |
26 | | $50,000,000, shall be allocated to programs described in |
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1 | | subparagraph (D) of this paragraph (2) . The allocation of |
2 | | funds among subparagraphs (A), (B), or (C) , and (E) of |
3 | | this paragraph (2) may be changed if the Agency , after |
4 | | receiving input through a stakeholder process, or |
5 | | administrator, through delegated authority, determines |
6 | | incentives in subparagraphs (A), (B), or (C) , or (E) of |
7 | | this paragraph (2) have not been adequately subscribed to |
8 | | fully utilize available Illinois Solar for All Program |
9 | | funds the Illinois Power Agency Renewable Energy Resources |
10 | | Fund . The determination shall include input through a |
11 | | stakeholder process. The program offerings described in |
12 | | subparagraphs (A) through (D) of this paragraph (2) shall |
13 | | also be implemented through contracts funded from such |
14 | | additional amounts as are allocated to one or more of the |
15 | | programs in the long-term renewable resources procurement |
16 | | plans as specified in subsection (c) of Section 1-75 of |
17 | | this Act and subparagraph (O) of paragraph (1) of such |
18 | | subsection (c). |
19 | | Contracts that will be paid with funds in the Illinois |
20 | | Power Agency Renewable Energy Resources Fund shall be |
21 | | executed by the Agency. Contracts that will be paid with |
22 | | funds collected by an electric utility shall be executed |
23 | | by the electric utility. |
24 | | Contracts under the Illinois Solar for All Program |
25 | | shall include an approach, as set forth in the long-term |
26 | | renewable resources procurement plans, to ensure the |
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1 | | wholesale market value of the energy is credited to |
2 | | participating low-income customers or organizations and to |
3 | | ensure tangible economic benefits flow directly to program |
4 | | participants, except in the case of low-income |
5 | | multi-family housing where the low-income customer does |
6 | | not directly pay for energy. Priority shall be given to |
7 | | projects that demonstrate meaningful involvement of |
8 | | low-income community members in designing the initial |
9 | | proposals. Acceptable proposals to implement projects must |
10 | | demonstrate the applicant's ability to conduct initial |
11 | | community outreach, education, and recruitment of |
12 | | low-income participants in the community. Projects must |
13 | | include job training opportunities if available, with the |
14 | | specific level of trainee usage to be determined through |
15 | | the Agency's long-term renewable resources procurement |
16 | | plan, and the Illinois Solar for All Program Administrator |
17 | | shall endeavor to coordinate with the job training |
18 | | programs described in paragraph (1) of subsection (a) of |
19 | | Section 16-108.12 of the Public Utilities Act and in the |
20 | | Energy Transition Act . |
21 | | The Agency shall make every effort to ensure that |
22 | | small and emerging businesses, particularly those located |
23 | | in low-income and environmental justice communities, are |
24 | | able to participate in the Illinois Solar for All Program. |
25 | | These efforts may include, but shall not be limited to, |
26 | | proactive support from the program administrator, |
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1 | | different or preferred access to subprograms and |
2 | | administrator-identified customers or grassroots |
3 | | education provider-identified customers, and different |
4 | | incentive levels. The Agency shall report on progress and |
5 | | barriers to participation of small and emerging businesses |
6 | | in the Illinois Solar for All Program at least once a year. |
7 | | The report shall be made available on the Agency's website |
8 | | and, in years when the Agency is updating its long-term |
9 | | renewable resources procurement plan, included in that |
10 | | Plan. |
11 | | (A) Low-income single-family and small multifamily |
12 | | solar distributed generation incentive. This program |
13 | | will provide incentives to low-income customers, |
14 | | either directly or through solar providers, to |
15 | | increase the participation of low-income households in |
16 | | photovoltaic on-site distributed generation at |
17 | | residential buildings containing one to 4 units . |
18 | | Companies participating in this program that install |
19 | | solar panels shall commit to hiring job trainees for a |
20 | | portion of their low-income installations, and an |
21 | | administrator shall facilitate partnering the |
22 | | companies that install solar panels with entities that |
23 | | provide solar panel installation job training. It is a |
24 | | goal of this program that a minimum of 25% of the |
25 | | incentives for this program be allocated to projects |
26 | | located within environmental justice communities. |
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1 | | Contracts entered into under this paragraph may be |
2 | | entered into with an entity that will develop and |
3 | | administer the program and shall also include |
4 | | contracts for renewable energy credits from the |
5 | | photovoltaic distributed generation that is the |
6 | | subject of the program, as set forth in the long-term |
7 | | renewable resources procurement plan. Additionally: |
8 | | (i) The Agency shall reserve a portion of this |
9 | | program for projects that promote energy |
10 | | sovereignty through ownership of projects by |
11 | | low-income households, not-for-profit |
12 | | organizations providing services to low-income |
13 | | households, affordable housing owners, community |
14 | | cooperatives, or community-based limited liability |
15 | | companies providing services to low-income |
16 | | households. Projects that feature energy ownership |
17 | | should ensure that local people have control of |
18 | | the project and reap benefits from the project |
19 | | over and above energy bill savings. The Agency may |
20 | | consider the inclusion of projects that promote |
21 | | ownership over time or that involve partial |
22 | | project ownership by communities, as promoting |
23 | | energy sovereignty. Incentives for projects that |
24 | | promote energy sovereignty may be higher than |
25 | | incentives for equivalent projects that do not |
26 | | promote energy sovereignty under this same |
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1 | | program. |
2 | | (ii) Through its long-term renewable resources |
3 | | procurement plan, the Agency shall consider |
4 | | additional program and contract requirements to |
5 | | ensure faithful compliance by applicants |
6 | | benefiting from preferences for projects |
7 | | designated to promote energy sovereignty. The |
8 | | Agency shall make every effort to enable solar |
9 | | providers already participating in the Adjustable |
10 | | Block-Program under subparagraph (K) of paragraph |
11 | | (1) of subsection (c) of Section 1-75 of this Act, |
12 | | and particularly solar providers developing |
13 | | projects under item (i) of subparagraph (K) of |
14 | | paragraph (1) of subsection (c) of Section 1-75 of |
15 | | this Act to easily participate in the Low-Income |
16 | | Distributed Generation Incentive program described |
17 | | under this subparagraph (A), and vice versa. This |
18 | | effort may include, but shall not be limited to, |
19 | | utilizing similar or the same application systems |
20 | | and processes, similar or the same forms and |
21 | | formats of communication, and providing active |
22 | | outreach to companies participating in one program |
23 | | but not the other. The Agency shall report on |
24 | | efforts made to encourage this cross-participation |
25 | | in its long-term renewable resources procurement |
26 | | plan. |
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1 | | (B) Low-Income Community Solar Project Initiative. |
2 | | Incentives shall be offered to low-income customers, |
3 | | either directly or through developers, to increase the |
4 | | participation of low-income subscribers of community |
5 | | solar projects. The developer of each project shall |
6 | | identify its partnership with community stakeholders |
7 | | regarding the location, development, and participation |
8 | | in the project, provided that nothing shall preclude a |
9 | | project from including an anchor tenant that does not |
10 | | qualify as low-income. Companies participating in this |
11 | | program that develop or install solar projects shall |
12 | | commit to hiring job trainees for a portion of their |
13 | | low-income installations, and an administrator shall |
14 | | facilitate partnering the companies that install solar |
15 | | projects with entities that provide solar installation |
16 | | and related job training. Incentives should also be |
17 | | offered to community solar projects that are 100% |
18 | | low-income subscriber owned, which includes low-income |
19 | | households, not-for-profit organizations, and |
20 | | affordable housing owners. It is a goal of this |
21 | | program that a minimum of 25% of the incentives for |
22 | | this program be allocated to community photovoltaic |
23 | | projects in environmental justice communities. The |
24 | | Agency shall reserve a portion of this program for |
25 | | projects that promote energy sovereignty through |
26 | | ownership of projects by low-income households, |
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1 | | not-for-profit organizations providing services to |
2 | | low-income households, affordable housing owners, or |
3 | | community-based limited liability companies providing |
4 | | services to low-income households. Projects that |
5 | | feature energy ownership should ensure that local |
6 | | people have control of the project and reap benefits |
7 | | from the project over and above energy bill savings. |
8 | | The Agency may consider the inclusion of projects that |
9 | | promote ownership over time or that involve partial |
10 | | project ownership by communities, as promoting energy |
11 | | sovereignty. Incentives for projects that promote |
12 | | energy sovereignty may be higher than incentives for |
13 | | equivalent projects that do not promote energy |
14 | | sovereignty under this same program. Contracts entered |
15 | | into under this paragraph may be entered into with |
16 | | developers and shall also include contracts for |
17 | | renewable energy credits related to the program. |
18 | | (C) Incentives for non-profits and public |
19 | | facilities. Under this program funds shall be used to |
20 | | support on-site photovoltaic distributed renewable |
21 | | energy generation devices to serve the load associated |
22 | | with not-for-profit customers and to support |
23 | | photovoltaic distributed renewable energy generation |
24 | | that uses photovoltaic technology to serve the load |
25 | | associated with public sector customers taking service |
26 | | at public buildings. Companies participating in this |
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1 | | program that develop or install solar projects shall |
2 | | commit to hiring job trainees for a portion of their |
3 | | low-income installations, and an administrator shall |
4 | | facilitate partnering the companies that install solar |
5 | | projects with entities that provide solar installation |
6 | | and related job training. Through its long-term |
7 | | renewable resources procurement plan, the Agency shall |
8 | | consider additional program and contract requirements |
9 | | to ensure faithful compliance by applicants benefiting |
10 | | from preferences for projects designated to promote |
11 | | energy sovereignty. It is a goal of this program that |
12 | | at least 25% of the incentives for this program be |
13 | | allocated to projects located in environmental justice |
14 | | communities. Contracts entered into under this |
15 | | paragraph may be entered into with an entity that will |
16 | | develop and administer the program or with developers |
17 | | and shall also include contracts for renewable energy |
18 | | credits related to the program. |
19 | | (D) (Blank). Low-Income Community Solar Pilot |
20 | | Projects. Under this program, persons, including, but |
21 | | not limited to, electric utilities, shall propose |
22 | | pilot community solar projects. Community solar |
23 | | projects proposed under this subparagraph (D) may |
24 | | exceed 2,000 kilowatts in nameplate capacity, but the |
25 | | amount paid per project under this program may not |
26 | | exceed $20,000,000. Pilot projects must result in |
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1 | | economic benefits for the members of the community in |
2 | | which the project will be located. The proposed pilot |
3 | | project must include a partnership with at least one |
4 | | community-based organization. Approved pilot projects |
5 | | shall be competitively bid by the Agency, subject to |
6 | | fair and equitable guidelines developed by the Agency. |
7 | | Funding available under this subparagraph (D) may not |
8 | | be distributed solely to a utility, and at least some |
9 | | funds under this subparagraph (D) must include a |
10 | | project partnership that includes community ownership |
11 | | by the project subscribers. Contracts entered into |
12 | | under this paragraph may be entered into with an |
13 | | entity that will develop and administer the program or |
14 | | with developers and shall also include contracts for |
15 | | renewable energy credits related to the program. A |
16 | | project proposed by a utility that is implemented |
17 | | under this subparagraph (D) shall not be included in |
18 | | the utility's ratebase. |
19 | | (E) Low-income large multifamily solar incentive.
|
20 | | This program shall provide incentives to low-income
|
21 | | customers, either directly or through solar providers,
|
22 | | to increase the participation of low-income households
|
23 | | in photovoltaic on-site distributed generation at
|
24 | | residential buildings with 5 or more units. Companies
|
25 | | participating in this program that develop or install
|
26 | | solar projects shall commit to hiring job trainees for
|
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1 | | a portion of their low-income installations, and an
|
2 | | administrator shall facilitate partnering the
|
3 | | companies that install solar projects with entities
|
4 | | that provide solar installation and related job
|
5 | | training. It is a goal of this program that a minimum
|
6 | | of 25% of the incentives for this program be allocated
|
7 | | to projects located within environmental justice
|
8 | | communities. The Agency shall reserve a portion of
|
9 | | this program for projects that promote energy
|
10 | | sovereignty through ownership of projects by
|
11 | | low-income households, not-for-profit organizations
|
12 | | providing services to low-income households,
|
13 | | affordable housing owners, or community-based limited
|
14 | | liability companies providing services to low-income
|
15 | | households. Projects that feature energy ownership |
16 | | should ensure that local people have control of the |
17 | | project and reap benefits from the project over and |
18 | | above energy bill savings. The Agency may consider the |
19 | | inclusion of projects that promote ownership over time |
20 | | or that involve partial project ownership by |
21 | | communities, as promoting energy sovereignty. |
22 | | Incentives for projects that promote energy
|
23 | | sovereignty may be higher than incentives for
|
24 | | equivalent projects that do not promote energy
|
25 | | sovereignty under this same program. |
26 | | The requirement that a qualified person, as defined in |
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1 | | paragraph (1) of subsection (i) of this Section, install |
2 | | photovoltaic devices does not apply to the Illinois Solar |
3 | | for All Program described in this subsection (b). |
4 | | In addition to the programs outlined in paragraphs (A) |
5 | | through (E), the Agency and other parties may propose |
6 | | additional programs through the Long-Term Renewable |
7 | | Resources Procurement Plan developed and approved under |
8 | | paragraph (5) of subsection (b) of Section 16-111.5 of the |
9 | | Public Utilities Act. Additional programs may target |
10 | | market segments not specified above and may also include |
11 | | incentives targeted to increase the uptake of |
12 | | nonphotovoltaic technologies by low-income customers, |
13 | | including energy storage paired with photovoltaics, if the |
14 | | Commission determines that the Illinois Solar for All |
15 | | Program would provide greater benefits to the public |
16 | | health and well-being of low-income residents through also |
17 | | supporting that additional program versus supporting |
18 | | programs already authorized. |
19 | | (3) Costs associated with the Illinois Solar for All |
20 | | Program and its components described in paragraph (2) of |
21 | | this subsection (b), including, but not limited to, costs |
22 | | associated with procuring experts, consultants, and the |
23 | | program administrator referenced in this subsection (b) |
24 | | and related incremental costs, costs related to income |
25 | | verification and facilitating customer participation in |
26 | | the program, and costs related to the evaluation of the |
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1 | | Illinois Solar for All Program, may be paid for using |
2 | | monies in the Illinois Power Agency Renewable Energy |
3 | | Resources Fund, and funds allocated pursuant to |
4 | | subparagraph (O) of paragraph (1) of subsection (c) of |
5 | | Section 1-75, but the Agency or program administrator |
6 | | shall strive to minimize costs in the implementation of |
7 | | the program. The Agency or contracting electric utility |
8 | | shall purchase renewable energy credits from generation |
9 | | that is the subject of a contract under subparagraphs (A) |
10 | | through (E) (D) of this paragraph (2) of this subsection |
11 | | (b), and may pay for such renewable energy credits through |
12 | | an upfront payment per installed kilowatt of nameplate |
13 | | capacity paid once the device is interconnected at the |
14 | | distribution system level of the interconnecting utility |
15 | | and verified as is energized. Payments for renewable |
16 | | energy credits The payment shall be in exchange for an |
17 | | assignment of all renewable energy credits generated by |
18 | | the system during the first 15 years of operation and |
19 | | shall be structured to overcome barriers to participation |
20 | | in the solar market by the low-income community. The |
21 | | incentives provided for in this Section may be implemented |
22 | | through the pricing of renewable energy credits where the |
23 | | prices paid for the credits are higher than the prices |
24 | | from programs offered under subsection (c) of Section 1-75 |
25 | | of this Act to account for the additional capital |
26 | | necessary to successfully access targeted market segments |
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1 | | incentives. The Agency shall ensure collaboration with |
2 | | community agencies, and allocate up to 5% of the funds |
3 | | available under the Illinois Solar for All Program to |
4 | | community-based groups to assist in grassroots education |
5 | | efforts related to the Illinois Solar for All Program . The |
6 | | Agency or contracting electric utility shall retire any |
7 | | renewable energy credits purchased under from this program |
8 | | and the credits shall count towards the obligation under |
9 | | subsection (c) of Section 1-75 of this Act for the |
10 | | electric utility to which the project is interconnected , |
11 | | if applicable. |
12 | | The Agency shall direct that up to 5% of the funds |
13 | | available under the Illinois Solar for All Program to |
14 | | community-based groups and other qualifying organizations |
15 | | to assist in community-driven education efforts related to |
16 | | the Illinois Solar for All Program, including general |
17 | | energy education, job training program outreach efforts, |
18 | | and other activities deemed to be qualified by the Agency. |
19 | | Grassroots education funding shall not be used to support |
20 | | the marketing by solar project development firms and |
21 | | organizations, unless such education provides equal |
22 | | opportunities for all applicable firms and organizations . |
23 | | (4) The Agency shall, consistent with the requirements |
24 | | of this subsection (b), propose the Illinois Solar for All |
25 | | Program terms, conditions, and requirements, including the |
26 | | prices to be paid for renewable energy credits, and which |
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1 | | prices may be determined through a formula, through the |
2 | | development, review, and approval of the Agency's |
3 | | long-term renewable resources procurement plan described |
4 | | in subsection (c) of Section 1-75 of this Act and Section |
5 | | 16-111.5 of the Public Utilities Act. In the course of the |
6 | | Commission proceeding initiated to review and approve the |
7 | | plan, including the Illinois Solar for All Program |
8 | | proposed by the Agency, a party may propose an additional |
9 | | low-income solar or solar incentive program, or |
10 | | modifications to the programs proposed by the Agency, and |
11 | | the Commission may approve an additional program, or |
12 | | modifications to the Agency's proposed program, if the |
13 | | additional or modified program more effectively maximizes |
14 | | the benefits to low-income customers after taking into |
15 | | account all relevant factors, including, but not limited |
16 | | to, the extent to which a competitive market for |
17 | | low-income solar has developed. Following the Commission's |
18 | | approval of the Illinois Solar for All Program, the Agency |
19 | | or a party may propose adjustments to the program terms, |
20 | | conditions, and requirements, including the price offered |
21 | | to new systems, to ensure the long-term viability and |
22 | | success of the program. The Commission shall review and |
23 | | approve any modifications to the program through the plan |
24 | | revision process described in Section 16-111.5 of the |
25 | | Public Utilities Act. |
26 | | (5) The Agency shall issue a request for |
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1 | | qualifications for a third-party program administrator or |
2 | | administrators to administer all or a portion of the |
3 | | Illinois Solar for All Program. The third-party program |
4 | | administrator shall be chosen through a competitive bid |
5 | | process based on selection criteria and requirements |
6 | | developed by the Agency, including, but not limited to, |
7 | | experience in administering low-income energy programs and |
8 | | overseeing statewide clean energy or energy efficiency |
9 | | services. If the Agency retains a program administrator or |
10 | | administrators to implement all or a portion of the |
11 | | Illinois Solar for All Program, each administrator shall |
12 | | periodically submit reports to the Agency and Commission |
13 | | for each program that it administers, at appropriate |
14 | | intervals to be identified by the Agency in its long-term |
15 | | renewable resources procurement plan, provided that the |
16 | | reporting interval is at least quarterly. The third-party |
17 | | program administrator may be, but need not be, the same |
18 | | administrator as for the Adjustable Block program |
19 | | described in subparagraphs (K) through (M) of paragraph |
20 | | (1) of subsection (c) of Section 1-75. The Agency, through |
21 | | its long-term renewable resources procurement plan |
22 | | approval process, shall also determine if individual |
23 | | subprograms of the Illinois Solar for All Program are |
24 | | better served by a different or separate Program |
25 | | Administrator. |
26 | | The third-party administrator's responsibilities |
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1 | | shall also include facilitating placement for graduates of |
2 | | Illinois-based renewable energy-specific job training |
3 | | programs, including the Clean Jobs Workforce Network |
4 | | Program and the Illinois Climate Works Preapprenticeship |
5 | | Program administered by the Department of Commerce and |
6 | | Economic Opportunity and programs administered under |
7 | | Section 16-108.12 of the Public Utilities Act. To increase |
8 | | the uptake of trainees by participating firms, the |
9 | | administrator shall also develop a web-based clearinghouse |
10 | | for information available to both job training program |
11 | | graduates and firms participating, directly or indirectly, |
12 | | in Illinois solar incentive programs. The program |
13 | | administrator shall also coordinate its activities with |
14 | | entities implementing electric and natural gas |
15 | | income-qualified energy efficiency programs, including |
16 | | customer referrals to and from such programs, and connect |
17 | | prospective low-income solar customers with any existing |
18 | | deferred maintenance programs where applicable. |
19 | | (6) The long-term renewable resources procurement plan |
20 | | shall also provide for an independent evaluation of the |
21 | | Illinois Solar for All Program. At least every 2 years, |
22 | | the Agency shall select an independent evaluator to review |
23 | | and report on the Illinois Solar for All Program and the |
24 | | performance of the third-party program administrator of |
25 | | the Illinois Solar for All Program. The evaluation shall |
26 | | be based on objective criteria developed through a public |
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1 | | stakeholder process. The process shall include feedback |
2 | | and participation from Illinois Solar for All Program |
3 | | stakeholders, including participants and organizations in |
4 | | environmental justice and historically underserved |
5 | | communities. The report shall include a summary of the |
6 | | evaluation of the Illinois Solar for All Program based on |
7 | | the stakeholder developed objective criteria. The report |
8 | | shall include the number of projects installed; the total |
9 | | installed capacity in kilowatts; the average cost per |
10 | | kilowatt of installed capacity to the extent reasonably |
11 | | obtainable by the Agency; the number of jobs or job |
12 | | opportunities created; economic, social, and environmental |
13 | | benefits created; and the total administrative costs |
14 | | expended by the Agency and program administrator to |
15 | | implement and evaluate the program. The report shall be |
16 | | delivered to the Commission and posted on the Agency's |
17 | | website, and shall be used, as needed, to revise the |
18 | | Illinois Solar for All Program. The Commission shall also |
19 | | consider the results of the evaluation as part of its |
20 | | review of the long-term renewable resources procurement |
21 | | plan under subsection (c) of Section 1-75 of this Act. |
22 | | (7) If additional funding for the programs described |
23 | | in this subsection (b) is available under subsection (k) |
24 | | of Section 16-108 of the Public Utilities Act, then the |
25 | | Agency shall submit a procurement plan to the Commission |
26 | | no later than September 1, 2018, that proposes how the |
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1 | | Agency will procure programs on behalf of the applicable |
2 | | utility. After notice and hearing, the Commission shall |
3 | | approve, or approve with modification, the plan no later |
4 | | than November 1, 2018. |
5 | | (8) As part of the development and update of the
|
6 | | long-term renewable resources procurement plan authorized
|
7 | | by subsection (c) of Section 1-75 of this Act, the Agency
|
8 | | shall plan for: (A) actions to refer customers from the
|
9 | | Illinois Solar for All Program to electric and natural gas
|
10 | | income-qualified energy efficiency programs, and vice
|
11 | | versa, with the goal of increasing participation in both
|
12 | | of these programs; (B) effective procedures for data
|
13 | | sharing, as needed, to effectuate referrals between the
|
14 | | Illinois Solar for All Program and both electric and
|
15 | | natural gas income-qualified energy efficiency programs,
|
16 | | including sharing customer information directly with the
|
17 | | utilities, as needed and appropriate; and (C) efforts to
|
18 | | identify any existing deferred maintenance programs for
|
19 | | which prospective Solar for All Program customers may be |
20 | | eligible
and connect prospective customers for whom |
21 | | deferred
maintenance is or may be a barrier to solar |
22 | | installation
to those programs. |
23 | | As used in this subsection (b), "low-income households" |
24 | | means persons and families whose income does not exceed 80% of |
25 | | area median income, adjusted for family size and revised every |
26 | | 5 years. |
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1 | | For the purposes of this subsection (b), the Agency shall |
2 | | define "environmental justice community" based on the |
3 | | methodologies and findings established by the Agency and the |
4 | | Administrator for the Illinois Solar for All Program in its |
5 | | initial long-term renewable resources procurement plan and as |
6 | | updated by the Agency and the Administrator for the Illinois |
7 | | Solar for All Program as part of the long-term renewable |
8 | | resources procurement plan update development, to ensure, to |
9 | | the extent practicable, compatibility with other agencies' |
10 | | definitions and may, for guidance, look to the definitions |
11 | | used by federal, state, or local governments . |
12 | | (b-5) After the receipt of all payments required by |
13 | | Section 16-115D of the Public Utilities Act, no additional |
14 | | funds shall be deposited into the Illinois Power Agency |
15 | | Renewable Energy Resources Fund unless directed by order of |
16 | | the Commission. |
17 | | (b-10) After the receipt of all payments required by |
18 | | Section 16-115D of the Public Utilities Act and payment in |
19 | | full of all contracts executed by the Agency under subsections |
20 | | (b) and (i) of this Section, if the balance of the Illinois |
21 | | Power Agency Renewable Energy Resources Fund is under $5,000, |
22 | | then the Fund shall be inoperative and any remaining funds and |
23 | | any funds submitted to the Fund after that date, shall be |
24 | | transferred to the Supplemental Low-Income Energy Assistance |
25 | | Fund for use in the Low-Income Home Energy Assistance Program, |
26 | | as authorized by the Energy Assistance Act. |
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1 | | (c) (Blank). |
2 | | (d) (Blank). |
3 | | (e) All renewable energy credits procured using monies |
4 | | from the Illinois Power Agency Renewable Energy Resources Fund |
5 | | shall be permanently retired. |
6 | | (f) The selection of one or more third-party program |
7 | | managers or administrators, the selection of the independent |
8 | | evaluator, and the procurement processes described in this |
9 | | Section are exempt from the requirements of the Illinois |
10 | | Procurement Code, under Section 20-10 of that Code. |
11 | | (g) All disbursements from the Illinois Power Agency |
12 | | Renewable Energy Resources Fund shall be made only upon |
13 | | warrants of the Comptroller drawn upon the Treasurer as |
14 | | custodian of the Fund upon vouchers signed by the Director or |
15 | | by the person or persons designated by the Director for that |
16 | | purpose. The Comptroller is authorized to draw the warrant |
17 | | upon vouchers so signed. The Treasurer shall accept all |
18 | | warrants so signed and shall be released from liability for |
19 | | all payments made on those warrants. |
20 | | (h) The Illinois Power Agency Renewable Energy Resources |
21 | | Fund shall not be subject to sweeps, administrative charges, |
22 | | or chargebacks, including, but not limited to, those |
23 | | authorized under Section 8h of the State Finance Act, that |
24 | | would in any way result in the transfer of any funds from this |
25 | | Fund to any other fund of this State or in having any such |
26 | | funds utilized for any purpose other than the express purposes |
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1 | | set forth in this Section.
|
2 | | (h-5) The Agency may assess fees to each bidder to recover |
3 | | the costs incurred in connection with a procurement process |
4 | | held under this Section. Fees collected from bidders shall be |
5 | | deposited into the Renewable Energy Resources Fund. |
6 | | (i) Supplemental procurement process. |
7 | | (1) Within 90 days after the effective date of this |
8 | | amendatory Act of the 98th General Assembly, the Agency |
9 | | shall develop a one-time supplemental procurement plan |
10 | | limited to the procurement of renewable energy credits, if |
11 | | available, from new or existing photovoltaics, including, |
12 | | but not limited to, distributed photovoltaic generation. |
13 | | Nothing in this subsection (i) requires procurement of |
14 | | wind generation through the supplemental procurement. |
15 | | Renewable energy credits procured from new |
16 | | photovoltaics, including, but not limited to, distributed |
17 | | photovoltaic generation, under this subsection (i) must be |
18 | | procured from devices installed by a qualified person. In |
19 | | its supplemental procurement plan, the Agency shall |
20 | | establish contractually enforceable mechanisms for |
21 | | ensuring that the installation of new photovoltaics is |
22 | | performed by a qualified person. |
23 | | For the purposes of this paragraph (1), "qualified |
24 | | person" means a person who performs installations of |
25 | | photovoltaics, including, but not limited to, distributed |
26 | | photovoltaic generation, and who: (A) has completed an |
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1 | | apprenticeship as a journeyman electrician from a United |
2 | | States Department of Labor registered electrical |
3 | | apprenticeship and training program and received a |
4 | | certification of satisfactory completion; or (B) does not |
5 | | currently meet the criteria under clause (A) of this |
6 | | paragraph (1), but is enrolled in a United States |
7 | | Department of Labor registered electrical apprenticeship |
8 | | program, provided that the person is directly supervised |
9 | | by a person who meets the criteria under clause (A) of this |
10 | | paragraph (1); or (C) has obtained one of the following |
11 | | credentials in addition to attesting to satisfactory |
12 | | completion of at least 5 years or 8,000 hours of |
13 | | documented hands-on electrical experience: (i) a North |
14 | | American Board of Certified Energy Practitioners (NABCEP) |
15 | | Installer Certificate for Solar PV; (ii) an Underwriters |
16 | | Laboratories (UL) PV Systems Installer Certificate; (iii) |
17 | | an Electronics Technicians Association, International |
18 | | (ETAI) Level 3 PV Installer Certificate; or (iv) an |
19 | | Associate in Applied Science degree from an Illinois |
20 | | Community College Board approved community college program |
21 | | in renewable energy or a distributed generation |
22 | | technology. |
23 | | For the purposes of this paragraph (1), "directly |
24 | | supervised" means that there is a qualified person who |
25 | | meets the qualifications under clause (A) of this |
26 | | paragraph (1) and who is available for supervision and |
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1 | | consultation regarding the work performed by persons under |
2 | | clause (B) of this paragraph (1), including a final |
3 | | inspection of the installation work that has been directly |
4 | | supervised to ensure safety and conformity with applicable |
5 | | codes. |
6 | | For the purposes of this paragraph (1), "install" |
7 | | means the major activities and actions required to |
8 | | connect, in accordance with applicable building and |
9 | | electrical codes, the conductors, connectors, and all |
10 | | associated fittings, devices, power outlets, or |
11 | | apparatuses mounted at the premises that are directly |
12 | | involved in delivering energy to the premises' electrical |
13 | | wiring from the photovoltaics, including, but not limited |
14 | | to, to distributed photovoltaic generation. |
15 | | The renewable energy credits procured pursuant to the |
16 | | supplemental procurement plan shall be procured using up |
17 | | to $30,000,000 from the Illinois Power Agency Renewable |
18 | | Energy Resources Fund. The Agency shall not plan to use |
19 | | funds from the Illinois Power Agency Renewable Energy |
20 | | Resources Fund in excess of the monies on deposit in such |
21 | | fund or projected to be deposited into such fund. The |
22 | | supplemental procurement plan shall ensure adequate, |
23 | | reliable, affordable, efficient, and environmentally |
24 | | sustainable renewable energy resources (including credits) |
25 | | at the lowest total cost over time, taking into account |
26 | | any benefits of price stability. |
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1 | | To the extent available, 50% of the renewable energy |
2 | | credits procured from distributed renewable energy |
3 | | generation shall come from devices of less than 25 |
4 | | kilowatts in nameplate capacity. Procurement of renewable |
5 | | energy credits from distributed renewable energy |
6 | | generation devices shall be done through multi-year |
7 | | contracts of no less than 5 years. The Agency shall create |
8 | | credit requirements for counterparties. In order to |
9 | | minimize the administrative burden on contracting |
10 | | entities, the Agency shall solicit the use of third |
11 | | parties to aggregate distributed renewable energy. These |
12 | | third parties shall enter into and administer contracts |
13 | | with individual distributed renewable energy generation |
14 | | device owners. An individual distributed renewable energy |
15 | | generation device owner shall
have the ability to measure |
16 | | the output of his or her distributed renewable energy |
17 | | generation device. |
18 | | In developing the supplemental procurement plan, the |
19 | | Agency shall hold at least one workshop open to the public |
20 | | within 90 days after the effective date of this amendatory |
21 | | Act of the 98th General Assembly and shall consider any |
22 | | comments made by stakeholders or the public. Upon |
23 | | development of the supplemental procurement plan within |
24 | | this 90-day period, copies of the supplemental procurement |
25 | | plan shall be posted and made publicly available on the |
26 | | Agency's and Commission's websites. All interested parties |
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1 | | shall have 14 days following the date of posting to |
2 | | provide comment to the Agency on the supplemental |
3 | | procurement plan. All comments submitted to the Agency |
4 | | shall be specific, supported by data or other detailed |
5 | | analyses, and, if objecting to all or a portion of the |
6 | | supplemental procurement plan, accompanied by specific |
7 | | alternative wording or proposals. All comments shall be |
8 | | posted on the Agency's and Commission's websites. Within |
9 | | 14 days following the end of the 14-day review period, the |
10 | | Agency shall revise the supplemental procurement plan as |
11 | | necessary based on the comments received and file its |
12 | | revised supplemental procurement plan with the Commission |
13 | | for approval. |
14 | | (2) Within 5 days after the filing of the supplemental |
15 | | procurement plan at the Commission, any person objecting |
16 | | to the supplemental procurement plan shall file an |
17 | | objection with the Commission. Within 10 days after the |
18 | | filing, the Commission shall determine whether a hearing |
19 | | is necessary. The Commission shall enter its order |
20 | | confirming or modifying the supplemental procurement plan |
21 | | within 90 days after the filing of the supplemental |
22 | | procurement plan by the Agency. |
23 | | (3) The Commission shall approve the supplemental |
24 | | procurement plan of renewable energy credits to be |
25 | | procured from new or existing photovoltaics, including, |
26 | | but not limited to, distributed photovoltaic generation, |
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1 | | if the Commission determines that it will ensure adequate, |
2 | | reliable, affordable, efficient, and environmentally |
3 | | sustainable electric service in the form of renewable |
4 | | energy credits at the lowest total cost over time, taking |
5 | | into account any benefits of price stability. |
6 | | (4) The supplemental procurement process under this |
7 | | subsection (i) shall include each of the following |
8 | | components: |
9 | | (A) Procurement administrator. The Agency may |
10 | | retain a procurement administrator in the manner set |
11 | | forth in item (2) of subsection (a) of Section 1-75 of |
12 | | this Act to conduct the supplemental procurement or |
13 | | may elect to use the same procurement administrator |
14 | | administering the Agency's annual procurement under |
15 | | Section 1-75. |
16 | | (B) Procurement monitor. The procurement monitor |
17 | | retained by the Commission pursuant to Section |
18 | | 16-111.5 of the Public Utilities Act shall: |
19 | | (i) monitor interactions among the procurement |
20 | | administrator and bidders and suppliers; |
21 | | (ii) monitor and report to the Commission on |
22 | | the progress of the supplemental procurement |
23 | | process; |
24 | | (iii) provide an independent confidential |
25 | | report to the Commission regarding the results of |
26 | | the procurement events; |
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1 | | (iv) assess compliance with the procurement |
2 | | plan approved by the Commission for the |
3 | | supplemental procurement process; |
4 | | (v) preserve the confidentiality of supplier |
5 | | and bidding information in a manner consistent |
6 | | with all applicable laws, rules, regulations, and |
7 | | tariffs; |
8 | | (vi) provide expert advice to the Commission |
9 | | and consult with the procurement administrator |
10 | | regarding issues related to procurement process |
11 | | design, rules, protocols, and policy-related |
12 | | matters; |
13 | | (vii) consult with the procurement |
14 | | administrator regarding the development and use of |
15 | | benchmark criteria, standard form contracts, |
16 | | credit policies, and bid documents; and |
17 | | (viii) perform, with respect to the |
18 | | supplemental procurement process, any other |
19 | | procurement monitor duties specifically delineated |
20 | | within subsection (i) of this Section. |
21 | | (C) Solicitation, pre-qualification, and |
22 | | registration of bidders. The procurement administrator |
23 | | shall disseminate information to potential bidders to |
24 | | promote a procurement event, notify potential bidders |
25 | | that the procurement administrator may enter into a |
26 | | post-bid price negotiation with bidders that meet the |
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1 | | applicable benchmarks, provide supply requirements, |
2 | | and otherwise explain the competitive procurement |
3 | | process. In addition to such other publication as the |
4 | | procurement administrator determines is appropriate, |
5 | | this information shall be posted on the Agency's and |
6 | | the Commission's websites. The procurement |
7 | | administrator shall also administer the |
8 | | prequalification process, including evaluation of |
9 | | credit worthiness, compliance with procurement rules, |
10 | | and agreement to the standard form contract developed |
11 | | pursuant to item (D) of this paragraph (4). The |
12 | | procurement administrator shall then identify and |
13 | | register bidders to participate in the procurement |
14 | | event. |
15 | | (D) Standard contract forms and credit terms and |
16 | | instruments. The procurement administrator, in |
17 | | consultation with the Agency, the Commission, and |
18 | | other interested parties and subject to Commission |
19 | | oversight, shall develop and provide standard contract |
20 | | forms for the supplier contracts that meet generally |
21 | | accepted industry practices as well as include any |
22 | | applicable State of Illinois terms and conditions that |
23 | | are required for contracts entered into by an agency |
24 | | of the State of Illinois. Standard credit terms and |
25 | | instruments that meet generally accepted industry |
26 | | practices shall be similarly developed. Contracts for |
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1 | | new photovoltaics shall include a provision attesting |
2 | | that the supplier will use a qualified person for the |
3 | | installation of the device pursuant to paragraph (1) |
4 | | of subsection (i) of this Section. The procurement |
5 | | administrator shall make available to the Commission |
6 | | all written comments it receives on the contract |
7 | | forms,
credit terms, or instruments. If the |
8 | | procurement administrator cannot reach agreement with |
9 | | the parties as to the contract terms and conditions, |
10 | | the procurement administrator must notify the |
11 | | Commission of any disputed terms and the Commission |
12 | | shall resolve the dispute. The terms of the contracts |
13 | | shall not be subject to negotiation by winning |
14 | | bidders, and the bidders must agree to the terms of the |
15 | | contract in advance so that winning bids are selected |
16 | | solely on the basis of price. |
17 | | (E) Requests for proposals; competitive |
18 | | procurement process. The procurement administrator |
19 | | shall design and issue requests for proposals to |
20 | | supply renewable energy credits in accordance with the |
21 | | supplemental procurement plan, as approved by the |
22 | | Commission. The requests for proposals shall set forth |
23 | | a procedure for sealed, binding commitment bidding |
24 | | with pay-as-bid settlement, and provision for |
25 | | selection of bids on the basis of price, provided, |
26 | | however, that no bid shall be accepted if it exceeds |
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1 | | the benchmark developed pursuant to item (F) of this |
2 | | paragraph (4). |
3 | | (F) Benchmarks. Benchmarks for each product to be |
4 | | procured shall be developed by the procurement |
5 | | administrator in consultation with Commission staff, |
6 | | the Agency, and the procurement monitor for use in |
7 | | this supplemental procurement. |
8 | | (G) A plan for implementing contingencies in the |
9 | | event of supplier default, Commission rejection of |
10 | | results, or any other cause. |
11 | | (5) Within 2 business days after opening the sealed |
12 | | bids, the procurement administrator shall submit a |
13 | | confidential report to the Commission. The report shall |
14 | | contain the results of the bidding for each of the |
15 | | products along with the procurement administrator's |
16 | | recommendation for the acceptance and rejection of bids |
17 | | based on the price benchmark criteria and other factors |
18 | | observed in the process. The procurement monitor also |
19 | | shall submit a confidential report to the Commission |
20 | | within 2 business days after opening the sealed bids. The |
21 | | report shall contain the procurement monitor's assessment |
22 | | of bidder behavior in the process as well as an assessment |
23 | | of the procurement administrator's compliance with the |
24 | | procurement process and rules. The Commission shall review |
25 | | the confidential reports submitted by the procurement |
26 | | administrator and procurement monitor and shall accept or |
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1 | | reject the recommendations of the procurement |
2 | | administrator within 2 business days after receipt of the |
3 | | reports. |
4 | | (6) Within 3 business days after the Commission |
5 | | decision approving the results of a procurement event, the |
6 | | Agency shall enter into binding contractual arrangements |
7 | | with the winning suppliers using the standard form |
8 | | contracts. |
9 | | (7) The names of the successful bidders and the |
10 | | average of the winning bid prices for each contract type |
11 | | and for each contract term shall be made available to the |
12 | | public within 2 days after the supplemental procurement |
13 | | event. The Commission, the procurement monitor, the |
14 | | procurement administrator, the Agency, and all |
15 | | participants in the procurement process shall maintain the |
16 | | confidentiality of all other supplier and bidding |
17 | | information in a manner consistent with all applicable |
18 | | laws, rules, regulations, and tariffs. Confidential |
19 | | information, including the confidential reports submitted |
20 | | by the procurement administrator and procurement monitor |
21 | | pursuant to this Section, shall not be made publicly |
22 | | available and shall not be discoverable by any party in |
23 | | any proceeding, absent a compelling demonstration of need, |
24 | | nor shall those reports be admissible in any proceeding |
25 | | other than one for law enforcement purposes. |
26 | | (8) The supplemental procurement provided in this |
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1 | | subsection (i) shall not be subject to the requirements |
2 | | and limitations of subsections (c) and (d) of this |
3 | | Section. |
4 | | (9) Expenses incurred in connection with the |
5 | | procurement process held pursuant to this Section, |
6 | | including, but not limited to, the cost of developing the |
7 | | supplemental procurement plan, the procurement |
8 | | administrator, procurement monitor, and the cost of the |
9 | | retirement of renewable energy credits purchased pursuant |
10 | | to the supplemental procurement shall be paid for from the |
11 | | Illinois Power Agency Renewable Energy Resources Fund. The |
12 | | Agency shall enter into an interagency agreement with the |
13 | | Commission to reimburse the Commission for its costs |
14 | | associated with the procurement monitor for the |
15 | | supplemental procurement process. |
16 | | (Source: P.A. 98-672, eff. 6-30-14; 99-906, eff. 6-1-17 .) |
17 | | (20 ILCS 3855/1-70)
|
18 | | Sec. 1-70. Agency officials. |
19 | | (a) The Agency shall have a Director who meets the |
20 | | qualifications specified in Section 5-222 of the Civil |
21 | | Administrative Code of Illinois. |
22 | | (b) Within the Illinois Power Agency, the Agency shall |
23 | | establish a Planning and Procurement Bureau and may establish |
24 | | a Resource Development Bureau. Each Bureau shall report to the |
25 | | Director. |
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1 | | (c) The Chief of the Planning and Procurement Bureau shall |
2 | | be appointed by the Director, at the Director's sole |
3 | | discretion, and (i) shall have at least 5 years of direct |
4 | | experience in electricity supply planning and procurement and |
5 | | (ii) shall also hold an advanced degree in risk management, |
6 | | law, business, or a related field. |
7 | | (d) The Chief of the Resource Development Bureau may be |
8 | | appointed by the Director and (i) shall have at least 5 years |
9 | | of direct experience in electric generating project |
10 | | development and (ii) shall also hold an advanced degree in |
11 | | economics, engineering, law, business, or a related field. |
12 | | (e) For terms ending before December 31, 2019, the |
13 | | Director shall receive an annual salary of $100,000 or as set |
14 | | by the Executive Ethics Commission based on a review of |
15 | | comparable State agency director salaries, whichever is |
16 | | higher. No annual salary for the Director or a Bureau Chief |
17 | | shall exceed the amount of salary set by law for the Governor |
18 | | that is in effect on July 1 of that fiscal year. Compensation |
19 | | Review Board, whichever is higher. For terms ending before |
20 | | December 31, 2019, the Bureau Chiefs shall each receive an |
21 | | annual salary of $85,000 or as set by the Compensation Review |
22 | | Board, whichever is higher. For terms beginning after the |
23 | | effective date of this amendatory Act of the 100th General |
24 | | Assembly, the annual salaries for the Director and the Bureau |
25 | | Chiefs shall be an amount equal to 15% more than the respective |
26 | | position's annual salary as of December 31, 2018. The |
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1 | | calculation of the 2018 salary base for this adjustment shall |
2 | | not include any cost of living adjustments, as authorized by |
3 | | Senate Joint Resolution 192 of the 86th General Assembly, for |
4 | | the period beginning July 1, 2009 to June 30, 2019. Beginning |
5 | | July 1, 2019 and each July 1 thereafter, the Director and the |
6 | | Bureau Chiefs shall receive an increase in salary based on a |
7 | | cost of living adjustment as authorized by Senate Joint |
8 | | Resolution 192 of the 86th General Assembly. |
9 | | (f) The Director and Bureau Chiefs shall not, for 2 years |
10 | | prior to appointment or for 2 years after he or she leaves his |
11 | | or her position, be employed by an electric utility, |
12 | | independent power producer, power marketer, or alternative |
13 | | retail electric supplier regulated by the Commission or the |
14 | | Federal Energy Regulatory Commission. |
15 | | (g) The Director and Bureau Chiefs are prohibited from: |
16 | | (i) owning, directly or indirectly, 5% or more of the voting |
17 | | capital stock of an electric utility, independent power |
18 | | producer, power marketer, or alternative retail electric |
19 | | supplier; (ii) being in any chain of successive ownership of |
20 | | 5% or more of the voting capital stock of any electric utility, |
21 | | independent power producer, power marketer, or alternative |
22 | | retail electric supplier; (iii) receiving any form of |
23 | | compensation, fee, payment, or other consideration from an |
24 | | electric utility, independent power producer, power marketer, |
25 | | or alternative retail electric supplier, including legal fees, |
26 | | consulting fees, bonuses, or other sums. These limitations do |
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1 | | not apply to any compensation received pursuant to a defined |
2 | | benefit plan or other form of deferred compensation, provided |
3 | | that the individual has otherwise severed all ties to the |
4 | | utility, power producer, power marketer, or alternative retail |
5 | | electric supplier.
|
6 | | (Source: P.A. 99-536, eff. 7-8-16; 100-1179, eff. 1-18-19.) |
7 | | (20 ILCS 3855/1-75) |
8 | | Sec. 1-75. Planning and Procurement Bureau. The Planning |
9 | | and Procurement Bureau has the following duties and |
10 | | responsibilities: |
11 | | (a) The Planning and Procurement Bureau shall each year, |
12 | | beginning in 2008, develop procurement plans and conduct |
13 | | competitive procurement processes in accordance with the |
14 | | requirements of Section 16-111.5 of the Public Utilities Act |
15 | | for the eligible retail customers of electric utilities that |
16 | | on December 31, 2005 provided electric service to at least |
17 | | 100,000 customers in Illinois. Beginning with the delivery |
18 | | year commencing on June 1, 2017, the Planning and Procurement |
19 | | Bureau shall develop plans and processes for the procurement |
20 | | of zero emission credits from zero emission facilities in |
21 | | accordance with the requirements of subsection (d-5) of this |
22 | | Section. Beginning on the effective date of this amendatory |
23 | | Act of the 102nd General Assembly, the Planning and |
24 | | Procurement Bureau shall develop plans and processes for the |
25 | | procurement of carbon mitigation credits from carbon-free |
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1 | | energy resources in accordance with the requirements of |
2 | | subsection (d-10) of this Section. The Planning and |
3 | | Procurement Bureau shall also develop procurement plans and |
4 | | conduct competitive procurement processes in accordance with |
5 | | the requirements of Section 16-111.5 of the Public Utilities |
6 | | Act for the eligible retail customers of small |
7 | | multi-jurisdictional electric utilities that (i) on December |
8 | | 31, 2005 served less than 100,000 customers in Illinois and |
9 | | (ii) request a procurement plan for their Illinois |
10 | | jurisdictional load. This Section shall not apply to a small |
11 | | multi-jurisdictional utility until such time as a small |
12 | | multi-jurisdictional utility requests the Agency to prepare a |
13 | | procurement plan for their Illinois jurisdictional load. For |
14 | | the purposes of this Section, the term "eligible retail |
15 | | customers" has the same definition as found in Section |
16 | | 16-111.5(a) of the Public Utilities Act. |
17 | | Beginning with the plan or plans to be implemented in the |
18 | | 2017 delivery year, the Agency shall no longer include the |
19 | | procurement of renewable energy resources in the annual |
20 | | procurement plans required by this subsection (a), except as |
21 | | provided in subsection (q) of Section 16-111.5 of the Public |
22 | | Utilities Act, and shall instead develop a long-term renewable |
23 | | resources procurement plan in accordance with subsection (c) |
24 | | of this Section and Section 16-111.5 of the Public Utilities |
25 | | Act. |
26 | | In accordance with subsection (c-5) of this Section, the |
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1 | | Planning and Procurement Bureau shall oversee the procurement |
2 | | by electric utilities that served more than 300,000 retail |
3 | | customers in this State as of January 1, 2019 of renewable |
4 | | energy credits from new utility-scale solar projects to be |
5 | | installed, along with energy storage facilities, at or |
6 | | adjacent to the sites of electric generating facilities that, |
7 | | as of January 1, 2016, burned coal as their primary fuel |
8 | | source. |
9 | | (1) The Agency shall each year, beginning in 2008, as |
10 | | needed, issue a request for qualifications for experts or |
11 | | expert consulting firms to develop the procurement plans |
12 | | in accordance with Section 16-111.5 of the Public |
13 | | Utilities Act. In order to qualify an expert or expert |
14 | | consulting firm must have: |
15 | | (A) direct previous experience assembling |
16 | | large-scale power supply plans or portfolios for |
17 | | end-use customers; |
18 | | (B) an advanced degree in economics, mathematics, |
19 | | engineering, risk management, or a related area of |
20 | | study; |
21 | | (C) 10 years of experience in the electricity |
22 | | sector, including managing supply risk; |
23 | | (D) expertise in wholesale electricity market |
24 | | rules, including those established by the Federal |
25 | | Energy Regulatory Commission and regional transmission |
26 | | organizations; |
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1 | | (E) expertise in credit protocols and familiarity |
2 | | with contract protocols; |
3 | | (F) adequate resources to perform and fulfill the |
4 | | required functions and responsibilities; and |
5 | | (G) the absence of a conflict of interest and |
6 | | inappropriate bias for or against potential bidders or |
7 | | the affected electric utilities. |
8 | | (2) The Agency shall each year, as needed, issue a |
9 | | request for qualifications for a procurement administrator |
10 | | to conduct the competitive procurement processes in |
11 | | accordance with Section 16-111.5 of the Public Utilities |
12 | | Act. In order to qualify an expert or expert consulting |
13 | | firm must have: |
14 | | (A) direct previous experience administering a |
15 | | large-scale competitive procurement process; |
16 | | (B) an advanced degree in economics, mathematics, |
17 | | engineering, or a related area of study; |
18 | | (C) 10 years of experience in the electricity |
19 | | sector, including risk management experience; |
20 | | (D) expertise in wholesale electricity market |
21 | | rules, including those established by the Federal |
22 | | Energy Regulatory Commission and regional transmission |
23 | | organizations; |
24 | | (E) expertise in credit and contract protocols; |
25 | | (F) adequate resources to perform and fulfill the |
26 | | required functions and responsibilities; and |
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1 | | (G) the absence of a conflict of interest and |
2 | | inappropriate bias for or against potential bidders or |
3 | | the affected electric utilities. |
4 | | (3) The Agency shall provide affected utilities and |
5 | | other interested parties with the lists of qualified |
6 | | experts or expert consulting firms identified through the |
7 | | request for qualifications processes that are under |
8 | | consideration to develop the procurement plans and to |
9 | | serve as the procurement administrator. The Agency shall |
10 | | also provide each qualified expert's or expert consulting |
11 | | firm's response to the request for qualifications. All |
12 | | information provided under this subparagraph shall also be |
13 | | provided to the Commission. The Agency may provide by rule |
14 | | for fees associated with supplying the information to |
15 | | utilities and other interested parties. These parties |
16 | | shall, within 5 business days, notify the Agency in |
17 | | writing if they object to any experts or expert consulting |
18 | | firms on the lists. Objections shall be based on: |
19 | | (A) failure to satisfy qualification criteria; |
20 | | (B) identification of a conflict of interest; or |
21 | | (C) evidence of inappropriate bias for or against |
22 | | potential bidders or the affected utilities. |
23 | | The Agency shall remove experts or expert consulting |
24 | | firms from the lists within 10 days if there is a |
25 | | reasonable basis for an objection and provide the updated |
26 | | lists to the affected utilities and other interested |
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1 | | parties. If the Agency fails to remove an expert or expert |
2 | | consulting firm from a list, an objecting party may seek |
3 | | review by the Commission within 5 days thereafter by |
4 | | filing a petition, and the Commission shall render a |
5 | | ruling on the petition within 10 days. There is no right of |
6 | | appeal of the Commission's ruling. |
7 | | (4) The Agency shall issue requests for proposals to |
8 | | the qualified experts or expert consulting firms to |
9 | | develop a procurement plan for the affected utilities and |
10 | | to serve as procurement administrator. |
11 | | (5) The Agency shall select an expert or expert |
12 | | consulting firm to develop procurement plans based on the |
13 | | proposals submitted and shall award contracts of up to 5 |
14 | | years to those selected. |
15 | | (6) The Agency shall select an expert or expert |
16 | | consulting firm, with approval of the Commission, to serve |
17 | | as procurement administrator based on the proposals |
18 | | submitted. If the Commission rejects, within 5 days, the |
19 | | Agency's selection, the Agency shall submit another |
20 | | recommendation within 3 days based on the proposals |
21 | | submitted. The Agency shall award a 5-year contract to the |
22 | | expert or expert consulting firm so selected with |
23 | | Commission approval. |
24 | | (b) The experts or expert consulting firms retained by the |
25 | | Agency shall, as appropriate, prepare procurement plans, and |
26 | | conduct a competitive procurement process as prescribed in |
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1 | | Section 16-111.5 of the Public Utilities Act, to ensure |
2 | | adequate, reliable, affordable, efficient, and environmentally |
3 | | sustainable electric service at the lowest total cost over |
4 | | time, taking into account any benefits of price stability, for |
5 | | eligible retail customers of electric utilities that on |
6 | | December 31, 2005 provided electric service to at least |
7 | | 100,000 customers in the State of Illinois, and for eligible |
8 | | Illinois retail customers of small multi-jurisdictional |
9 | | electric utilities that (i) on December 31, 2005 served less |
10 | | than 100,000 customers in Illinois and (ii) request a |
11 | | procurement plan for their Illinois jurisdictional load. |
12 | | (c) Renewable portfolio standard. |
13 | | (1)(A) The Agency shall develop a long-term renewable |
14 | | resources procurement plan that shall include procurement |
15 | | programs and competitive procurement events necessary to |
16 | | meet the goals set forth in this subsection (c). The |
17 | | initial long-term renewable resources procurement plan |
18 | | shall be released for comment no later than 160 days after |
19 | | June 1, 2017 (the effective date of Public Act 99-906). |
20 | | The Agency shall review, and may revise on an expedited |
21 | | basis, the long-term renewable resources procurement plan |
22 | | at least every 2 years, which shall be conducted in |
23 | | conjunction with the procurement plan under Section |
24 | | 16-111.5 of the Public Utilities Act to the extent |
25 | | practicable to minimize administrative expense. No later |
26 | | than 120 days after the effective date of this amendatory |
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1 | | Act of the 102nd General Assembly, the Agency shall |
2 | | release for comment a revision to the long-term renewable |
3 | | resources procurement plan, updating elements of the most |
4 | | recently approved plan as needed to comply with this |
5 | | amendatory Act of the 102nd General Assembly, and any |
6 | | long-term renewable resources procurement plan update |
7 | | published by the Agency but not yet approved by the |
8 | | Illinois Commerce Commission shall be withdrawn. The |
9 | | long-term renewable resources procurement plans shall be |
10 | | subject to review and approval by the Commission under |
11 | | Section 16-111.5 of the Public Utilities Act. |
12 | | (B) Subject to subparagraph (F) of this paragraph (1), |
13 | | the long-term renewable resources procurement plan shall |
14 | | attempt to meet include the goals for procurement of |
15 | | renewable energy credits at levels of to meet at least the |
16 | | following overall percentages: 13% by the 2017 delivery |
17 | | year; increasing by at least 1.5% each delivery year |
18 | | thereafter to at least 25% by the 2025 delivery year; |
19 | | increasing by at least 3% each delivery year thereafter to |
20 | | at least 40% by the 2030 delivery year, and continuing at |
21 | | no less than 40% 25% for each delivery year thereafter. |
22 | | The Agency shall attempt to procure 50% by delivery year |
23 | | 2040. The Agency shall determine the annual increase |
24 | | between delivery year 2030 and delivery year 2040, if any, |
25 | | taking into account energy demand, other energy resources, |
26 | | and other public policy goals. In the event of a conflict |
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1 | | between these goals and the new wind and new photovoltaic |
2 | | procurement requirements described in items (i) through |
3 | | (iii) of subparagraph (C) of this paragraph (1), the |
4 | | long-term plan shall prioritize compliance with the new |
5 | | wind and new photovoltaic procurement requirements |
6 | | described in items (i) through (iii) of subparagraph (C) |
7 | | of this paragraph (1) over the annual percentage targets |
8 | | described in this subparagraph (B). The Agency shall not |
9 | | comply with the annual percentage targets described in |
10 | | this subparagraph (B) by procuring renewable energy |
11 | | credits that are unlikely to lead to the development of |
12 | | new renewable resources. |
13 | | For the delivery year beginning June 1, 2017, the |
14 | | procurement plan shall attempt to include , subject to the |
15 | | prioritization outlined in this subparagraph (B), |
16 | | cost-effective renewable energy resources equal to at |
17 | | least 13% of each utility's load for eligible retail |
18 | | customers and 13% of the applicable portion of each |
19 | | utility's load for retail customers who are not eligible |
20 | | retail customers, which applicable portion shall equal 50% |
21 | | of the utility's load for retail customers who are not |
22 | | eligible retail customers on February 28, 2017. |
23 | | For the delivery year beginning June 1, 2018, the |
24 | | procurement plan shall attempt to include , subject to the |
25 | | prioritization outlined in this subparagraph (B), |
26 | | cost-effective renewable energy resources equal to at |
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1 | | least 14.5% of each utility's load for eligible retail |
2 | | customers and 14.5% of the applicable portion of each |
3 | | utility's load for retail customers who are not eligible |
4 | | retail customers, which applicable portion shall equal 75% |
5 | | of the utility's load for retail customers who are not |
6 | | eligible retail customers on February 28, 2017. |
7 | | For the delivery year beginning June 1, 2019, and for |
8 | | each year thereafter, the procurement plans shall attempt |
9 | | to include , subject to the prioritization outlined in this |
10 | | subparagraph (B), cost-effective renewable energy |
11 | | resources equal to a minimum percentage of each utility's |
12 | | load for all retail customers as follows: 16% by June 1, |
13 | | 2019; increasing by 1.5% each year thereafter to 25% by |
14 | | June 1, 2025; and 25% by June 1, 2026 ; increasing by at |
15 | | least 3% each delivery year thereafter to at least 40% by |
16 | | the 2030 delivery year, and continuing at no less than 40% |
17 | | for each delivery year thereafter. The Agency shall |
18 | | attempt to procure 50% by delivery year 2040. The Agency |
19 | | shall determine the annual increase between delivery year |
20 | | 2030 and delivery year 2040, if any, taking into account |
21 | | energy demand, other energy resources, and other public |
22 | | policy goals. |
23 | | For each delivery year, the Agency shall first |
24 | | recognize each utility's obligations for that delivery |
25 | | year under existing contracts. Any renewable energy |
26 | | credits under existing contracts, including renewable |
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1 | | energy credits as part of renewable energy resources, |
2 | | shall be used to meet the goals set forth in this |
3 | | subsection (c) for the delivery year. |
4 | | (C) Of the renewable energy credits procured under |
5 | | this subsection (c), at least 75% shall come from wind and |
6 | | photovoltaic projects. The long-term renewable resources |
7 | | procurement plan described in subparagraph (A) of this |
8 | | paragraph (1) shall include the procurement of renewable |
9 | | energy credits from new projects in amounts equal to at |
10 | | least the following: |
11 | | (i) 10,000,000 renewable energy credits delivered |
12 | | annually by the end of the 2021 delivery year, and |
13 | | increasing ratably to reach 45,000,000 renewable |
14 | | energy credits delivered annually from new wind and |
15 | | solar projects by the end of delivery year 2030 such |
16 | | that the goals in subparagraph (B) of this paragraph |
17 | | (1) are met entirely by procurements of renewable |
18 | | energy credits from new wind and photovoltaic |
19 | | projects. Of By the end of the 2020 delivery year: At |
20 | | least 2,000,000 renewable energy credits for each |
21 | | delivery year shall come from new wind projects; and |
22 | | At least 2,000,000 renewable energy credits for each |
23 | | delivery year shall come from new photovoltaic |
24 | | projects; of that amount, to the extent possible, the |
25 | | Agency shall procure 45% from wind projects and 55% |
26 | | from photovoltaic projects. Of the amount to be |
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1 | | procured from photovoltaic projects, the Agency shall |
2 | | procure : at least 50% from solar photovoltaic projects |
3 | | using the program outlined in subparagraph (K) of this |
4 | | paragraph (1) from distributed renewable energy |
5 | | generation devices or community renewable generation |
6 | | projects; at least 47% 40% from utility-scale solar |
7 | | projects; at least 3% 2% from brownfield site |
8 | | photovoltaic projects that are not community renewable |
9 | | generation projects ; and the remainder shall be |
10 | | determined through the long-term planning process |
11 | | described in subparagraph (A) of this paragraph (1) . |
12 | | In developing the long-term renewable resources |
13 | | procurement plan, the Agency shall consider other |
14 | | approaches, in addition to competitive procurements, |
15 | | that can be used to procure renewable energy credits |
16 | | from brownfield site photovoltaic projects and thereby |
17 | | help return blighted or contaminated land to |
18 | | productive use while enhancing public health and the |
19 | | well-being of Illinois residents, including those in |
20 | | environmental justice communities, as defined using |
21 | | existing methodologies and findings used by the Agency |
22 | | and its Administrator in its Illinois Solar for All |
23 | | Program. |
24 | | (ii) In any given delivery year, if forecasted |
25 | | expenses are less than the maximum budget available |
26 | | under subparagraph (E) of this paragraph (1), the |
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1 | | Agency shall continue to procure new renewable energy |
2 | | credits until that budget is exhausted in the manner |
3 | | outlined in item (i) of this subparagraph (C). By the |
4 | | end of the 2025 delivery year: |
5 | | At least 3,000,000 renewable energy credits |
6 | | for each delivery year shall come from new wind |
7 | | projects; and |
8 | | At least 3,000,000 renewable energy credits |
9 | | for each delivery year shall come from new |
10 | | photovoltaic projects; of that amount, to the |
11 | | extent possible, the Agency shall procure: at |
12 | | least 50% from solar photovoltaic projects using |
13 | | the program outlined in subparagraph (K) of this |
14 | | paragraph (1) from distributed renewable energy |
15 | | devices or community renewable generation |
16 | | projects; at least 40% from utility-scale solar |
17 | | projects; at least 2% from brownfield site |
18 | | photovoltaic projects that are not community |
19 | | renewable generation projects; and the remainder |
20 | | shall be determined through the long-term planning |
21 | | process described in subparagraph (A) of this |
22 | | paragraph (1). |
23 | | (iii) By the end of the 2030 delivery year: |
24 | | At least 4,000,000 renewable energy credits |
25 | | for each delivery year shall come from new wind |
26 | | projects; and |
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1 | | At least 4,000,000 renewable energy credits |
2 | | for each delivery year shall come from new |
3 | | photovoltaic projects; of that amount, to the |
4 | | extent possible, the Agency shall procure: at |
5 | | least 50% from solar photovoltaic projects using |
6 | | the program outlined in subparagraph (K) of this |
7 | | paragraph (1) from distributed renewable energy |
8 | | devices or community renewable generation |
9 | | projects; at least 40% from utility-scale solar |
10 | | projects; at least 2% from brownfield site |
11 | | photovoltaic projects that are not community |
12 | | renewable generation projects; and the remainder |
13 | | shall be determined through the long-term planning |
14 | | process described in subparagraph (A) of this |
15 | | paragraph (1). |
16 | | (iii) For purposes of this Section: |
17 | | "New wind projects" means wind renewable energy |
18 | | facilities that are energized after June 1, 2017 for |
19 | | the delivery year commencing June 1, 2017 or within 3 |
20 | | years after the date the Commission approves contracts |
21 | | for subsequent delivery years . |
22 | | "New photovoltaic projects" means photovoltaic |
23 | | renewable energy facilities that are energized after |
24 | | June 1, 2017. Photovoltaic projects developed under |
25 | | Section 1-56 of this Act shall not apply towards the |
26 | | new photovoltaic project requirements in this |
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1 | | subparagraph (C). |
2 | | For purposes of calculating whether the Agency has |
3 | | procured enough new wind and solar renewable energy |
4 | | credits required by this subparagraph (C), renewable |
5 | | energy facilities that have a multi-year renewable |
6 | | energy credit delivery contract with the utility |
7 | | through at least delivery year 2030 shall be |
8 | | considered new, however no renewable energy credits |
9 | | from contracts entered into before June 1, 2021 shall |
10 | | be used to calculate whether the Agency has procured |
11 | | the correct proportion of new wind and new solar |
12 | | contracts described in this subparagraph (C) for |
13 | | delivery year 2021 and thereafter. |
14 | | (D) Renewable energy credits shall be cost effective. |
15 | | For purposes of this subsection (c), "cost effective" |
16 | | means that the costs of procuring renewable energy |
17 | | resources do not cause the limit stated in subparagraph |
18 | | (E) of this paragraph (1) to be exceeded and, for |
19 | | renewable energy credits procured through a competitive |
20 | | procurement event, do not exceed benchmarks based on |
21 | | market prices for like products in the region. For |
22 | | purposes of this subsection (c), "like products" means |
23 | | contracts for renewable energy credits from the same or |
24 | | substantially similar technology, same or substantially |
25 | | similar vintage (new or existing), the same or |
26 | | substantially similar quantity, and the same or |
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1 | | substantially similar contract length and structure. |
2 | | Benchmarks shall reflect development, financing, or |
3 | | related costs resulting from requirements imposed through |
4 | | other provisions of State law, including, but not limited |
5 | | to, requirements in subparagraphs (P) and (Q) of this |
6 | | paragraph (1) and the Renewable Energy Facilities |
7 | | Agricultural Impact Mitigation Act. Confidential |
8 | | benchmarks Benchmarks shall be developed by the |
9 | | procurement administrator, in consultation with the |
10 | | Commission staff, Agency staff, and the procurement |
11 | | monitor and shall be subject to Commission review and |
12 | | approval. If price benchmarks for like products in the |
13 | | region are not available, the procurement administrator |
14 | | shall establish price benchmarks based on publicly |
15 | | available data on regional technology costs and expected |
16 | | current and future regional energy prices. The benchmarks |
17 | | in this Section shall not be used to curtail or otherwise |
18 | | reduce contractual obligations entered into by or through |
19 | | the Agency prior to June 1, 2017 (the effective date of |
20 | | Public Act 99-906). |
21 | | (E) For purposes of this subsection (c), the required |
22 | | procurement of cost-effective renewable energy resources |
23 | | for a particular year commencing prior to June 1, 2017 |
24 | | shall be measured as a percentage of the actual amount of |
25 | | electricity (megawatt-hours) supplied by the electric |
26 | | utility to eligible retail customers in the delivery year |
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1 | | ending immediately prior to the procurement, and, for |
2 | | delivery years commencing on and after June 1, 2017, the |
3 | | required procurement of cost-effective renewable energy |
4 | | resources for a particular year shall be measured as a |
5 | | percentage of the actual amount of electricity |
6 | | (megawatt-hours) delivered by the electric utility in the |
7 | | delivery year ending immediately prior to the procurement, |
8 | | to all retail customers in its service territory. For |
9 | | purposes of this subsection (c), the amount paid per |
10 | | kilowatthour means the total amount paid for electric |
11 | | service expressed on a per kilowatthour basis. For |
12 | | purposes of this subsection (c), the total amount paid for |
13 | | electric service includes without limitation amounts paid |
14 | | for supply, transmission, capacity, distribution, |
15 | | surcharges, and add-on taxes. |
16 | | Notwithstanding the requirements of this subsection |
17 | | (c), the total of renewable energy resources procured |
18 | | under the procurement plan for any single year shall be |
19 | | subject to the limitations of this subparagraph (E). Such |
20 | | procurement shall be reduced for all retail customers |
21 | | based on the amount necessary to limit the annual |
22 | | estimated average net increase due to the costs of these |
23 | | resources included in the amounts paid by eligible retail |
24 | | customers in connection with electric service to no more |
25 | | than 4.25% the greater of 2.015% of the amount paid per |
26 | | kilowatthour by those customers during the year ending May |
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1 | | 31, 2009 2007 or the incremental amount per kilowatthour |
2 | | paid for these resources in 2011 . To arrive at a maximum |
3 | | dollar amount of renewable energy resources to be procured |
4 | | for the particular delivery year, the resulting per |
5 | | kilowatthour amount shall be applied to the actual amount |
6 | | of kilowatthours of electricity delivered, or applicable |
7 | | portion of such amount as specified in paragraph (1) of |
8 | | this subsection (c), as applicable, by the electric |
9 | | utility in the delivery year immediately prior to the |
10 | | procurement to all retail customers in its service |
11 | | territory. The calculations required by this subparagraph |
12 | | (E) shall be made only once for each delivery year at the |
13 | | time that the renewable energy resources are procured. |
14 | | Once the determination as to the amount of renewable |
15 | | energy resources to procure is made based on the |
16 | | calculations set forth in this subparagraph (E) and the |
17 | | contracts procuring those amounts are executed, no |
18 | | subsequent rate impact determinations shall be made and no |
19 | | adjustments to those contract amounts shall be allowed. |
20 | | All costs incurred under such contracts shall be fully |
21 | | recoverable by the electric utility as provided in this |
22 | | Section. |
23 | | (F) If the limitation on the amount of renewable |
24 | | energy resources procured in subparagraph (E) of this |
25 | | paragraph (1) prevents the Agency from meeting all of the |
26 | | goals in this subsection (c), the Agency's long-term plan |
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1 | | shall prioritize compliance with the requirements of this |
2 | | subsection (c) regarding renewable energy credits in the |
3 | | following order: |
4 | | (i) renewable energy credits under existing |
5 | | contractual obligations as of June 1, 2021 ; |
6 | | (i-5) funding for the Illinois Solar for All |
7 | | Program, as described in subparagraph (O) of this |
8 | | paragraph (1); |
9 | | (ii) renewable energy credits necessary to comply |
10 | | with the new wind and new photovoltaic procurement |
11 | | requirements described in items (i) through (iii) of |
12 | | subparagraph (C) of this paragraph (1); and |
13 | | (iii) renewable energy credits necessary to meet |
14 | | the remaining requirements of this subsection (c). |
15 | | (G) The following provisions shall apply to the |
16 | | Agency's procurement of renewable energy credits under |
17 | | this subsection (c): |
18 | | (i) Notwithstanding whether a long-term renewable |
19 | | resources procurement plan has been approved, the |
20 | | Agency shall conduct an initial forward procurement |
21 | | for renewable energy credits from new utility-scale |
22 | | wind projects within 160 days after June 1, 2017 (the |
23 | | effective date of Public Act 99-906). For the purposes |
24 | | of this initial forward procurement, the Agency shall |
25 | | solicit 15-year contracts for delivery of 1,000,000 |
26 | | renewable energy credits delivered annually from new |
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1 | | utility-scale wind projects to begin delivery on June |
2 | | 1, 2019, if available, but not later than June 1, 2021, |
3 | | unless the project has delays in the establishment of |
4 | | an operating interconnection with the applicable |
5 | | transmission or distribution system as a result of the |
6 | | actions or inactions of the transmission or |
7 | | distribution provider, or other causes for force |
8 | | majeure as outlined in the procurement contract, in |
9 | | which case, not later than June 1, 2022. Payments to |
10 | | suppliers of renewable energy credits shall commence |
11 | | upon delivery. Renewable energy credits procured under |
12 | | this initial procurement shall be included in the |
13 | | Agency's long-term plan and shall apply to all |
14 | | renewable energy goals in this subsection (c). |
15 | | (ii) Notwithstanding whether a long-term renewable |
16 | | resources procurement plan has been approved, the |
17 | | Agency shall conduct an initial forward procurement |
18 | | for renewable energy credits from new utility-scale |
19 | | solar projects and brownfield site photovoltaic |
20 | | projects within one year after June 1, 2017 (the |
21 | | effective date of Public Act 99-906). For the purposes |
22 | | of this initial forward procurement, the Agency shall |
23 | | solicit 15-year contracts for delivery of 1,000,000 |
24 | | renewable energy credits delivered annually from new |
25 | | utility-scale solar projects and brownfield site |
26 | | photovoltaic projects to begin delivery on June 1, |
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1 | | 2019, if available, but not later than June 1, 2021, |
2 | | unless the project has delays in the establishment of |
3 | | an operating interconnection with the applicable |
4 | | transmission or distribution system as a result of the |
5 | | actions or inactions of the transmission or |
6 | | distribution provider, or other causes for force |
7 | | majeure as outlined in the procurement contract, in |
8 | | which case, not later than June 1, 2022. The Agency may |
9 | | structure this initial procurement in one or more |
10 | | discrete procurement events. Payments to suppliers of |
11 | | renewable energy credits shall commence upon delivery. |
12 | | Renewable energy credits procured under this initial |
13 | | procurement shall be included in the Agency's |
14 | | long-term plan and shall apply to all renewable energy |
15 | | goals in this subsection (c). |
16 | | (iii) Notwithstanding whether the Commission has |
17 | | approved the periodic long-term renewable resources |
18 | | procurement plan revision described in Section |
19 | | 16-111.5 of the Public Utilities Act, the Agency shall |
20 | | conduct at least one subsequent forward procurement |
21 | | for renewable energy credits from new utility-scale |
22 | | wind projects, new utility-scale solar projects, and |
23 | | new brownfield site photovoltaic projects within 240 |
24 | | days after the effective date of this amendatory Act |
25 | | of the 102nd General Assembly in quantities necessary |
26 | | to meet the requirements of subparagraph (C) of this |
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1 | | paragraph (1) through the delivery year beginning June |
2 | | 1, 2021. Subsequent forward procurements for |
3 | | utility-scale wind projects shall solicit at least |
4 | | 1,000,000 renewable energy credits delivered annually |
5 | | per procurement event and shall be planned, scheduled, |
6 | | and designed such that the cumulative amount of |
7 | | renewable energy credits delivered from all new wind |
8 | | projects in each delivery year shall not exceed the |
9 | | Agency's projection of the cumulative amount of |
10 | | renewable energy credits that will be delivered from |
11 | | all new photovoltaic projects, including utility-scale |
12 | | and distributed photovoltaic devices, in the same |
13 | | delivery year at the time scheduled for wind contract |
14 | | delivery. |
15 | | (iv) Notwithstanding whether the Commission has |
16 | | approved the periodic long-term renewable resources |
17 | | procurement plan revision described in Section |
18 | | 16-111.5 of the Public Utilities Act, the Agency shall |
19 | | open capacity for each category in the Adjustable |
20 | | Block program within 90 days after the effective date |
21 | | of this amendatory Act of the 102nd General Assembly |
22 | | manner: |
23 | | (1) The Agency shall open the first block of |
24 | | annual capacity for the category described in item |
25 | | (i) of subparagraph (K) of this paragraph (1). The |
26 | | first block of annual capacity for item (i) shall |
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1 | | be for at least 75 megawatts of total nameplate |
2 | | capacity. The price of the renewable energy credit |
3 | | for this block of capacity shall be 4% less than |
4 | | the price of the last open block in this category. |
5 | | Projects on a waitlist shall be awarded contracts |
6 | | first in the order in which they appear on the |
7 | | waitlist. Notwithstanding anything to the |
8 | | contrary, for those renewable energy credits that |
9 | | qualify and are procured under this subitem (1) of |
10 | | this item (iv), the renewable energy credit |
11 | | delivery contract value shall be paid in full, |
12 | | based on the estimated generation during the first |
13 | | 15 years of operation, by the contracting |
14 | | utilities at the time that the facility producing |
15 | | the renewable energy credits is interconnected at |
16 | | the distribution system level of the utility and |
17 | | verified as energized and in compliance by the |
18 | | Program Administrator. The electric utility shall |
19 | | receive and retire all renewable energy credits |
20 | | generated by the project for the first 15 years of |
21 | | operation. Renewable energy credits generated by |
22 | | the project thereafter shall not be transferred |
23 | | under the renewable energy credit delivery |
24 | | contract with the counterparty electric utility. |
25 | | (2) The Agency shall open the first block of |
26 | | annual capacity for the category described in item |
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1 | | (ii) of subparagraph (K) of this paragraph (1). |
2 | | The first block of annual capacity for item (ii) |
3 | | shall be for at least 75 megawatts of total |
4 | | nameplate capacity. |
5 | | (A) The price of the renewable energy |
6 | | credit for any project on a waitlist for this |
7 | | category before the opening of this block |
8 | | shall be 4% less than the price of the last |
9 | | open block in this category. Projects on the |
10 | | waitlist shall be awarded contracts first in |
11 | | the order in which they appear on the |
12 | | waitlist. Any projects that are less than or |
13 | | equal to 25 kilowatts in size on the waitlist |
14 | | for this capacity shall be moved to the |
15 | | waitlist for paragraph (1) of this item (iv). |
16 | | Notwithstanding anything to the contrary, |
17 | | projects that were on the waitlist prior to |
18 | | opening of this block shall not be required to |
19 | | be in compliance with the requirements of |
20 | | subparagraph (Q) of this paragraph (1) of this |
21 | | subsection (c). Notwithstanding anything to |
22 | | the contrary, for those renewable energy |
23 | | credits procured from projects that were on |
24 | | the waitlist for this category before the |
25 | | opening of this block 20% of the renewable |
26 | | energy credit delivery contract value, based |
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1 | | on the estimated generation during the first |
2 | | 15 years of operation, shall be paid by the |
3 | | contracting utilities at the time that the |
4 | | facility producing the renewable energy |
5 | | credits is interconnected at the distribution |
6 | | system level of the utility and verified as |
7 | | energized by the Program Administrator. The |
8 | | remaining portion shall be paid ratably over |
9 | | the subsequent 4-year period. The electric |
10 | | utility shall receive and retire all renewable |
11 | | energy credits generated by the project during |
12 | | the first 15 years of operation. Renewable |
13 | | energy credits generated by the project |
14 | | thereafter shall not be transferred under the |
15 | | renewable energy credit delivery contract with |
16 | | the counterparty electric utility. |
17 | | (B) The price of renewable energy credits |
18 | | for any project not on the waitlist for this |
19 | | category before the opening of the block shall |
20 | | be determined and published by the Agency. |
21 | | Projects not on a waitlist as of the opening |
22 | | of this block shall be subject to the |
23 | | requirements of subparagraph (Q) of this |
24 | | paragraph (1), as applicable. Projects not on |
25 | | a waitlist as of the opening of this block |
26 | | shall be subject to the contract provisions |
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1 | | outlined in item (iii) of subparagraph (L) of |
2 | | this paragraph (1). The Agency shall strive to |
3 | | publish updated prices and an updated |
4 | | renewable energy credit delivery contract as |
5 | | quickly as possible. |
6 | | (3) For opening the first 2 blocks of annual |
7 | | capacity for projects participating in item (iii) |
8 | | of subparagraph (K) of paragraph (1) of subsection |
9 | | (c), projects shall be selected exclusively from |
10 | | those projects on the ordinal waitlists of |
11 | | community renewable generation projects |
12 | | established by the Agency based on the status of |
13 | | those ordinal waitlists as of December 31, 2020, |
14 | | and only those projects previously determined to |
15 | | be eligible for the Agency's April 2019 community |
16 | | solar project selection process. |
17 | | The first 2 blocks of annual capacity for item |
18 | | (iii) shall be for 250 megawatts of total |
19 | | nameplate capacity, with both blocks opening |
20 | | simultaneously under the schedule outlined in the |
21 | | paragraphs below. Projects shall be selected as |
22 | | follows: |
23 | | (A) The geographic balance of selected |
24 | | projects shall follow the Group classification |
25 | | found in the Agency's Revised Long-Term |
26 | | Renewable Resources Procurement Plan, with 70% |
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1 | | of capacity allocated to projects on the Group |
2 | | B waitlist and 30% of capacity allocated to |
3 | | projects on the Group A waitlist. |
4 | | (B) Contract awards for waitlisted |
5 | | projects shall be allocated proportionate to |
6 | | the total nameplate capacity amount across |
7 | | both ordinal waitlists associated with that |
8 | | applicant firm or its affiliates, subject to |
9 | | the following conditions. |
10 | | (i) Each applicant firm having a |
11 | | waitlisted project eligible for selection |
12 | | shall receive no less than 500 kilowatts |
13 | | in awarded capacity across all groups, and |
14 | | no approved vendor may receive more than |
15 | | 20% of each Group's waitlist allocation. |
16 | | (ii) Each applicant firm, upon |
17 | | receiving an award of program capacity |
18 | | proportionate to its waitlisted capacity, |
19 | | may then determine which waitlisted |
20 | | projects it chooses to be selected for a |
21 | | contract award up to that capacity amount. |
22 | | (iii) Assuming all other program |
23 | | requirements are met, applicant firms may |
24 | | adjust the nameplate capacity of applicant |
25 | | projects without losing waitlist |
26 | | eligibility, so long as no project is |
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1 | | greater than 2,000 kilowatts in size. |
2 | | (iv) Assuming all other program |
3 | | requirements are met, applicant firms may |
4 | | adjust the expected production associated |
5 | | with applicant projects, subject to |
6 | | verification by the Program Administrator. |
7 | | (C) After a review of affiliate |
8 | | information and the current ordinal waitlists, |
9 | | the Agency shall announce the nameplate |
10 | | capacity award amounts associated with |
11 | | applicant firms no later than 90 days after |
12 | | the effective date of this amendatory Act of |
13 | | the 102nd General Assembly. |
14 | | (D) Applicant firms shall submit their |
15 | | portfolio of projects used to satisfy those |
16 | | contract awards no less than 90 days after the |
17 | | Agency's announcement. The total nameplate |
18 | | capacity of all projects used to satisfy that |
19 | | portfolio shall be no greater than the |
20 | | Agency's nameplate capacity award amount |
21 | | associated with that applicant firm. An |
22 | | applicant firm may decline, in whole or in |
23 | | part, its nameplate capacity award without |
24 | | penalty, with such unmet capacity rolled over |
25 | | to the next block opening for project |
26 | | selection under item (iii) of subparagraph (K) |
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1 | | of this subsection (c). Any projects not |
2 | | included in an applicant firm's portfolio may |
3 | | reapply without prejudice upon the next block |
4 | | reopening for project selection under item |
5 | | (iii) of subparagraph (K) of this subsection |
6 | | (c). |
7 | | (E) The renewable energy credit delivery |
8 | | contract shall be subject to the contract and |
9 | | payment terms outlined in item (iv) of |
10 | | subparagraph (L) of this subsection (c). |
11 | | Contract instruments used for this |
12 | | subparagraph shall contain the following |
13 | | terms: |
14 | | (i) Renewable energy credit prices |
15 | | shall be fixed, without further adjustment |
16 | | under any other provision of this Act or |
17 | | for any other reason, at 10% lower than |
18 | | prices applicable to the last open block |
19 | | for this category, inclusive of any adders |
20 | | available for achieving a minimum of 50% |
21 | | of subscribers to the project's nameplate |
22 | | capacity being residential or small |
23 | | commercial customers with subscriptions of |
24 | | below 25 kilowatts in size; |
25 | | (ii) A requirement that a minimum of |
26 | | 50% of subscribers to the project's |
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1 | | nameplate capacity be residential or small |
2 | | commercial customers with subscriptions of |
3 | | below 25 kilowatts in size; |
4 | | (iii) Permission for the ability of a |
5 | | contract holder to substitute projects |
6 | | with other waitlisted projects without |
7 | | penalty should a project receive a |
8 | | non-binding estimate of costs to construct |
9 | | the interconnection facilities and any |
10 | | required distribution upgrades associated |
11 | | with that project of greater than 30 cents |
12 | | per watt AC of that project's nameplate |
13 | | capacity. In developing the applicable |
14 | | contract instrument, the Agency may |
15 | | consider whether other circumstances |
16 | | outside of the control of the applicant |
17 | | firm should also warrant project |
18 | | substitution rights. |
19 | | The Agency shall publish a finalized |
20 | | updated renewable energy credit delivery |
21 | | contract developed consistent with these terms |
22 | | and conditions no less than 30 days before |
23 | | applicant firms must submit their portfolio of |
24 | | projects pursuant to item (D). |
25 | | (F) To be eligible for an award, the |
26 | | applicant firm shall certify that not less |
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1 | | than prevailing wage, as determined pursuant |
2 | | to the Illinois Prevailing Wage Act, was or |
3 | | will be paid to employees who are engaged in |
4 | | construction activities associated with a |
5 | | selected project. |
6 | | (4) The Agency shall open the first block of |
7 | | annual capacity for the category described in item |
8 | | (iv) of subparagraph (K) of this paragraph (1). |
9 | | The first block of annual capacity for item (iv) |
10 | | shall be for at least 50 megawatts of total |
11 | | nameplate capacity. Renewable energy credit prices |
12 | | shall be fixed, without further adjustment under |
13 | | any other provision of this Act or for any other |
14 | | reason, at the price in the last open block in the |
15 | | category described in item (ii) of subparagraph |
16 | | (K) of this paragraph (1). Pricing for future |
17 | | blocks of annual capacity for this category may be |
18 | | adjusted in the Agency's second revision to its |
19 | | Long-Term Renewable Resources Procurement Plan. |
20 | | Projects in this category shall be subject to the |
21 | | contract terms outlined in item (iv) of |
22 | | subparagraph (L) of this paragraph (1). |
23 | | (5) The Agency shall open the equivalent of 2 |
24 | | years of annual capacity for the category |
25 | | described in item (v) of subparagraph (K) of this |
26 | | paragraph (1). The first block of annual capacity |
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1 | | for item (v) shall be for at least 10 megawatts of |
2 | | total nameplate capacity. Notwithstanding the |
3 | | provisions of item (v) of subparagraph (K) of this |
4 | | paragraph (1), for the purpose of this initial |
5 | | block, the agency shall accept new project |
6 | | applications intended to increase the diversity of |
7 | | areas hosting community solar projects, the |
8 | | business models of projects, and the size of |
9 | | projects, as described by the Agency in its |
10 | | long-term renewable resources procurement plan |
11 | | that is approved as of the effective date of this |
12 | | amendatory Act of the 102nd General Assembly. |
13 | | Projects in this category shall be subject to the |
14 | | contract terms outlined in item (iii) of |
15 | | subsection (L) of this paragraph (1). |
16 | | (6) The Agency shall open the first blocks of |
17 | | annual capacity for the category described in item |
18 | | (vi) of subparagraph (K) of this paragraph (1), |
19 | | with allocations of capacity within the block |
20 | | generally matching the historical share of block |
21 | | capacity allocated between the category described |
22 | | in items (i) and (ii) of subparagraph (K) of this |
23 | | paragraph (1). The first two blocks of annual |
24 | | capacity for item (vi) shall be for at least 75 |
25 | | megawatts of total nameplate capacity. The price |
26 | | of renewable energy credits for the blocks of |
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1 | | capacity shall be 4% less than the price of the |
2 | | last open blocks in the categories described in |
3 | | items (i) and (ii) of subparagraph (K) of this |
4 | | paragraph (1). Pricing for future blocks of annual |
5 | | capacity for this category may be adjusted in the |
6 | | Agency's second revision to its Long-Term |
7 | | Renewable Resources Procurement Plan. Projects in |
8 | | this category shall be subject to the applicable |
9 | | contract terms outlined in items (ii) and (iii) of |
10 | | subparagraph (L) of this paragraph (1). If, at any |
11 | | time after the time set for delivery of renewable |
12 | | energy credits pursuant to the initial |
13 | | procurements in items (i) and (ii) of this |
14 | | subparagraph (G), the cumulative amount of |
15 | | renewable energy credits projected to be delivered |
16 | | from all new wind projects in a given delivery |
17 | | year exceeds the cumulative amount of renewable |
18 | | energy credits projected to be delivered from all |
19 | | new photovoltaic projects in that delivery year by |
20 | | 200,000 or more renewable energy credits, then the |
21 | | Agency shall within 60 days adjust the procurement |
22 | | programs in the long-term renewable resources |
23 | | procurement plan to ensure that the projected |
24 | | cumulative amount of renewable energy credits to |
25 | | be delivered from all new wind projects does not |
26 | | exceed the projected cumulative amount of |
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1 | | renewable energy credits to be delivered from all |
2 | | new photovoltaic projects by 200,000 or more |
3 | | renewable energy credits, provided that nothing in |
4 | | this Section shall preclude the projected |
5 | | cumulative amount of renewable energy credits to |
6 | | be delivered from all new photovoltaic projects |
7 | | from exceeding the projected cumulative amount of |
8 | | renewable energy credits to be delivered from all |
9 | | new wind projects in each delivery year and |
10 | | provided further that nothing in this item (iv) |
11 | | shall require the curtailment of an executed |
12 | | contract. The Agency shall update, on a quarterly |
13 | | basis, its projection of the renewable energy |
14 | | credits to be delivered from all projects in each |
15 | | delivery year. Notwithstanding anything to the |
16 | | contrary, the Agency may adjust the timing of |
17 | | procurement events conducted under this |
18 | | subparagraph (G). The long-term renewable |
19 | | resources procurement plan shall set forth the |
20 | | process by which the adjustments may be made. |
21 | | (v) Upon the effective date of this amendatory Act |
22 | | of the 102nd General Assembly, for all competitive |
23 | | procurements and any procurements of renewable energy |
24 | | credit from new utility-scale wind and new |
25 | | utility-scale photovoltaic projects, the Agency shall |
26 | | procure indexed renewable energy credits and direct |
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1 | | respondents to offer a strike price. |
2 | | (1) The purchase price of the indexed |
3 | | renewable energy credit payment shall be |
4 | | calculated for each settlement period. That |
5 | | payment, for any settlement period, shall be equal |
6 | | to the difference resulting from subtracting the |
7 | | strike price from the index price for that |
8 | | settlement period. If this difference results in a |
9 | | negative number, the indexed REC counterparty |
10 | | shall owe the seller the absolute value multiplied |
11 | | by the quantity of energy produced in the relevant |
12 | | settlement period. If this difference results in a |
13 | | positive number, the seller shall owe the indexed |
14 | | REC counterparty this amount multiplied by the |
15 | | quantity of energy produced in the relevant |
16 | | settlement period. |
17 | | (2) Parties shall cash settle every month, |
18 | | summing up all settlements (both positive and |
19 | | negative, if applicable) for the prior month. |
20 | | (3) To ensure funding in the annual budget |
21 | | established under subparagraph (E) for indexed |
22 | | renewable energy credit procurements for each year |
23 | | of the term of such contracts, which must have a |
24 | | minimum tenure of 20 calendar years, the |
25 | | procurement administrator, Agency, Commission |
26 | | staff, and procurement monitor shall quantify the |
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1 | | annual cost of the contract by utilizing an |
2 | | industry-standard, third-party forward price curve |
3 | | for energy at the appropriate hub or load zone, |
4 | | including the estimated magnitude and timing of |
5 | | the price effects related to federal carbon |
6 | | controls. Each forward price curve shall contain a |
7 | | specific value of the forecasted market price of |
8 | | electricity for each annual delivery year of the |
9 | | contract. For procurement planning purposes, the |
10 | | impact on the annual budget for the cost of |
11 | | indexed renewable energy credits for each delivery |
12 | | year shall be determined as the expected annual |
13 | | contract expenditure for that year, equaling the |
14 | | difference between (i) the sum across all relevant |
15 | | contracts of the applicable strike price |
16 | | multiplied by contract quantity and (ii) the sum |
17 | | across all relevant contracts of the forward price |
18 | | curve for the applicable load zone for that year |
19 | | multiplied by contract quantity. The contracting |
20 | | utility shall not assume an obligation in excess |
21 | | of the estimated annual cost of the contracts for |
22 | | indexed renewable energy credits. Forward curves |
23 | | shall be revised on an annual basis as updated |
24 | | forward price curves are released and filed with |
25 | | the Commission in the proceeding approving the |
26 | | Agency's most recent long-term renewable resources |
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1 | | procurement plan. If the expected contract spend |
2 | | is higher or lower than the total quantity of |
3 | | contracts multiplied by the forward price curve |
4 | | value for that year, the forward price curve shall |
5 | | be updated by the procurement administrator, in |
6 | | consultation with the Agency, Commission staff, |
7 | | and procurement monitors, using then-currently |
8 | | available price forecast data and additional |
9 | | budget dollars shall be obligated or reobligated |
10 | | as appropriate. |
11 | | (4) To ensure that indexed renewable energy |
12 | | credit prices remain predictable and affordable, |
13 | | the Agency may consider the institution of a price |
14 | | collar on REC prices paid under indexed renewable |
15 | | energy credit procurements establishing floor and |
16 | | ceiling REC prices applicable to indexed REC |
17 | | contract prices. Any price collars applicable to |
18 | | indexed REC procurements shall be proposed by the |
19 | | Agency through its long-term renewable resources |
20 | | procurement plan. |
21 | | (vi) (v) All procurements under this subparagraph |
22 | | (G) shall comply with the geographic requirements in |
23 | | subparagraph (I) of this paragraph (1) and shall |
24 | | follow the procurement processes and procedures |
25 | | described in this Section and Section 16-111.5 of the |
26 | | Public Utilities Act to the extent practicable, and |
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1 | | these processes and procedures may be expedited to |
2 | | accommodate the schedule established by this |
3 | | subparagraph (G). |
4 | | (H) The procurement of renewable energy resources for |
5 | | a given delivery year shall be reduced as described in |
6 | | this subparagraph (H) if an alternative retail electric |
7 | | supplier meets the requirements described in this |
8 | | subparagraph (H). |
9 | | (i) Within 45 days after June 1, 2017 (the |
10 | | effective date of Public Act 99-906), an alternative |
11 | | retail electric supplier or its successor shall submit |
12 | | an informational filing to the Illinois Commerce |
13 | | Commission certifying that, as of December 31, 2015, |
14 | | the alternative retail electric supplier owned one or |
15 | | more electric generating facilities that generates |
16 | | renewable energy resources as defined in Section 1-10 |
17 | | of this Act, provided that such facilities are not |
18 | | powered by wind or photovoltaics, and the facilities |
19 | | generate one renewable energy credit for each |
20 | | megawatthour of energy produced from the facility. |
21 | | The informational filing shall identify each |
22 | | facility that was eligible to satisfy the alternative |
23 | | retail electric supplier's obligations under Section |
24 | | 16-115D of the Public Utilities Act as described in |
25 | | this item (i). |
26 | | (ii) For a given delivery year, the alternative |
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1 | | retail electric supplier may elect to supply its |
2 | | retail customers with renewable energy credits from |
3 | | the facility or facilities described in item (i) of |
4 | | this subparagraph (H) that continue to be owned by the |
5 | | alternative retail electric supplier. |
6 | | (iii) The alternative retail electric supplier |
7 | | shall notify the Agency and the applicable utility, no |
8 | | later than February 28 of the year preceding the |
9 | | applicable delivery year or 15 days after June 1, 2017 |
10 | | (the effective date of Public Act 99-906), whichever |
11 | | is later, of its election under item (ii) of this |
12 | | subparagraph (H) to supply renewable energy credits to |
13 | | retail customers of the utility. Such election shall |
14 | | identify the amount of renewable energy credits to be |
15 | | supplied by the alternative retail electric supplier |
16 | | to the utility's retail customers and the source of |
17 | | the renewable energy credits identified in the |
18 | | informational filing as described in item (i) of this |
19 | | subparagraph (H), subject to the following |
20 | | limitations: |
21 | | For the delivery year beginning June 1, 2018, |
22 | | the maximum amount of renewable energy credits to |
23 | | be supplied by an alternative retail electric |
24 | | supplier under this subparagraph (H) shall be 68% |
25 | | multiplied by 25% multiplied by 14.5% multiplied |
26 | | by the amount of metered electricity |
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1 | | (megawatt-hours) delivered by the alternative |
2 | | retail electric supplier to Illinois retail |
3 | | customers during the delivery year ending May 31, |
4 | | 2016. |
5 | | For delivery years beginning June 1, 2019 and |
6 | | each year thereafter, the maximum amount of |
7 | | renewable energy credits to be supplied by an |
8 | | alternative retail electric supplier under this |
9 | | subparagraph (H) shall be 68% multiplied by 50% |
10 | | multiplied by 16% multiplied by the amount of |
11 | | metered electricity (megawatt-hours) delivered by |
12 | | the alternative retail electric supplier to |
13 | | Illinois retail customers during the delivery year |
14 | | ending May 31, 2016, provided that the 16% value |
15 | | shall increase by 1.5% each delivery year |
16 | | thereafter to 25% by the delivery year beginning |
17 | | June 1, 2025, and thereafter the 25% value shall |
18 | | apply to each delivery year. |
19 | | For each delivery year, the total amount of |
20 | | renewable energy credits supplied by all alternative |
21 | | retail electric suppliers under this subparagraph (H) |
22 | | shall not exceed 9% of the Illinois target renewable |
23 | | energy credit quantity. The Illinois target renewable |
24 | | energy credit quantity for the delivery year beginning |
25 | | June 1, 2018 is 14.5% multiplied by the total amount of |
26 | | metered electricity (megawatt-hours) delivered in the |
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1 | | delivery year immediately preceding that delivery |
2 | | year, provided that the 14.5% shall increase by 1.5% |
3 | | each delivery year thereafter to 25% by the delivery |
4 | | year beginning June 1, 2025, and thereafter the 25% |
5 | | value shall apply to each delivery year. |
6 | | If the requirements set forth in items (i) through |
7 | | (iii) of this subparagraph (H) are met, the charges |
8 | | that would otherwise be applicable to the retail |
9 | | customers of the alternative retail electric supplier |
10 | | under paragraph (6) of this subsection (c) for the |
11 | | applicable delivery year shall be reduced by the ratio |
12 | | of the quantity of renewable energy credits supplied |
13 | | by the alternative retail electric supplier compared |
14 | | to that supplier's target renewable energy credit |
15 | | quantity. The supplier's target renewable energy |
16 | | credit quantity for the delivery year beginning June |
17 | | 1, 2018 is 14.5% multiplied by the total amount of |
18 | | metered electricity (megawatt-hours) delivered by the |
19 | | alternative retail supplier in that delivery year, |
20 | | provided that the 14.5% shall increase by 1.5% each |
21 | | delivery year thereafter to 25% by the delivery year |
22 | | beginning June 1, 2025, and thereafter the 25% value |
23 | | shall apply to each delivery year. |
24 | | On or before April 1 of each year, the Agency shall |
25 | | annually publish a report on its website that |
26 | | identifies the aggregate amount of renewable energy |
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1 | | credits supplied by alternative retail electric |
2 | | suppliers under this subparagraph (H). |
3 | | (I) The Agency shall design its long-term renewable |
4 | | energy procurement plan to maximize the State's interest |
5 | | in the health, safety, and welfare of its residents, |
6 | | including but not limited to minimizing sulfur dioxide, |
7 | | nitrogen oxide, particulate matter and other pollution |
8 | | that adversely affects public health in this State, |
9 | | increasing fuel and resource diversity in this State, |
10 | | enhancing the reliability and resiliency of the |
11 | | electricity distribution system in this State, meeting |
12 | | goals to limit carbon dioxide emissions under federal or |
13 | | State law, and contributing to a cleaner and healthier |
14 | | environment for the citizens of this State. In order to |
15 | | further these legislative purposes, renewable energy |
16 | | credits shall be eligible to be counted toward the |
17 | | renewable energy requirements of this subsection (c) if |
18 | | they are generated from facilities located in this State. |
19 | | The Agency may qualify renewable energy credits from |
20 | | facilities located in states adjacent to Illinois or |
21 | | renewable energy credits associated with the electricity |
22 | | generated by a utility-scale wind energy facility or |
23 | | utility-scale photovoltaic facility and transmitted by a |
24 | | qualifying direct current project described in subsection |
25 | | (b-5) of Section 8-406 of the Public Utilities Act to a |
26 | | delivery point on the electric transmission grid located |
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1 | | in this State or a state adjacent to Illinois, if the |
2 | | generator demonstrates and the Agency determines that the |
3 | | operation of such facility or facilities will help promote |
4 | | the State's interest in the health, safety, and welfare of |
5 | | its residents based on the public interest criteria |
6 | | described above. For the purposes of this Section, |
7 | | renewable resources that are delivered via a high voltage |
8 | | direct current converter station located in Illinois shall |
9 | | be deemed generated in Illinois at the time and location |
10 | | the energy is converted to alternating current by the high |
11 | | voltage direct current converter station if the high |
12 | | voltage direct current transmission line: (i) after the |
13 | | effective date of this amendatory Act of the 102nd General |
14 | | Assembly, was constructed with a project labor agreement; |
15 | | (ii) is capable of transmitting electricity at 525kv; |
16 | | (iii) has an Illinois converter station located and |
17 | | interconnected in the region of the PJM Interconnection, |
18 | | LLC; (iv) does not operate as a public utility; and (v) if |
19 | | the high voltage direct current transmission line was |
20 | | energized after June 1, 2023. To ensure that the public |
21 | | interest criteria are applied to the procurement and given |
22 | | full effect, the Agency's long-term procurement plan shall |
23 | | describe in detail how each public interest factor shall |
24 | | be considered and weighted for facilities located in |
25 | | states adjacent to Illinois. |
26 | | (J) In order to promote the competitive development of |
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1 | | renewable energy resources in furtherance of the State's |
2 | | interest in the health, safety, and welfare of its |
3 | | residents, renewable energy credits shall not be eligible |
4 | | to be counted toward the renewable energy requirements of |
5 | | this subsection (c) if they are sourced from a generating |
6 | | unit whose costs were being recovered through rates |
7 | | regulated by this State or any other state or states on or |
8 | | after January 1, 2017. Each contract executed to purchase |
9 | | renewable energy credits under this subsection (c) shall |
10 | | provide for the contract's termination if the costs of the |
11 | | generating unit supplying the renewable energy credits |
12 | | subsequently begin to be recovered through rates regulated |
13 | | by this State or any other state or states; and each |
14 | | contract shall further provide that, in that event, the |
15 | | supplier of the credits must return 110% of all payments |
16 | | received under the contract. Amounts returned under the |
17 | | requirements of this subparagraph (J) shall be retained by |
18 | | the utility and all of these amounts shall be used for the |
19 | | procurement of additional renewable energy credits from |
20 | | new wind or new photovoltaic resources as defined in this |
21 | | subsection (c). The long-term plan shall provide that |
22 | | these renewable energy credits shall be procured in the |
23 | | next procurement event. |
24 | | Notwithstanding the limitations of this subparagraph |
25 | | (J), renewable energy credits sourced from generating |
26 | | units that are constructed, purchased, owned, or leased by |
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1 | | an electric utility as part of an approved project, |
2 | | program, or pilot under Section 1-56 of this Act shall be |
3 | | eligible to be counted toward the renewable energy |
4 | | requirements of this subsection (c), regardless of how the |
5 | | costs of these units are recovered. As long as a |
6 | | generating unit or an identifiable portion of a generating |
7 | | unit has not had and does not have its costs recovered |
8 | | through rates regulated by this State or any other state, |
9 | | HVDC renewable energy credits associated with that |
10 | | generating unit or identifiable portion thereof shall be |
11 | | eligible to be counted toward the renewable energy |
12 | | requirements of this subsection (c). |
13 | | (K) The long-term renewable resources procurement plan |
14 | | developed by the Agency in accordance with subparagraph |
15 | | (A) of this paragraph (1) shall include an Adjustable |
16 | | Block program for the procurement of renewable energy |
17 | | credits from new photovoltaic projects that are |
18 | | distributed renewable energy generation devices or new |
19 | | photovoltaic community renewable generation projects. The |
20 | | Adjustable Block program shall be generally designed to |
21 | | provide for the steady, predictable, and sustainable |
22 | | growth of new solar photovoltaic development in Illinois. |
23 | | To this end, the Adjustable Block program shall provide a |
24 | | transparent annual schedule of prices and quantities to |
25 | | enable the photovoltaic market to scale up and for |
26 | | renewable energy credit prices to adjust at a predictable |
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1 | | rate over time. The prices set by the Adjustable Block |
2 | | program can be reflected as a set value or as the product |
3 | | of a formula. |
4 | | The Adjustable Block program shall include for each |
5 | | category of eligible projects for each delivery year: a |
6 | | single block of nameplate capacity, a price for renewable |
7 | | energy credits within that block, and the terms and |
8 | | conditions for securing a spot on a waitlist once the |
9 | | block is : a schedule of standard block purchase prices to |
10 | | be offered; a series of steps, with associated nameplate |
11 | | capacity and purchase prices that adjust from step to |
12 | | step; and automatic opening of the next step as soon as the |
13 | | nameplate capacity and available purchase prices for an |
14 | | open step are fully committed or reserved. Except as |
15 | | outlined below, the waitlist of projects in a given year |
16 | | will carry over to apply to the subsequent year when |
17 | | another block is opened. Only projects energized on or |
18 | | after June 1, 2017 shall be eligible for the Adjustable |
19 | | Block program. For each category for each delivery year |
20 | | block group the Agency shall determine the number of |
21 | | blocks, the amount of generation capacity in each block, |
22 | | and the purchase price for each block, provided that the |
23 | | purchase price provided and the total amount of generation |
24 | | in all blocks for all categories block groups shall be |
25 | | sufficient to meet the goals in this subsection (c). The |
26 | | Agency shall strive to issue a single block sized to |
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1 | | provide for stability and market growth. The Agency shall |
2 | | establish program eligibility requirements that ensure |
3 | | that projects that enter the program are sufficiently |
4 | | mature to indicate a demonstrable path to completion. The |
5 | | Agency may periodically review its prior decisions |
6 | | establishing the number of blocks, the amount of |
7 | | generation capacity in each block, and the purchase price |
8 | | for each block, and may propose, on an expedited basis, |
9 | | changes to these previously set values, including but not |
10 | | limited to redistributing these amounts and the available |
11 | | funds as necessary and appropriate, subject to Commission |
12 | | approval as part of the periodic plan revision process |
13 | | described in Section 16-111.5 of the Public Utilities Act. |
14 | | The Agency may define different block sizes, purchase |
15 | | prices, or other distinct terms and conditions for |
16 | | projects located in different utility service territories |
17 | | if the Agency deems it necessary to meet the goals in this |
18 | | subsection (c). |
19 | | The Adjustable Block program shall include at least |
20 | | the following categories block groups in at least the |
21 | | following amounts , which may be adjusted upon review by |
22 | | the Agency and approval by the Commission as described in |
23 | | this subparagraph (K) : |
24 | | (i) At least 20% 25% from distributed renewable |
25 | | energy generation devices with a nameplate capacity of |
26 | | no more than 25 10 kilowatts. |
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1 | | (ii) At least 20% 25% from distributed renewable |
2 | | energy generation devices with a nameplate capacity of |
3 | | more than 25 10 kilowatts and no more than 5,000 2,000 |
4 | | kilowatts. The Agency may create sub-categories within |
5 | | this category to account for the differences between |
6 | | projects for small commercial customers, large |
7 | | commercial customers, and public or non-profit |
8 | | customers. |
9 | | (iii) At least 30% 25% from photovoltaic community |
10 | | renewable generation projects. Capacity for this |
11 | | category for the first 2 delivery years after the |
12 | | effective date of this amendatory Act of the 102nd |
13 | | General Assembly shall be allocated to waitlist |
14 | | projects as provided in paragraph (3) of item (iv) of |
15 | | subparagraph (G). Starting in the third delivery year |
16 | | after the effective date of this amendatory Act of the |
17 | | 102nd General Assembly or earlier if the Agency |
18 | | determines there is additional capacity needed for to |
19 | | meet previous delivery year requirements, the |
20 | | following shall apply: |
21 | | (1) the Agency shall select projects on a |
22 | | first-come, first-serve basis, however the Agency |
23 | | may suggest additional methods to prioritize |
24 | | projects that are submitted at the same time; |
25 | | (2) projects shall have subscriptions of 25 kW |
26 | | or less for at least 50% of the facility's |
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1 | | nameplate capacity and the Agency shall price the |
2 | | renewable energy credits with that as a factor; |
3 | | (3) projects shall not be colocated with one |
4 | | or more other community renewable generation |
5 | | projects, as defined in the Agency's first revised |
6 | | long-term renewable resources procurement plan |
7 | | approved by the Commission on February 18, 2020, |
8 | | such that the aggregate nameplate capacity exceeds |
9 | | 5,000 kilowatts; and |
10 | | (4) projects greater than 2 MW may not apply |
11 | | until after the approval of the Agency's revised |
12 | | Long-Term Renewable Resources Procurement Plan |
13 | | after the effective date of this amendatory Act of |
14 | | the 102nd General Assembly. |
15 | | (iv) At least 15% from distributed renewable |
16 | | generation devices or photovoltaic community renewable |
17 | | generation projects installed at public schools. The |
18 | | Agency may create subcategories within this category |
19 | | to account for the differences between project size or |
20 | | location. Projects located within environmental |
21 | | justice communities or within Organizational Units |
22 | | that fall within Tier 1 or Tier 2 shall be given |
23 | | priority. Each of the Agency's periodic updates to its |
24 | | long-term renewable resources procurement plan to |
25 | | incorporate the procurement described in this |
26 | | subparagraph (iv) shall also include the proposed |
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1 | | quantities or blocks, pricing, and contract terms |
2 | | applicable to the procurement as indicated herein. In |
3 | | each such update and procurement, the Agency shall set |
4 | | the renewable energy credit price and establish |
5 | | payment terms for the renewable energy credits |
6 | | procured pursuant to this subparagraph (iv) that make |
7 | | it feasible and affordable for public schools to |
8 | | install photovoltaic distributed renewable energy |
9 | | devices on their premises, including, but not limited |
10 | | to, those public schools subject to the prioritization |
11 | | provisions of this subparagraph. For the purposes of |
12 | | this item (iv): |
13 | | "Environmental Justice Community" shall have the |
14 | | same meaning set forth in the Agency's long-term |
15 | | renewable resources procurement plan; |
16 | | "Organization Unit", "Tier 1" and "Tier 2" shall |
17 | | have the meanings set for in Section 18-8.15 of the |
18 | | School Code; |
19 | | "Public schools" shall have the meaning set forth |
20 | | in Section 1-3 of the School Code. |
21 | | (v) At least 5% from community-driven community |
22 | | solar projects intended to provide more direct and |
23 | | tangible connection and benefits to the communities |
24 | | which they serve or in which they operate and, |
25 | | additionally, to increase the variety of community |
26 | | solar locations, models, and options in Illinois. As |
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1 | | part of its long-term renewable resources procurement |
2 | | plan, the Agency shall develop selection criteria for |
3 | | projects participating in this category. Nothing in |
4 | | this Section shall preclude the Agency from creating a |
5 | | selection process that maximizes community ownership |
6 | | and community benefits in selecting projects to |
7 | | receive renewable energy credits. Selection criteria |
8 | | shall include: |
9 | | (1) community ownership or community |
10 | | wealth-building; |
11 | | (2) additional direct and indirect community |
12 | | benefit, beyond project participation as a |
13 | | subscriber, including, but not limited to, |
14 | | economic, environmental, social, cultural, and |
15 | | physical benefits; |
16 | | (3) meaningful involvement in project |
17 | | organization and development by community members |
18 | | or nonprofit organizations or public entities |
19 | | located in or serving the community; |
20 | | (4) engagement in project operations and |
21 | | management by nonprofit organizations, public |
22 | | entities, or community members; and |
23 | | (5) whether a project is developed in response |
24 | | to a site-specific RFP developed by community |
25 | | members or a nonprofit organization or public |
26 | | entity located in or serving the community. |
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1 | | Selection criteria may also prioritize projects |
2 | | that: |
3 | | (1) are developed in collaboration with or to |
4 | | provide complementary opportunities for the Clean |
5 | | Jobs Workforce Network Program, the Illinois |
6 | | Climate Works Preapprenticeship Program, the |
7 | | Returning Residents Clean Jobs Training Program, |
8 | | the Clean Energy Contractor Incubator Program, or |
9 | | the Clean Energy Primes Contractor Accelerator |
10 | | Program; |
11 | | (2) increase the diversity of locations of |
12 | | community solar projects in Illinois, including by |
13 | | locating in urban areas and population centers; |
14 | | (3) are located in Equity Investment Eligible |
15 | | Communities; |
16 | | (4) are not greenfield projects; |
17 | | (5) serve only local subscribers; |
18 | | (6) have a nameplate capacity that does not |
19 | | exceed 500 kW; |
20 | | (7) are developed by an equity eligible |
21 | | contractor; or |
22 | | (8) otherwise meaningfully advance the goals |
23 | | of providing more direct and tangible connection |
24 | | and benefits to the communities which they serve |
25 | | or in which they operate and increasing the |
26 | | variety of community solar locations, models, and |
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1 | | options in Illinois. |
2 | | For the purposes of this item (v): |
3 | | "Community" means a social unit in which people |
4 | | come together regularly to effect change; a social |
5 | | unit in which participants are marked by a cooperative |
6 | | spirit, a common purpose, or shared interests or |
7 | | characteristics; or a space understood by its |
8 | | residents to be delineated through geographic |
9 | | boundaries or landmarks. |
10 | | "Community benefit" means a range of services and |
11 | | activities that provide affirmative, economic, |
12 | | environmental, social, cultural, or physical value to |
13 | | a community; or a mechanism that enables economic |
14 | | development, high-quality employment, and education |
15 | | opportunities for local workers and residents, or |
16 | | formal monitoring and oversight structures such that |
17 | | community members may ensure that those services and |
18 | | activities respond to local knowledge and needs. |
19 | | "Community ownership" means an arrangement in |
20 | | which an electric generating facility is, or over time |
21 | | will be, in significant part, owned collectively by |
22 | | members of the community to which an electric |
23 | | generating facility provides benefits; members of that |
24 | | community participate in decisions regarding the |
25 | | governance, operation, maintenance, and upgrades of |
26 | | and to that facility; and members of that community |
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1 | | benefit from regular use of that facility. |
2 | | Terms and guidance within these criteria that are |
3 | | not defined in this item (v) shall be defined by the |
4 | | Agency, with stakeholder input, during the development |
5 | | of the Agency's long-term renewable resources |
6 | | procurement plan. The Agency shall develop regular |
7 | | opportunities for projects to submit applications for |
8 | | projects under this category, and develop selection |
9 | | criteria that gives preference to projects that better |
10 | | meet individual criteria as well as projects that |
11 | | address a higher number of criteria. |
12 | | (vi) At least 10% from distributed renewable |
13 | | energy generation devices, which includes distributed |
14 | | renewable energy devices with a nameplate capacity |
15 | | under 5,000 kilowatts or photovoltaic community |
16 | | renewable generation projects, from applicants that |
17 | | are equity eligible contractors. The Agency may create |
18 | | subcategories within this category to account for the |
19 | | differences between project size and type. The Agency |
20 | | shall propose to increase the percentage in this item |
21 | | (vi) over time to 40% based on factors, including, but |
22 | | not limited to, the number of equity eligible |
23 | | contractors and capacity used in this item (vi) in |
24 | | previous delivery years. |
25 | | The Agency shall propose a payment structure for |
26 | | contracts executed pursuant to this paragraph under |
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1 | | which, upon a demonstration of qualification or need, |
2 | | applicant firms are advanced capital disbursed after |
3 | | contract execution but before the contracted project's |
4 | | energization. The amount or percentage of capital |
5 | | advanced prior to project energization shall be |
6 | | sufficient to both cover any increase in development |
7 | | costs resulting from prevailing wage requirements or |
8 | | project-labor agreements, and designed to overcome |
9 | | barriers in access to capital faced by equity eligible |
10 | | contractors. The amount or percentage of advanced |
11 | | capital may vary by subcategory within this category |
12 | | and by an applicant's demonstration of need, with such |
13 | | levels to be established through the Long-Term |
14 | | Renewable Resources Procurement Plan authorized under |
15 | | subparagraph (A) of paragraph (1) of subsection (c) of |
16 | | this Section. |
17 | | Contracts developed featuring capital advanced |
18 | | prior to a project's energization shall feature |
19 | | provisions to ensure both the successful development |
20 | | of applicant projects and the delivery of the |
21 | | renewable energy credits for the full term of the |
22 | | contract, including ongoing collateral requirements |
23 | | and other provisions deemed necessary by the Agency, |
24 | | and may include energization timelines longer than for |
25 | | comparable project types. The percentage or amount of |
26 | | capital advanced prior to project energization shall |
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1 | | not operate to increase the overall contract value, |
2 | | however contracts executed under this subparagraph may |
3 | | feature renewable energy credit prices higher than |
4 | | those offered to similar projects participating in |
5 | | other categories. Capital advanced prior to |
6 | | energization shall serve to reduce the ratable |
7 | | payments made after energization under items (ii) and |
8 | | (iii) of subparagraph (L) or payments made for each |
9 | | renewable energy credit delivery under item (iv) of |
10 | | subparagraph (L). |
11 | | (vii) (iv) The remaining capacity 25% shall be |
12 | | allocated as specified by the Agency in order to |
13 | | respond to market demand the long-term renewable |
14 | | resources procurement plan . The Agency shall allocate |
15 | | any discretionary capacity prior to the beginning of |
16 | | each delivery year. |
17 | | To the extent there is uncontracted capacity from any |
18 | | block in any of categories (i) through (vi) at the end of a |
19 | | delivery year, the Agency shall redistribute that capacity |
20 | | to one or more other categories giving priority to |
21 | | categories with projects on a waitlist. The redistributed |
22 | | capacity shall be added to the annual capacity in the |
23 | | subsequent delivery year, and the price for renewable |
24 | | energy credits shall be the price for the new delivery |
25 | | year. Redistributed capacity shall not be considered |
26 | | redistributed when determining whether the goals in this |
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1 | | subsection (K) have been met. |
2 | | Notwithstanding anything to the contrary, as the |
3 | | Agency increases the capacity in item (vi) to 40% over |
4 | | time, the Agency may reduce the capacity of items (i) |
5 | | through (v) proportionate to the capacity of the |
6 | | categories of projects in item (vi), to achieve a balance |
7 | | of project types. |
8 | | The Adjustable Block program shall be designed to |
9 | | ensure that renewable energy credits are procured from |
10 | | photovoltaic distributed renewable energy generation |
11 | | devices and new photovoltaic community renewable energy |
12 | | generation projects in diverse locations and are not |
13 | | concentrated in a few regional geographic areas. |
14 | | (L) Notwithstanding provisions for advancing capital |
15 | | prior to project energization found in item (vi) of |
16 | | subparagraph (K), the The procurement of photovoltaic |
17 | | renewable energy credits under items (i) through (vi) (iv) |
18 | | of subparagraph (K) of this paragraph (1) shall otherwise |
19 | | be subject to the following contract and payment terms: |
20 | | (i) (Blank). The Agency shall procure contracts of at |
21 | | least 15 years in length. |
22 | | (ii) For those renewable energy credits that |
23 | | qualify and are procured under item (i) of |
24 | | subparagraph (K) of this paragraph (1), and any |
25 | | similar category projects that are procured under item |
26 | | (vi) of subparagraph (K) of this paragraph (1) that |
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1 | | qualify and are procured under item (vi), the contract |
2 | | length shall be 15 years. The renewable energy credit |
3 | | delivery contract value purchase price shall be paid |
4 | | in full , based on the estimated generation during the |
5 | | first 15 years of operation, by the contracting |
6 | | utilities at the time that the facility producing the |
7 | | renewable energy credits is interconnected at the |
8 | | distribution system level of the utility and verified |
9 | | as energized and compliant by the Program |
10 | | Administrator energized . The electric utility shall |
11 | | receive and retire all renewable energy credits |
12 | | generated by the project for the first 15 years of |
13 | | operation. Renewable energy credits generated by the |
14 | | project thereafter shall not be transferred under the |
15 | | renewable energy credit delivery contract with the |
16 | | counterparty electric utility. |
17 | | (iii) For those renewable energy credits that |
18 | | qualify and are procured under item (ii) and (v) (iii) |
19 | | of subparagraph (K) of this paragraph (1) and any like |
20 | | projects similar category that qualify and are |
21 | | procured under item (vi), the contract length shall be |
22 | | 15 years. 15% any additional categories of distributed |
23 | | generation included in the long-term renewable |
24 | | resources procurement plan and approved by the |
25 | | Commission, 20 percent of the renewable energy credit |
26 | | delivery contract value, based on the estimated |
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1 | | generation during the first 15 years of operation, |
2 | | purchase price shall be paid by the contracting |
3 | | utilities at the time that the facility producing the |
4 | | renewable energy credits is interconnected at the |
5 | | distribution system level of the utility and verified |
6 | | as energized and compliant by the Program |
7 | | Administrator . The remaining portion shall be paid |
8 | | ratably over the subsequent 6-year 4-year period. The |
9 | | electric utility shall receive and retire all |
10 | | renewable energy credits generated by the project for |
11 | | the first 15 years of operation. Renewable energy |
12 | | credits generated by the project thereafter shall not |
13 | | be transferred under the renewable energy credit |
14 | | delivery contract with the counterparty electric |
15 | | utility. |
16 | | (iv) For those renewable energy credits that |
17 | | qualify and are procured under items (iii) and (iv) of |
18 | | subparagraph (K) of this paragraph (1), and any like |
19 | | projects that qualify and are procured under item |
20 | | (vi), the renewable energy credit delivery contract |
21 | | length shall be 20 years and shall be paid over the |
22 | | delivery term, not to exceed during each delivery year |
23 | | the contract price multiplied by the estimated annual |
24 | | renewable energy credit generation amount. If |
25 | | generation of renewable energy credits during a |
26 | | delivery year exceeds the estimated annual generation |
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1 | | amount, the excess renewable energy credits shall be |
2 | | carried forward to future delivery years and shall not |
3 | | expire during the delivery term. If generation of |
4 | | renewable energy credits during a delivery year, |
5 | | including carried forward excess renewable energy |
6 | | credits, if any, is less than the estimated annual |
7 | | generation amount, payments during such delivery year |
8 | | will not exceed the quantity generated plus the |
9 | | quantity carried forward multiplied by the contract |
10 | | price. The electric utility shall receive all |
11 | | renewable energy credits generated by the project |
12 | | during the first 20 years of operation and retire all |
13 | | renewable energy credits paid for under this item (iv) |
14 | | and return at the end of the delivery term all |
15 | | renewable energy credits that were not paid for. |
16 | | Renewable energy credits generated by the project |
17 | | thereafter shall not be transferred under the |
18 | | renewable energy credit delivery contract with the |
19 | | counterparty electric utility. Notwithstanding the |
20 | | preceding, for those projects participating under item |
21 | | (iii) of subparagraph (K), the contract price for a |
22 | | delivery year shall be based on subscription levels as |
23 | | measured on the higher of the first business day of the |
24 | | delivery year or the first business day 6 months after |
25 | | the first business day of the delivery year. |
26 | | Subscription of 90% of nameplate capacity or greater |
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1 | | shall be deemed to be fully subscribed for the |
2 | | purposes of this item (iv). For projects receiving a |
3 | | 20-year delivery contract, REC prices shall be |
4 | | adjusted downward for consistency with the incentive |
5 | | levels previously determined to be necessary to |
6 | | support projects under 15-year delivery contracts, |
7 | | taking into consideration any additional new |
8 | | requirements placed on the projects, including, but |
9 | | not limited to, labor standards. |
10 | | (v) (iv) Each contract shall include provisions to |
11 | | ensure the delivery of the estimated quantity of |
12 | | renewable energy credits and ongoing collateral |
13 | | requirements and other provisions deemed appropriate |
14 | | by the Agency for the full term of the contract . |
15 | | (vi) (v) The utility shall be the counterparty to |
16 | | the contracts executed under this subparagraph (L) |
17 | | that are approved by the Commission under the process |
18 | | described in Section 16-111.5 of the Public Utilities |
19 | | Act. No contract shall be executed for an amount that |
20 | | is less than one renewable energy credit per year. |
21 | | (vii) (vi) If, at any time, approved applications |
22 | | for the Adjustable Block program exceed funds |
23 | | collected by the electric utility or would cause the |
24 | | Agency to exceed the limitation described in |
25 | | subparagraph (E) of this paragraph (1) on the amount |
26 | | of renewable energy resources that may be procured, |
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1 | | then the Agency may shall consider future uncommitted |
2 | | funds to be reserved for these contracts on a |
3 | | first-come, first-served basis , with the delivery of |
4 | | renewable energy credits required beginning at the |
5 | | time that the reserved funds become available . |
6 | | (viii) (vii) Nothing in this Section shall require |
7 | | the utility to advance any payment or pay any amounts |
8 | | that exceed the actual amount of revenues anticipated |
9 | | to be collected by the utility under paragraph (6) of |
10 | | this subsection (c) and subsection (k) of Section |
11 | | 16-108 of the Public Utilities Act inclusive of |
12 | | eligible funds collected in prior years and |
13 | | alternative compliance payments for use by the |
14 | | utility , and contracts executed under this Section |
15 | | shall expressly incorporate this limitation. |
16 | | (ix) Notwithstanding other requirements of this |
17 | | subparagraph (L), no modification shall be required to |
18 | | Adjustable Block program contracts if they were |
19 | | already executed prior to the establishment, approval, |
20 | | and implementation of new contract forms as a result |
21 | | of this amendatory Act of the 102nd General Assembly. |
22 | | (x) Contracts may be assignable, but only to |
23 | | entities first deemed by the Agency to have met |
24 | | program terms and requirements applicable to direct |
25 | | program participation. In developing contracts for the |
26 | | delivery of renewable energy credits, the Agency shall |
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1 | | be permitted to establish fees applicable to each |
2 | | contract assignment. |
3 | | (M) The Agency shall be authorized to retain one or |
4 | | more experts or expert consulting firms to develop, |
5 | | administer, implement, operate, and evaluate the |
6 | | Adjustable Block program described in subparagraph (K) of |
7 | | this paragraph (1), and the Agency shall retain the |
8 | | consultant or consultants in the same manner, to the |
9 | | extent practicable, as the Agency retains others to |
10 | | administer provisions of this Act, including, but not |
11 | | limited to, the procurement administrator. The selection |
12 | | of experts and expert consulting firms and the procurement |
13 | | process described in this subparagraph (M) are exempt from |
14 | | the requirements of Section 20-10 of the Illinois |
15 | | Procurement Code, under Section 20-10 of that Code. The |
16 | | Agency shall strive to minimize administrative expenses in |
17 | | the implementation of the Adjustable Block program. |
18 | | The Program Administrator may charge application fees |
19 | | to participating firms to cover the cost of program |
20 | | administration. Any application fee amounts shall |
21 | | initially be determined through the long-term renewable |
22 | | resources procurement plan, and modifications to any |
23 | | application fee that deviate more than 25% from the |
24 | | Commission's approved value must be approved by the |
25 | | Commission as a long-term plan revision under Section |
26 | | 16-111.5 of the Public Utilities Act. The Agency shall |
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1 | | consider stakeholder feedback when making adjustments to |
2 | | application fees and shall notify stakeholders in advance |
3 | | of any planned changes. |
4 | | In addition to covering the costs of program |
5 | | administration, the Agency, in conjunction with its |
6 | | Program Administrator, may also use the proceeds of such |
7 | | fees charged to participating firms to support public |
8 | | education and ongoing regional and national coordination |
9 | | with nonprofit organizations, public bodies, and others |
10 | | engaged in the implementation of renewable energy |
11 | | incentive programs or similar initiatives. This work may |
12 | | include developing papers and reports, hosting regional |
13 | | and national conferences, and other work deemed necessary |
14 | | by the Agency to position the State of Illinois as a |
15 | | national leader in renewable energy incentive program |
16 | | development and administration. |
17 | | The Agency and its consultant or consultants shall |
18 | | monitor block activity, share program activity with |
19 | | stakeholders and conduct quarterly regularly scheduled |
20 | | meetings to discuss program activity and market |
21 | | conditions. If necessary, the Agency may make prospective |
22 | | administrative adjustments to the Adjustable Block program |
23 | | design, such as redistributing available funds or making |
24 | | adjustments to purchase prices as necessary to achieve the |
25 | | goals of this subsection (c). Program modifications to any |
26 | | block price , capacity block, or other program element that |
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1 | | do not deviate from the Commission's approved value by |
2 | | more than 10% 25% shall take effect immediately and are |
3 | | not subject to Commission review and approval. Program |
4 | | modifications to any block price , capacity block, or other |
5 | | program element that deviate more than 10% 25% from the |
6 | | Commission's approved value must be approved by the |
7 | | Commission as a long-term plan amendment under Section |
8 | | 16-111.5 of the Public Utilities Act. The Agency shall |
9 | | consider stakeholder feedback when making adjustments to |
10 | | the Adjustable Block design and shall notify stakeholders |
11 | | in advance of any planned changes. |
12 | | The Agency and its program administrators for both the |
13 | | Adjustable Block program and the Illinois Solar for All |
14 | | Program, consistent with the requirements of this |
15 | | subsection (c) and subsection (b) of Section 1-56 of this |
16 | | Act, shall propose the Adjustable Block program terms, |
17 | | conditions, and requirements, including the prices to be |
18 | | paid for renewable energy credits, where applicable, and |
19 | | requirements applicable to participating entities and |
20 | | project applications, through the development, review, and |
21 | | approval of the Agency's long-term renewable resources |
22 | | procurement plan described in this subsection (c) and |
23 | | paragraph (5) of subsection (b) of Section 16-111.5 of the |
24 | | Public Utilities Act. Terms, conditions, and requirements |
25 | | for program participation shall include the following: |
26 | | (i) The Agency shall establish a registration |
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1 | | process for entities seeking to qualify for |
2 | | program-administered incentive funding and establish |
3 | | baseline qualifications for vendor approval. The |
4 | | Agency must maintain a list of approved entities on |
5 | | each program's website, and may revoke a vendor's |
6 | | ability to receive program-administered incentive |
7 | | funding status upon a determination that the vendor |
8 | | failed to comply with contract terms, the law, or |
9 | | other program requirements. |
10 | | (ii) The Agency shall establish program |
11 | | requirements and minimum contract terms to ensure |
12 | | projects are properly installed and produce their |
13 | | expected amounts of energy. Program requirements may |
14 | | include on-site inspections and photo documentation of |
15 | | projects under construction. The Agency may require |
16 | | repairs, alterations, or additions to remedy any |
17 | | material deficiencies discovered. Vendors who have a |
18 | | disproportionately high number of deficient systems |
19 | | may lose their eligibility to continue to receive |
20 | | State-administered incentive funding through Agency |
21 | | programs and procurements. |
22 | | (iii) To discourage deceptive marketing or other |
23 | | bad faith business practices, the Agency may require |
24 | | direct program participants, including agents |
25 | | operating on their behalf, to provide standardized |
26 | | disclosures to a customer prior to that customer's |
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1 | | execution of a contract for the development of a |
2 | | distributed generation system or a subscription to a |
3 | | community solar project. |
4 | | (iv) The Agency shall establish one or multiple |
5 | | Consumer Complaints Centers to accept complaints |
6 | | regarding businesses that participate in, or otherwise |
7 | | benefit from, State-administered incentive funding |
8 | | through Agency-administered programs. The Agency shall |
9 | | maintain a public database of complaints with any |
10 | | confidential or particularly sensitive information |
11 | | redacted from public entries. |
12 | | (v) Through a filing in the proceeding for the |
13 | | approval of its long-term renewable energy resources |
14 | | procurement plan, the Agency shall provide an annual |
15 | | written report to the Illinois Commerce Commission |
16 | | documenting the frequency and nature of complaints and |
17 | | any enforcement actions taken in response to those |
18 | | complaints. |
19 | | (vi) The Agency shall schedule regular meetings |
20 | | with representatives of the Office of the Attorney |
21 | | General, the Illinois Commerce Commission, consumer |
22 | | protection groups, and other interested stakeholders |
23 | | to share relevant information about consumer |
24 | | protection, project compliance, and complaints |
25 | | received. |
26 | | (vii) To the extent that complaints received |
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1 | | implicate the jurisdiction of the Office of the |
2 | | Attorney General, the Illinois Commerce Commission, or |
3 | | local, State, or federal law enforcement, the Agency |
4 | | shall also refer complaints to those entities as |
5 | | appropriate. |
6 | | (N) The long-term renewable resources procurement plan |
7 | | required by this subsection (c) shall include a community |
8 | | renewable generation program. The Agency shall establish |
9 | | the terms, conditions, and program requirements for |
10 | | photovoltaic community renewable generation projects with |
11 | | a goal to expand renewable energy generating facility |
12 | | access to a broader group of energy consumers, to ensure |
13 | | robust participation opportunities for residential and |
14 | | small commercial customers and those who cannot install |
15 | | renewable energy on their own properties. Subject to |
16 | | reasonable limitations, any Any plan approved by the |
17 | | Commission shall allow subscriptions to community |
18 | | renewable generation projects to be portable and |
19 | | transferable. For purposes of this subparagraph (N), |
20 | | "portable" means that subscriptions may be retained by the |
21 | | subscriber even if the subscriber relocates or changes its |
22 | | address within the same utility service territory; and |
23 | | "transferable" means that a subscriber may assign or sell |
24 | | subscriptions to another person within the same utility |
25 | | service territory. |
26 | | Through the development of its long-term renewable |
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1 | | resources procurement plan, the Agency may consider |
2 | | whether community renewable generation projects utilizing |
3 | | technologies other than photovoltaics should be supported |
4 | | through State-administered incentive funding, and may |
5 | | issue requests for information to gauge market demand. |
6 | | Electric utilities shall provide a monetary credit to |
7 | | a subscriber's subsequent bill for service for the |
8 | | proportional output of a community renewable generation |
9 | | project attributable to that subscriber as specified in |
10 | | Section 16-107.5 of the Public Utilities Act. |
11 | | The Agency shall purchase renewable energy credits |
12 | | from subscribed shares of photovoltaic community renewable |
13 | | generation projects through the Adjustable Block program |
14 | | described in subparagraph (K) of this paragraph (1) or |
15 | | through the Illinois Solar for All Program described in |
16 | | Section 1-56 of this Act. The electric utility shall |
17 | | purchase any unsubscribed energy from community renewable |
18 | | generation projects that are Qualifying Facilities ("QF") |
19 | | under the electric utility's tariff for purchasing the |
20 | | output from QFs under Public Utilities Regulatory Policies |
21 | | Act of 1978. |
22 | | The owners of and any subscribers to a community |
23 | | renewable generation project shall not be considered |
24 | | public utilities or alternative retail electricity |
25 | | suppliers under the Public Utilities Act solely as a |
26 | | result of their interest in or subscription to a community |
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1 | | renewable generation project and shall not be required to |
2 | | become an alternative retail electric supplier by |
3 | | participating in a community renewable generation project |
4 | | with a public utility. |
5 | | (O) For the delivery year beginning June 1, 2018, the |
6 | | long-term renewable resources procurement plan required by |
7 | | this subsection (c) shall provide for the Agency to |
8 | | procure contracts to continue offering the Illinois Solar |
9 | | for All Program described in subsection (b) of Section |
10 | | 1-56 of this Act, and the contracts approved by the |
11 | | Commission shall be executed by the utilities that are |
12 | | subject to this subsection (c). The long-term renewable |
13 | | resources procurement plan shall allocate up to |
14 | | $50,000,000 5% of the funds available under the plan for |
15 | | the applicable delivery year, or $10,000,000 per delivery |
16 | | year , whichever is greater, to fund the programs, and the |
17 | | plan shall determine the amount of funding to be |
18 | | apportioned to the programs identified in subsection (b) |
19 | | of Section 1-56 of this Act; provided that for the |
20 | | delivery years beginning June 1, 2021, June 1, 2022, and |
21 | | June 1, 2023, the long-term renewable resources |
22 | | procurement plan may average the annual budgets over a |
23 | | 3-year period to account for program ramp-up. For for the |
24 | | delivery years beginning June 1, 2017, June 1, 2021, and |
25 | | June 1, 2024 2025 , June 1, 2027, and June 1, 2030 and |
26 | | additional the long-term renewable resources procurement |
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1 | | plan shall allocate 10% of the funds available under the |
2 | | plan for the applicable delivery year, or $20,000,000 per |
3 | | delivery year, whichever is greater, and $10,000,000 of |
4 | | such funds in such year shall be provided to the |
5 | | Department of Commerce and Economic Opportunity to |
6 | | implement the workforce development programs and reporting |
7 | | as outlined in used by an electric utility that serves |
8 | | more than 3,000,000 retail customers in the State to |
9 | | implement a Commission-approved plan under Section |
10 | | 16-108.12 of the Public Utilities Act. In making the |
11 | | determinations required under this subparagraph (O), the |
12 | | Commission shall consider the experience and performance |
13 | | under the programs and any evaluation reports. The |
14 | | Commission shall also provide for an independent |
15 | | evaluation of those programs on a periodic basis that are |
16 | | funded under this subparagraph (O). |
17 | | (P) All programs and procurements under this |
18 | | subsection (c) shall be designed to encourage |
19 | | participating projects to use a diverse and equitable |
20 | | workforce and a diverse set of contractors, including |
21 | | minority-owned businesses, disadvantaged businesses, |
22 | | trade unions, graduates of any workforce training programs |
23 | | administered under this Act, and small businesses. |
24 | | The Agency shall develop a method to optimize |
25 | | procurement of renewable energy credits from proposed |
26 | | utility-scale projects that are located in communities |
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1 | | eligible to receive Energy Transition Community Grants |
2 | | pursuant to Section 10-20 of the Energy Community |
3 | | Reinvestment Act. If this requirement conflicts with other |
4 | | provisions of law or the Agency determines that full |
5 | | compliance with the requirements of this subparagraph (P) |
6 | | would be unreasonably costly or administratively |
7 | | impractical, the Agency is to propose alternative |
8 | | approaches to achieve development of renewable energy |
9 | | resources in communities eligible to receive Energy |
10 | | Transition Community Grants pursuant to Section 10-20 of |
11 | | the Energy Community Reinvestment Act or seek an exemption |
12 | | from this requirement from the Commission. |
13 | | (Q) Each facility listed in subitems (i) through |
14 | | (viii) of item (1) of this subparagraph (Q) for which a |
15 | | renewable energy credit delivery contract is signed after |
16 | | the effective date of this amendatory Act of the 102nd |
17 | | General Assembly is subject to the following requirements |
18 | | through the Agency's long-term renewable resources |
19 | | procurement plan: |
20 | | (1) Each facility shall be subject to the |
21 | | prevailing wage requirements included in the |
22 | | Prevailing Wage Act. The Agency shall require |
23 | | verification that all construction performed on the |
24 | | facility by the renewable energy credit delivery |
25 | | contract holder, its contractors, or its |
26 | | subcontractors relating to construction of the |
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1 | | facility is performed by construction employees |
2 | | receiving an amount for that work equal to or greater |
3 | | than the general prevailing rate, as that term is |
4 | | defined in Section 3 of the Prevailing Wage Act. For |
5 | | purposes of this item (1), "house of worship" means |
6 | | property that is both (1) used exclusively by a |
7 | | religious society or body of persons as a place for |
8 | | religious exercise or religious worship and (2) |
9 | | recognized as exempt from taxation pursuant to Section |
10 | | 15-40 of the Property Tax Code. This item (1) shall |
11 | | apply to any the following: |
12 | | (i) all new utility-scale wind projects; |
13 | | (ii) all new utility-scale photovoltaic |
14 | | projects; |
15 | | (iii) all new brownfield photovoltaic |
16 | | projects; |
17 | | (iv) all new photovoltaic community renewable |
18 | | energy facilities that qualify for item (iii) of |
19 | | subparagraph (K) of this paragraph (1); |
20 | | (v) all new community driven community |
21 | | photovoltaic projects that qualify for item (v) of |
22 | | subparagraph (K) of this paragraph (1); |
23 | | (vi) all new photovoltaic distributed |
24 | | renewable energy generation devices on schools |
25 | | that qualify for item (iv) of subparagraph (K) of |
26 | | this paragraph (1); |
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1 | | (vii) all new photovoltaic distributed |
2 | | renewable energy generation devices that (1) |
3 | | qualify for item (i) of subparagraph (K) of this |
4 | | paragraph (1); (2) are not projects that serve |
5 | | single-family or multi-family residential |
6 | | buildings; and (3) are not houses of worship where |
7 | | the aggregate capacity including collocated |
8 | | projects would not exceed 100 kilowatts; |
9 | | (viii) all new photovoltaic distributed |
10 | | renewable energy generation devices that (1) |
11 | | qualify for item (ii) of subparagraph (K) of this |
12 | | paragraph (1); (2) are not projects that serve |
13 | | single-family or multi-family residential |
14 | | buildings; and (3) are not houses of worship where |
15 | | the aggregate capacity including collocated |
16 | | projects would not exceed 100 kilowatts. |
17 | | (2) Renewable energy credits procured from new |
18 | | utility-scale wind projects, new utility-scale solar |
19 | | projects, and new brownfield solar projects pursuant |
20 | | to Agency procurement events occurring after the |
21 | | effective date of this amendatory Act of the 102nd |
22 | | General Assembly must be from facilities built by |
23 | | general contractors that must enter into a project |
24 | | labor agreement, as defined by this Act, prior to |
25 | | construction. The project labor agreement shall be |
26 | | filed with the Director in accordance with procedures |
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1 | | established by the Agency through its long-term |
2 | | renewable resources procurement plan. Any information |
3 | | submitted to the Agency in this item (2) shall be |
4 | | considered commercially sensitive information. At a |
5 | | minimum, the project labor agreement must provide the |
6 | | names, addresses, and occupations of the owner of the |
7 | | plant and the individuals representing the labor |
8 | | organization employees participating in the project |
9 | | labor agreement consistent with the Project Labor |
10 | | Agreements Act. The agreement must also specify the |
11 | | terms and conditions as defined by this Act. |
12 | | (3) It is the intent of this Section to ensure that |
13 | | economic development occurs across Illinois |
14 | | communities, that emerging businesses may grow, and |
15 | | that there is improved access to the clean energy |
16 | | economy by persons who have greater economic burdens |
17 | | to success. The Agency shall take into consideration |
18 | | the unique cost of compliance of this subparagraph (Q) |
19 | | that might be borne by equity eligible contractors, |
20 | | shall include such costs when determining the price of |
21 | | renewable energy credits in the Adjustable Block |
22 | | program, and shall take such costs into consideration |
23 | | in a nondiscriminatory manner when comparing bids for |
24 | | competitive procurements. The Agency shall consider |
25 | | costs associated with compliance whether in the |
26 | | development, financing, or construction of projects. |
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1 | | The Agency shall periodically review the assumptions |
2 | | in these costs and may adjust prices, in compliance |
3 | | with subparagraph (M) of this paragraph (1). |
4 | | (R) In its long-term renewable resources procurement |
5 | | plan, the Agency shall establish a self-direct renewable |
6 | | portfolio standard compliance program for eligible |
7 | | self-direct customers that purchase renewable energy |
8 | | credits from utility-scale wind and solar projects through |
9 | | long-term agreements for purchase of renewable energy |
10 | | credits as described in this Section. Such long-term |
11 | | agreements may include the purchase of energy or other |
12 | | products on a physical or financial basis and may involve |
13 | | an alternative retail electric supplier as defined in |
14 | | Section 16-102 of the Public Utilities Act. This program |
15 | | shall take effect in the delivery year commencing June 1, |
16 | | 2023. |
17 | | (1) For the purposes of this subparagraph: |
18 | | "Eligible self-direct customer" means any retail |
19 | | customers of an electric utility that serves 3,000,000 |
20 | | or more retail customers in the State and whose total |
21 | | highest 30-minute demand was more than 10,000 |
22 | | kilowatts, or any retail customers of an electric |
23 | | utility that serves less than 3,000,000 retail |
24 | | customers but more than 500,000 retail customers in |
25 | | the State and whose total highest 15-minute demand was |
26 | | more than 10,000 kilowatts. |
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1 | | "Retail customer" has the meaning set forth in |
2 | | Section 16-102 of the Public Utilities Act and |
3 | | multiple retail customer accounts under the same |
4 | | corporate parent may aggregate their account demands |
5 | | to meet the 10,000 kilowatt threshold. The criteria |
6 | | for determining whether this subparagraph is |
7 | | applicable to a retail customer shall be based on the |
8 | | 12 consecutive billing periods prior to the start of |
9 | | the year in which the application is filed. |
10 | | (2) For renewable energy credits to count toward |
11 | | the self-direct renewable portfolio standard |
12 | | compliance program, they must: |
13 | | (i) qualify as renewable energy credits as |
14 | | defined in Section 1-10 of this Act; |
15 | | (ii) be sourced from one or more renewable |
16 | | energy generating facilities that comply with the |
17 | | geographic requirements as set forth in |
18 | | subparagraph (I) of paragraph (1) of subsection |
19 | | (c) as interpreted through the Agency's long-term |
20 | | renewable resources procurement plan, or, where |
21 | | applicable, the geographic requirements that |
22 | | governed utility-scale renewable energy credits at |
23 | | the time the eligible self-direct customer entered |
24 | | into the applicable renewable energy credit |
25 | | purchase agreement; |
26 | | (iii) be procured through long-term contracts |
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1 | | with term lengths of at least 10 years either |
2 | | directly with the renewable energy generating |
3 | | facility or through a bundled power purchase |
4 | | agreement, a virtual power purchase agreement, an |
5 | | agreement between the renewable generating |
6 | | facility, an alternative retail electric supplier, |
7 | | and the customer, or such other structure as is |
8 | | permissible under this subparagraph (R); |
9 | | (iv) be equivalent in volume to at least 40% |
10 | | of the eligible self-direct customer's usage, |
11 | | determined annually by the eligible self-direct |
12 | | customer's usage during the previous delivery |
13 | | year, measured to the nearest megawatt-hour; |
14 | | (v) be retired by or on behalf of the large |
15 | | energy customer; |
16 | | (vi) be sourced from new utility-scale wind |
17 | | projects or new utility-scale solar projects; and |
18 | | (vii) if the contracts for renewable energy |
19 | | credits are entered into after the effective date |
20 | | of this amendatory Act of the 102nd General |
21 | | Assembly, the new utility-scale wind projects or |
22 | | new utility-scale solar projects must comply with |
23 | | the requirements established in subparagraphs (P) |
24 | | and (Q) of paragraph (1) of this subsection (c) |
25 | | and subsection (c-10). |
26 | | (3) The self-direct renewable portfolio standard |
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1 | | compliance program shall be designed to allow eligible |
2 | | self-direct customers to procure new renewable energy |
3 | | credits from new utility-scale wind projects or new |
4 | | utility-scale photovoltaic projects. The Agency shall |
5 | | annually determine the amount of utility-scale |
6 | | renewable energy credits it will include each year |
7 | | from the self-direct renewable portfolio standard |
8 | | compliance program, subject to receiving qualifying |
9 | | applications. In making this determination, the Agency |
10 | | shall evaluate publicly available analyses and studies |
11 | | of the potential market size for utility-scale |
12 | | renewable energy long-term purchase agreements by |
13 | | commercial and industrial energy customers and make |
14 | | that report publicly available. If demand for |
15 | | participation in the self-direct renewable portfolio |
16 | | standard compliance program exceeds availability, the |
17 | | Agency shall ensure participation is evenly split |
18 | | between commercial and industrial users to the extent |
19 | | there is sufficient demand from both customer classes. |
20 | | Each renewable energy credit procured pursuant to this |
21 | | subparagraph (R) by a self-direct customer shall |
22 | | reduce the total volume of renewable energy credits |
23 | | the Agency is otherwise required to procure from new |
24 | | utility-scale projects pursuant to subparagraph (C) of |
25 | | paragraph (1) of this subsection (c) on behalf of |
26 | | contracting utilities where the eligible self-direct |
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1 | | customer is located. The self-direct customer shall |
2 | | file an annual compliance report with the Agency |
3 | | pursuant to terms established by the Agency through |
4 | | its long-term renewable resources procurement plan to |
5 | | be eligible for participation in this program. |
6 | | Customers must provide the Agency with their most |
7 | | recent electricity billing statements or other |
8 | | information deemed necessary by the Agency to |
9 | | demonstrate they are an eligible self-direct customer. |
10 | | (4) The Commission shall approve a reduction in |
11 | | the volumetric charges collected pursuant to Section |
12 | | 16-108 of the Public Utilities Act for approved |
13 | | eligible self-direct customers equivalent to the |
14 | | anticipated cost of renewable energy credit deliveries |
15 | | under contracts for new utility-scale wind and new |
16 | | utility-scale solar entered for each delivery year |
17 | | after the large energy customer begins retiring |
18 | | eligible new utility scale renewable energy credits |
19 | | for self-compliance. The self-direct credit amount |
20 | | shall be determined annually and is equal to the |
21 | | estimated portion of the cost authorized by |
22 | | subparagraph (E) of paragraph (1) of this subsection |
23 | | (c) that supported the annual procurement of |
24 | | utility-scale renewable energy credits in the prior |
25 | | delivery year using a methodology described in the |
26 | | long-term renewable resources procurement plan, |
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1 | | expressed on a per kilowatthour basis, and does not |
2 | | include (i) costs associated with any contracts |
3 | | entered into before the delivery year in which the |
4 | | customer files the initial compliance report to be |
5 | | eligible for participation in the self-direct program, |
6 | | and (ii) costs associated with procuring renewable |
7 | | energy credits through existing and future contracts |
8 | | through the Adjustable Block Program, subsection (c-5) |
9 | | of this Section 1-75, and the Solar for All Program. |
10 | | The Agency shall assist the Commission in determining |
11 | | the current and future costs. The Agency must |
12 | | determine the self-direct credit amount for new and |
13 | | existing eligible self-direct customers and submit |
14 | | this to the Commission in an annual compliance filing. |
15 | | The Commission must approve the self-direct credit |
16 | | amount by June 1, 2023 and June 1 of each delivery year |
17 | | thereafter. |
18 | | (5) Customers described in this subparagraph (R) |
19 | | shall apply, on a form developed by the Agency, to the |
20 | | Agency to be designated as a self-direct eligible |
21 | | customer. Once the Agency determines that a |
22 | | self-direct customer is eligible for participation in |
23 | | the program, the self-direct customer will remain |
24 | | eligible until the end of the term of the contract. |
25 | | Thereafter, application may be made not less than 12 |
26 | | months before the filing date of the long-term |
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| | SB2408 Enrolled | - 401 - | LRB102 11366 BMS 16699 b |
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1 | | renewable resources procurement plan described in this |
2 | | Act. At a minimum, such application shall contain the |
3 | | following: |
4 | | (i) the customer's certification that, at the |
5 | | time of the customer's application, the customer |
6 | | qualifies to be a self-direct eligible customer, |
7 | | including documents demonstrating that |
8 | | qualification; |
9 | | (ii) the customer's certification that the |
10 | | customer has entered into or will enter into by |
11 | | the beginning of the applicable procurement year, |
12 | | one or more bilateral contracts for new wind |
13 | | projects or new photovoltaic projects, including |
14 | | supporting documentation; |
15 | | (iii) certification that the contract or |
16 | | contracts for new renewable energy resources are |
17 | | long-term contracts with term lengths of at least |
18 | | 10 years, including supporting documentation; |
19 | | (iv) certification of the quantities of |
20 | | renewable energy credits that the customer will |
21 | | purchase each year under such contract or |
22 | | contracts, including supporting documentation; |
23 | | (v) proof that the contract is sufficient to |
24 | | produce renewable energy credits to be equivalent |
25 | | in volume to at least 40% of the large energy |
26 | | customer's usage from the previous delivery year, |
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1 | | measured to the nearest megawatt-hour; and |
2 | | (vi) certification that the customer intends |
3 | | to maintain the contract for the duration of the |
4 | | length of the contract. |
5 | | (6) If a customer receives the self-direct credit |
6 | | but fails to properly procure and retire renewable |
7 | | energy credits as required under this subparagraph |
8 | | (R), the Commission, on petition from the Agency and |
9 | | after notice and hearing, may direct such customer's |
10 | | utility to recover the cost of the wrongfully received |
11 | | self-direct credits plus interest through an adder to |
12 | | charges assessed pursuant to Section 16-108 of the |
13 | | Public Utilities Act. Self-direct customers who |
14 | | knowingly fail to properly procure and retire |
15 | | renewable energy credits and do not notify the Agency |
16 | | are ineligible for continued participation in the |
17 | | self-direct renewable portfolio standard compliance |
18 | | program. |
19 | | (2) (Blank). |
20 | | (3) (Blank). |
21 | | (4) The electric utility shall retire all renewable |
22 | | energy credits used to comply with the standard. |
23 | | (5) Beginning with the 2010 delivery year and ending |
24 | | June 1, 2017, an electric utility subject to this |
25 | | subsection (c) shall apply the lesser of the maximum |
26 | | alternative compliance payment rate or the most recent |
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1 | | estimated alternative compliance payment rate for its |
2 | | service territory for the corresponding compliance period, |
3 | | established pursuant to subsection (d) of Section 16-115D |
4 | | of the Public Utilities Act to its retail customers that |
5 | | take service pursuant to the electric utility's hourly |
6 | | pricing tariff or tariffs. The electric utility shall |
7 | | retain all amounts collected as a result of the |
8 | | application of the alternative compliance payment rate or |
9 | | rates to such customers, and, beginning in 2011, the |
10 | | utility shall include in the information provided under |
11 | | item (1) of subsection (d) of Section 16-111.5 of the |
12 | | Public Utilities Act the amounts collected under the |
13 | | alternative compliance payment rate or rates for the prior |
14 | | year ending May 31. Notwithstanding any limitation on the |
15 | | procurement of renewable energy resources imposed by item |
16 | | (2) of this subsection (c), the Agency shall increase its |
17 | | spending on the purchase of renewable energy resources to |
18 | | be procured by the electric utility for the next plan year |
19 | | by an amount equal to the amounts collected by the utility |
20 | | under the alternative compliance payment rate or rates in |
21 | | the prior year ending May 31. |
22 | | (6) The electric utility shall be entitled to recover |
23 | | all of its costs associated with the procurement of |
24 | | renewable energy credits under plans approved under this |
25 | | Section and Section 16-111.5 of the Public Utilities Act. |
26 | | These costs shall include associated reasonable expenses |
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1 | | for implementing the procurement programs, including, but |
2 | | not limited to, the costs of administering and evaluating |
3 | | the Adjustable Block program, through an automatic |
4 | | adjustment clause tariff in accordance with subsection (k) |
5 | | of Section 16-108 of the Public Utilities Act. |
6 | | (7) Renewable energy credits procured from new |
7 | | photovoltaic projects or new distributed renewable energy |
8 | | generation devices under this Section after June 1, 2017 |
9 | | (the effective date of Public Act 99-906) must be procured |
10 | | from devices installed by a qualified person in compliance |
11 | | with the requirements of Section 16-128A of the Public |
12 | | Utilities Act and any rules or regulations adopted |
13 | | thereunder. |
14 | | In meeting the renewable energy requirements of this |
15 | | subsection (c), to the extent feasible and consistent with |
16 | | State and federal law, the renewable energy credit |
17 | | procurements, Adjustable Block solar program, and |
18 | | community renewable generation program shall provide |
19 | | employment opportunities for all segments of the |
20 | | population and workforce, including minority-owned and |
21 | | female-owned business enterprises, and shall not, |
22 | | consistent with State and federal law, discriminate based |
23 | | on race or socioeconomic status. |
24 | | (c-5) Procurement of renewable energy credits from new |
25 | | renewable energy facilities installed at or adjacent to the |
26 | | sites of electric generating facilities that burn or burned |
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1 | | coal as their primary fuel source. |
2 | | (1) In addition to the procurement of renewable energy |
3 | | credits pursuant to long-term renewable resources |
4 | | procurement plans in accordance with subsection (c) of |
5 | | this Section and Section 16-111.5 of the Public Utilities |
6 | | Act, the Agency shall conduct procurement events in |
7 | | accordance with this subsection (c-5) for the procurement |
8 | | by electric utilities that served more than 300,000 retail |
9 | | customers in this State as of January 1, 2019 of renewable |
10 | | energy credits from new renewable energy facilities to be |
11 | | installed at or adjacent to the sites of electric |
12 | | generating facilities that, as of January 1, 2016, burned |
13 | | coal as their primary fuel source and meet the other |
14 | | criteria specified in this subsection (c-5). For purposes |
15 | | of this subsection (c-5), "new renewable energy facility" |
16 | | means a new utility-scale solar project as defined in this |
17 | | Section 1-75. The renewable energy credits procured |
18 | | pursuant to this subsection (c-5) may be included or |
19 | | counted for purposes of compliance with the amounts of |
20 | | renewable energy credits required to be procured pursuant |
21 | | to subsection (c) of this Section to the extent that there |
22 | | are otherwise shortfalls in compliance with such |
23 | | requirements. The procurement of renewable energy credits |
24 | | by electric utilities pursuant to this subsection (c-5) |
25 | | shall be funded solely by revenues collected from the Coal |
26 | | to Solar and Energy Storage Initiative Charge provided for |
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1 | | in this subsection (c-5) and subsection (i-5) of Section |
2 | | 16-108 of the Public Utilities Act, shall not be funded by |
3 | | revenues collected through any of the other funding |
4 | | mechanisms provided for in subsection (c) of this Section, |
5 | | and shall not be subject to the limitation imposed by |
6 | | subsection (c) on charges to retail customers for costs to |
7 | | procure renewable energy resources pursuant to subsection |
8 | | (c), and shall not be subject to any other requirements or |
9 | | limitations of subsection (c). |
10 | | (2) The Agency shall conduct 2 procurement events to |
11 | | select owners of electric generating facilities meeting |
12 | | the eligibility criteria specified in this subsection |
13 | | (c-5) to enter into long-term contracts to sell renewable |
14 | | energy credits to electric utilities serving more than |
15 | | 300,000 retail customers in this State as of January 1, |
16 | | 2019. The first procurement event shall be conducted no |
17 | | later than March 31, 2022, unless the Agency elects to |
18 | | delay it, until no later than May 1, 2022, due to its |
19 | | overall volume of work, and shall be to select owners of |
20 | | electric generating facilities located in this State and |
21 | | south of federal Interstate Highway 80 that meet the |
22 | | eligibility criteria specified in this subsection (c-5). |
23 | | The second procurement event shall be conducted no sooner |
24 | | than September 30, 2022 and no later than October 31, 2022 |
25 | | and shall be to select owners of electric generating |
26 | | facilities located anywhere in this State that meet the |
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1 | | eligibility criteria specified in this subsection (c-5). |
2 | | The Agency shall establish and announce a time period, |
3 | | which shall begin no later than 30 days prior to the |
4 | | scheduled date for the procurement event, during which |
5 | | applicants may submit applications to be selected as |
6 | | suppliers of renewable energy credits pursuant to this |
7 | | subsection (c-5). The eligibility criteria for selection |
8 | | as a supplier of renewable energy credits pursuant to this |
9 | | subsection (c-5) shall be as follows: |
10 | | (A) The applicant owns an electric generating |
11 | | facility located in this State that: (i) as of
January |
12 | | 1, 2016, burned coal as its primary fuel to
generate |
13 | | electricity; and (ii) has, or had prior to
retirement, |
14 | | an electric generating capacity of at
least 150 |
15 | | megawatts. The electric generating facility can be |
16 | | either: (i) retired as of the date of the procurement |
17 | | event; or (ii) still operating as of the date of the |
18 | | procurement event. |
19 | | (B) The applicant is not (i) an electric |
20 | | cooperative as defined in Section 3-119 of the Public |
21 | | Utilities Act, or (ii) an entity described in |
22 | | subsection (b)(1) of Section 3-105 of the Public |
23 | | Utilities Act, or an association or consortium of or |
24 | | an entity owned by entities described in (i) or (ii); |
25 | | and the coal-fueled electric generating facility was |
26 | | at one time owned, in whole or in part, by a public |
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1 | | utility as defined in Section 3-105 of the Public |
2 | | Utilities Act. |
3 | | (C) If participating in the first procurement |
4 | | event, the applicant proposes and commits to construct |
5 | | and operate, at the site, and if necessary for |
6 | | sufficient space on property adjacent to the existing |
7 | | property, at which the electric generating facility |
8 | | identified in paragraph (A) is located: (i) a new |
9 | | renewable energy facility of at least 20 megawatts but |
10 | | no more than 100 megawatts of electric generating |
11 | | capacity, and (ii) an energy storage facility having a |
12 | | storage capacity equal to at least 2 megawatts and at |
13 | | most 10 megawatts. If participating in the second |
14 | | procurement event, the applicant proposes and commits |
15 | | to construct and operate, at the site, and if |
16 | | necessary for sufficient space on property adjacent to |
17 | | the existing property, at which the electric |
18 | | generating facility identified in paragraph (A) is |
19 | | located: (i) a new renewable energy facility of at |
20 | | least 5 megawatts but no more than 20 megawatts of |
21 | | electric generating capacity, and (ii) an energy |
22 | | storage facility having a storage capacity equal to at |
23 | | least 0.5 megawatts and at most one megawatt. |
24 | | (D) The applicant agrees that the new renewable |
25 | | energy facility and the energy storage facility will |
26 | | be constructed or installed by a qualified entity or |
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1 | | entities in compliance with the requirements of |
2 | | subsection (g) of Section 16-128A of the Public |
3 | | Utilities Act and any rules adopted thereunder. |
4 | | (E) The applicant agrees that personnel operating |
5 | | the new renewable energy facility and the energy |
6 | | storage facility will have the requisite skills, |
7 | | knowledge, training, experience, and competence, which |
8 | | may be demonstrated by completion or current |
9 | | participation and ultimate completion by employees of |
10 | | an accredited or otherwise recognized apprenticeship |
11 | | program for the employee's particular craft, trade, or |
12 | | skill, including through training and education |
13 | | courses and opportunities offered by the owner to |
14 | | employees of the coal-fueled electric generating |
15 | | facility or by previous employment experience |
16 | | performing the employee's particular work skill or |
17 | | function. |
18 | | (F) The applicant commits that not less than the |
19 | | prevailing wage, as determined pursuant to the |
20 | | Prevailing Wage Act, will be paid to the applicant's |
21 | | employees engaged in construction activities |
22 | | associated with the new renewable energy facility and |
23 | | the new energy storage facility and to the employees |
24 | | of applicant's contractors engaged in construction |
25 | | activities associated with the new renewable energy |
26 | | facility and the new energy storage facility, and |
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1 | | that, on or before the commercial operation date of |
2 | | the new renewable energy facility, the applicant shall |
3 | | file a report with the Agency certifying that the |
4 | | requirements of this subparagraph (F) have been met. |
5 | | (G) The applicant commits that if selected, it |
6 | | will negotiate a project labor agreement for the |
7 | | construction of the new renewable energy facility and |
8 | | associated energy storage facility that includes |
9 | | provisions requiring the parties to the agreement to |
10 | | work together to establish diversity threshold |
11 | | requirements and to ensure best efforts to meet |
12 | | diversity targets, improve diversity at the applicable |
13 | | job site, create diverse apprenticeship opportunities, |
14 | | and create opportunities to employ former coal-fired |
15 | | power plant workers. |
16 | | (H) The applicant commits to enter into a contract |
17 | | or contracts for the applicable duration to provide |
18 | | specified numbers of renewable energy credits each |
19 | | year from the new renewable energy facility to |
20 | | electric utilities that served more than 300,000 |
21 | | retail customers in this State as of January 1, 2019, |
22 | | at a price of $30 per renewable energy credit. The |
23 | | price per renewable energy credit shall be fixed at |
24 | | $30 for the applicable duration and the renewable |
25 | | energy credits shall not be indexed renewable energy |
26 | | credits as provided for in item (v) of subparagraph |
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1 | | (G) of paragraph (1) of subsection (c) of Section 1-75 |
2 | | of this Act. The applicable duration of each contract |
3 | | shall be 20 years, unless the applicant is physically |
4 | | interconnected to the PJM Interconnection, LLC |
5 | | transmission grid and had a generating capacity of at |
6 | | least 1,200 megawatts as of January 1, 2021, in which |
7 | | case the applicable duration of the contract shall be |
8 | | 15 years. |
9 | | (I) The applicant's application is certified by an |
10 | | officer of the applicant and by an officer of the |
11 | | applicant's ultimate parent company, if any. |
12 | | (3) An applicant may submit applications to contract |
13 | | to supply renewable energy credits from more than one new |
14 | | renewable energy facility to be constructed at or adjacent |
15 | | to one or more qualifying electric generating facilities |
16 | | owned by the applicant. The Agency may select new |
17 | | renewable energy facilities to be located at or adjacent |
18 | | to the sites of more than one qualifying electric |
19 | | generation facility owned by an applicant to contract with |
20 | | electric utilities to supply renewable energy credits from |
21 | | such facilities. |
22 | | (4) The Agency shall assess fees to each applicant to |
23 | | recover the Agency's costs incurred in receiving and |
24 | | evaluating applications, conducting the procurement event, |
25 | | developing contracts for sale, delivery and purchase of |
26 | | renewable energy credits, and monitoring the |
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1 | | administration of such contracts, as provided for in this |
2 | | subsection (c-5), including fees paid to a procurement |
3 | | administrator retained by the Agency for one or more of |
4 | | these purposes. |
5 | | (5) The Agency shall select the applicants and the new |
6 | | renewable energy facilities to contract with electric |
7 | | utilities to supply renewable energy credits in accordance |
8 | | with this subsection (c-5). In the first procurement |
9 | | event, the Agency shall select applicants and new |
10 | | renewable energy facilities to supply renewable energy |
11 | | credits, at a price of $30 per renewable energy credit, |
12 | | aggregating to no less than 400,000 renewable energy |
13 | | credits per year for the applicable duration, assuming |
14 | | sufficient qualifying applications to supply, in the |
15 | | aggregate, at least that amount of renewable energy |
16 | | credits per year; and not more than 580,000 renewable |
17 | | energy credits per year for the applicable duration. In |
18 | | the second procurement event, the Agency shall select |
19 | | applicants and new renewable energy facilities to supply |
20 | | renewable energy credits, at a price of $30 per renewable |
21 | | energy credit, aggregating to no more than 625,000 |
22 | | renewable energy credits per year less the amount of |
23 | | renewable energy credits each year contracted for as a |
24 | | result of the first procurement event, for the applicable |
25 | | durations. The number of renewable energy credits to be |
26 | | procured as specified in this paragraph (5) shall not be |
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1 | | reduced based on renewable energy credits procured in the |
2 | | self-direct renewable energy credit compliance program |
3 | | established pursuant to subparagraph (R) of paragraph (1) |
4 | | of subsection (c) of Section 1-75. |
5 | | (6) The obligation to purchase renewable energy |
6 | | credits from the applicants and their new renewable energy |
7 | | facilities selected by the Agency shall be allocated to |
8 | | the electric utilities based on their respective |
9 | | percentages of kilowatthours delivered to delivery |
10 | | services customers to the aggregate kilowatthour |
11 | | deliveries by the electric utilities to delivery services |
12 | | customers for the year ended December 31, 2021. In order |
13 | | to achieve these allocation percentages between or among |
14 | | the electric utilities, the Agency shall require each |
15 | | applicant that is selected in the procurement event to |
16 | | enter into a contract with each electric utility for the |
17 | | sale and purchase of renewable energy credits from each |
18 | | new renewable energy facility to be constructed and |
19 | | operated by the applicant, with the sale and purchase |
20 | | obligations under the contracts to aggregate to the total |
21 | | number of renewable energy credits per year to be supplied |
22 | | by the applicant from the new renewable energy facility. |
23 | | (7) The Agency shall submit its proposed selection of |
24 | | applicants, new renewable energy facilities to be |
25 | | constructed, and renewable energy credit amounts for each |
26 | | procurement event to the Commission for approval. The |
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1 | | Commission shall, within 2 business days after receipt of |
2 | | the Agency's proposed selections, approve the proposed |
3 | | selections if it determines that the applicants and the |
4 | | new renewable energy facilities to be constructed meet the |
5 | | selection criteria set forth in this subsection (c-5) and |
6 | | that the Agency seeks approval for contracts of applicable |
7 | | durations aggregating to no more than the maximum amount |
8 | | of renewable energy credits per year authorized by this |
9 | | subsection (c-5) for the procurement event, at a price of |
10 | | $30 per renewable energy credit. |
11 | | (8) The Agency, in conjunction with its procurement |
12 | | administrator if one is retained, the electric utilities, |
13 | | and potential applicants for contracts to produce and |
14 | | supply renewable energy credits pursuant to this |
15 | | subsection (c-5), shall develop a standard form contract |
16 | | for the sale, delivery and purchase of renewable energy |
17 | | credits pursuant to this subsection (c-5). Each contract |
18 | | resulting from the first procurement event shall allow for |
19 | | a commercial operation date for the new renewable energy |
20 | | facility of either June 1, 2023 or June 1, 2024, with such |
21 | | dates subject to adjustment as provided in this paragraph. |
22 | | Each contract resulting from the second procurement event |
23 | | shall provide for a commercial operation date on June 1 |
24 | | next occurring up to 48 months after execution of the |
25 | | contract. Each contract shall provide that the owner shall |
26 | | receive payments for renewable energy credits for the |
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1 | | applicable durations beginning with the commercial |
2 | | operation date of the new renewable energy facility. The |
3 | | form contract shall provide for adjustments to the |
4 | | commercial operation and payment start dates as needed due |
5 | | to any delays in completing the procurement and |
6 | | contracting processes, in finalizing interconnection |
7 | | agreements and installing interconnection facilities, and |
8 | | in obtaining other necessary governmental permits and |
9 | | approvals. The form contract shall be, to the maximum |
10 | | extent possible, consistent with standard electric |
11 | | industry contracts for sale, delivery, and purchase of |
12 | | renewable energy credits while taking into account the |
13 | | specific requirements of this subsection (c-5). The form |
14 | | contract shall provide for over-delivery and |
15 | | under-delivery of renewable energy credits within |
16 | | reasonable ranges during each 12-month period and penalty, |
17 | | default, and enforcement provisions for failure of the |
18 | | selling party to deliver renewable energy credits as |
19 | | specified in the contract and to comply with the |
20 | | requirements of this subsection (c-5). The standard form |
21 | | contract shall specify that all renewable energy credits |
22 | | delivered to the electric utility pursuant to the contract |
23 | | shall be retired. The Agency shall make the proposed |
24 | | contracts available for a reasonable period for comment by |
25 | | potential applicants, and shall publish the final form |
26 | | contract at least 30 days before the date of the first |
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1 | | procurement event. |
2 | | (9) Coal to Solar and Energy Storage Initiative |
3 | | Charge. |
4 | | (A) By no later than July 1, 2022, each electric |
5 | | utility that served more than 300,000 retail customers |
6 | | in this State as of January 1, 2019 shall file a tariff |
7 | | with the Commission for the billing and collection of |
8 | | a Coal to Solar and Energy Storage Initiative Charge |
9 | | in accordance with subsection (i-5) of Section 16-108 |
10 | | of the Public Utilities Act, with such tariff to be |
11 | | effective, following review and approval or |
12 | | modification by the Commission, beginning January 1, |
13 | | 2023. The tariff shall provide for the calculation and |
14 | | setting of the electric utility's Coal to Solar and |
15 | | Energy Storage Initiative Charge to collect revenues |
16 | | estimated to be sufficient, in the aggregate, (i) to |
17 | | enable the electric utility to pay for the renewable |
18 | | energy credits it has contracted to purchase in the |
19 | | delivery year beginning June 1, 2023 and each delivery |
20 | | year thereafter from new renewable energy facilities |
21 | | located at the sites of qualifying electric generating |
22 | | facilities, and (ii) to fund the grant payments to be |
23 | | made in each delivery year by the Department of |
24 | | Commerce and Economic Opportunity, or any successor |
25 | | department or agency, which shall be referred to in |
26 | | this subsection (c-5) as the Department, pursuant to |
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1 | | paragraph (10) of this subsection (c-5). The electric |
2 | | utility's tariff shall provide for the billing and |
3 | | collection of the Coal to Solar and Energy Storage |
4 | | Initiative Charge on each kilowatthour of electricity |
5 | | delivered to its delivery services customers within |
6 | | its service territory and shall provide for an annual |
7 | | reconciliation of revenues collected with actual |
8 | | costs, in accordance with subsection (i-5) of Section |
9 | | 16-108 of the Public Utilities Act. |
10 | | (B) Each electric utility shall remit on a monthly |
11 | | basis to the State Treasurer, for deposit in the Coal |
12 | | to Solar and Energy Storage Initiative Fund provided |
13 | | for in this subsection (c-5), the electric utility's |
14 | | collections of the Coal to Solar and Energy Storage |
15 | | Initiative Charge in the amount estimated to be needed |
16 | | by the Department for grant payments pursuant to grant |
17 | | contracts entered into by the Department pursuant to |
18 | | paragraph (10) of this subsection (c-5). |
19 | | (10) Coal to Solar and Energy Storage Initiative Fund. |
20 | | (A) The Coal to Solar and Energy Storage |
21 | | Initiative Fund is established as a special fund in |
22 | | the State treasury. The Coal to Solar and Energy |
23 | | Storage Initiative Fund is authorized to receive, by |
24 | | statutory deposit, that portion specified in item (B) |
25 | | of paragraph (9) of this subsection (c-5) of moneys |
26 | | collected by electric utilities through imposition of |
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1 | | the Coal to Solar and Energy Storage Initiative Charge |
2 | | required by this subsection (c-5). The Coal to Solar |
3 | | and Energy Storage Initiative Fund shall be |
4 | | administered by the Department to provide grants to |
5 | | support the installation and operation of energy |
6 | | storage facilities at the sites of qualifying electric |
7 | | generating facilities meeting the criteria specified |
8 | | in this paragraph (10). |
9 | | (B) The Coal to Solar and Energy Storage |
10 | | Initiative Fund shall not be subject to sweeps, |
11 | | administrative charges, or chargebacks, including, but |
12 | | not limited to, those authorized under Section 8h of |
13 | | the State Finance Act, that would in any way result in |
14 | | the transfer of those funds from the Coal to Solar and |
15 | | Energy Storage Initiative Fund to any other fund of |
16 | | this State or in having any such funds utilized for any |
17 | | purpose other than the express purposes set forth in |
18 | | this paragraph (10). |
19 | | (C) The Department shall utilize up to |
20 | | $280,500,000 in the Coal to Solar and Energy Storage |
21 | | Initiative Fund for grants, assuming sufficient |
22 | | qualifying applicants, to support installation of |
23 | | energy storage facilities at the sites of up to 3 |
24 | | qualifying electric generating facilities located in |
25 | | the Midcontinent Independent System Operator, Inc., |
26 | | region in Illinois and the sites of up to 2 qualifying |
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1 | | electric generating facilities located in the PJM |
2 | | Interconnection, LLC region in Illinois that meet the |
3 | | criteria set forth in this subparagraph (C). The |
4 | | criteria for receipt of a grant pursuant to this |
5 | | subparagraph (C) are as follows: |
6 | | (1) the electric generating facility at the |
7 | | site has, or had prior to retirement, an electric |
8 | | generating capacity of at least 150 megawatts; |
9 | | (2) the electric generating facility burns (or |
10 | | burned prior to retirement) coal as its primary |
11 | | source of fuel; |
12 | | (3) if the electric generating facility is |
13 | | retired, it was retired subsequent to January 1, |
14 | | 2016; |
15 | | (4) the owner of the electric generating |
16 | | facility has not been selected by the Agency |
17 | | pursuant to this subsection (c-5) of this Section |
18 | | to enter into a contract to sell renewable energy |
19 | | credits to one or more electric utilities from a |
20 | | new renewable energy facility located or to be |
21 | | located at or adjacent to the site at which the |
22 | | electric generating facility is located; |
23 | | (5) the electric generating facility located |
24 | | at the site was at one time owned, in whole or in |
25 | | part, by a public utility as defined in Section |
26 | | 3-105 of the Public Utilities Act; |
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1 | | (6) the electric generating facility at the |
2 | | site is not owned by (i) an electric cooperative |
3 | | as defined in Section 3-119 of the Public |
4 | | Utilities Act, or (ii) an entity described in |
5 | | subsection (b)(1) of Section 3-105 of the Public |
6 | | Utilities Act, or an association or consortium of |
7 | | or an entity owned by entities described in items |
8 | | (i) or (ii); |
9 | | (7) the proposed energy storage facility at |
10 | | the site will have energy storage capacity of at |
11 | | least 37 megawatts; |
12 | | (8) the owner commits to place the energy |
13 | | storage facility into commercial operation on |
14 | | either June 1, 2023, June 1, 2024, or June 1, 2025, |
15 | | with such date subject to adjustment as needed due |
16 | | to any delays in completing the grant contracting |
17 | | process, in finalizing interconnection agreements |
18 | | and in installing interconnection facilities, and |
19 | | in obtaining necessary governmental permits and |
20 | | approvals; |
21 | | (9) the owner agrees that the new energy |
22 | | storage facility will be constructed or installed |
23 | | by a qualified entity or entities consistent with |
24 | | the requirements of subsection (g) of Section |
25 | | 16-128A of the Public Utilities Act and any rules |
26 | | adopted under that Section; |
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1 | | (10) the owner agrees that personnel operating |
2 | | the energy storage facility will have the |
3 | | requisite skills, knowledge, training, experience, |
4 | | and competence, which may be demonstrated by |
5 | | completion or current participation and ultimate |
6 | | completion by employees of an accredited or |
7 | | otherwise recognized apprenticeship program for |
8 | | the employee's particular craft, trade, or skill, |
9 | | including through training and education courses |
10 | | and opportunities offered by the owner to |
11 | | employees of the coal-fueled electric generating |
12 | | facility or by previous employment experience |
13 | | performing the employee's particular work skill or |
14 | | function; |
15 | | (11) the owner commits that not less than the |
16 | | prevailing wage, as determined pursuant to the |
17 | | Prevailing Wage Act, will be paid to the owner's |
18 | | employees engaged in construction activities |
19 | | associated with the new energy storage facility |
20 | | and to the employees of the owner's contractors |
21 | | engaged in construction activities associated with |
22 | | the new energy storage facility, and that, on or |
23 | | before the commercial operation date of the new |
24 | | energy storage facility, the owner shall file a |
25 | | report with the Department certifying that the |
26 | | requirements of this subparagraph (11) have been |
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1 | | met; and |
2 | | (12) the owner commits that if selected to |
3 | | receive a grant, it will negotiate a project labor |
4 | | agreement for the construction of the new energy |
5 | | storage facility that includes provisions |
6 | | requiring the parties to the agreement to work |
7 | | together to establish diversity threshold |
8 | | requirements and to ensure best efforts to meet |
9 | | diversity targets, improve diversity at the |
10 | | applicable job site, create diverse apprenticeship |
11 | | opportunities, and create opportunities to employ |
12 | | former coal-fired power plant workers. |
13 | | The Department shall accept applications for this |
14 | | grant program until March 31, 2022 and shall announce |
15 | | the award of grants no later than June 1, 2022. The |
16 | | Department shall make the grant payments to a |
17 | | recipient in equal annual amounts for 10 years |
18 | | following the date the energy storage facility is |
19 | | placed into commercial operation. The annual grant |
20 | | payments to a qualifying energy storage facility shall |
21 | | be $110,000 per megawatt of energy storage capacity, |
22 | | with total annual grant payments pursuant to this |
23 | | subparagraph (C) for qualifying energy storage |
24 | | facilities not to exceed $28,050,000 in any year. |
25 | | (D) Grants of funding for energy storage |
26 | | facilities pursuant to subparagraph (C) of this |
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1 | | paragraph (10), from the Coal to Solar and Energy |
2 | | Storage Initiative Fund, shall be memorialized in |
3 | | grant contracts between the Department and the |
4 | | recipient. The grant contracts shall specify the date |
5 | | or dates in each year on which the annual grant |
6 | | payments shall be paid. |
7 | | (E) All disbursements from the Coal to Solar and |
8 | | Energy Storage Initiative Fund shall be made only upon |
9 | | warrants of the Comptroller drawn upon the Treasurer |
10 | | as custodian of the Fund upon vouchers signed by the |
11 | | Director of the Department or by the person or persons |
12 | | designated by the Director of the Department for that |
13 | | purpose. The Comptroller is authorized to draw the |
14 | | warrants upon vouchers so signed. The Treasurer shall |
15 | | accept all written warrants so signed and shall be |
16 | | released from liability for all payments made on those |
17 | | warrants. |
18 | | (11) Diversity, equity, and inclusion plans. |
19 | | (A) Each applicant selected in a procurement event |
20 | | to contract to supply renewable energy credits in |
21 | | accordance with this subsection (c-5) and each owner |
22 | | selected by the Department to receive a grant or |
23 | | grants to support the construction and operation of a |
24 | | new energy storage facility or facilities in |
25 | | accordance with this subsection (c-5) shall, within 60 |
26 | | days following the Commission's approval of the |
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1 | | applicant to contract to supply renewable energy |
2 | | credits or within 60 days following execution of a |
3 | | grant contract with the Department, as applicable, |
4 | | submit to the Commission a diversity, equity, and |
5 | | inclusion plan setting forth the applicant's or |
6 | | owner's numeric goals for the diversity composition of |
7 | | its supplier entities for the new renewable energy |
8 | | facility or new energy storage facility, as |
9 | | applicable, which shall be referred to for purposes of |
10 | | this paragraph (11) as the project, and the |
11 | | applicant's or owner's action plan and schedule for |
12 | | achieving those goals. |
13 | | (B) For purposes of this paragraph (11), diversity |
14 | | composition shall be based on the percentage, which |
15 | | shall be a minimum of 25%, of eligible expenditures |
16 | | for contract awards for materials and services (which |
17 | | shall be defined in the plan) to business enterprises |
18 | | owned by minority persons, women, or persons with |
19 | | disabilities as defined in Section 2 of the Business |
20 | | Enterprise for Minorities, Women, and Persons with |
21 | | Disabilities Act, to LGBTQ business enterprises, to |
22 | | veteran-owned business enterprises, and to business |
23 | | enterprises located in environmental justice |
24 | | communities. The diversity composition goals of the |
25 | | plan may include eligible expenditures in areas for |
26 | | vendor or supplier opportunities in addition to |
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1 | | development and construction of the project, and may |
2 | | exclude from eligible expenditures materials and |
3 | | services with limited market availability, limited |
4 | | production and availability from suppliers in the |
5 | | United States, such as solar panels and storage |
6 | | batteries, and material and services that are subject |
7 | | to critical energy infrastructure or cybersecurity |
8 | | requirements or restrictions. The plan may provide |
9 | | that the diversity composition goals may be met |
10 | | through Tier 1 Direct or Tier 2 subcontracting |
11 | | expenditures or a combination thereof for the project. |
12 | | (C) The plan shall provide for, but not be limited |
13 | | to: (i) internal initiatives, including multi-tier |
14 | | initiatives, by the applicant or owner, or by its |
15 | | engineering, procurement and construction contractor |
16 | | if one is used for the project, which for purposes of |
17 | | this paragraph (11) shall be referred to as the EPC |
18 | | contractor, to enable diverse businesses to be |
19 | | considered fairly for selection to provide materials |
20 | | and services; (ii) requirements for the applicant or |
21 | | owner or its EPC contractor to proactively solicit and |
22 | | utilize diverse businesses to provide materials and |
23 | | services; and (iii) requirements for the applicant or |
24 | | owner or its EPC contractor to hire a diverse |
25 | | workforce for the project. The plan shall include a |
26 | | description of the applicant's or owner's diversity |
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1 | | recruiting efforts both for the project and for other |
2 | | areas of the applicant's or owner's business |
3 | | operations. The plan shall provide for the imposition |
4 | | of financial penalties on the applicant's or owner's |
5 | | EPC contractor for failure to exercise best efforts to |
6 | | comply with and execute the EPC contractor's diversity |
7 | | obligations under the plan. The plan may provide for |
8 | | the applicant or owner to set aside a portion of the |
9 | | work on the project to serve as an incubation program |
10 | | for qualified businesses, as specified in the plan, |
11 | | owned by minority persons, women, persons with |
12 | | disabilities, LGBTQ persons, and veterans, and |
13 | | businesses located in environmental justice |
14 | | communities, seeking to enter the renewable energy |
15 | | industry. |
16 | | (D) The applicant or owner may submit a revised or |
17 | | updated plan to the Commission from time to time as |
18 | | circumstances warrant. The applicant or owner shall |
19 | | file annual reports with the Commission detailing the |
20 | | applicant's or owner's progress in implementing its |
21 | | plan and achieving its goals and any modifications the |
22 | | applicant or owner has made to its plan to better |
23 | | achieve its diversity, equity and inclusion goals. The |
24 | | applicant or owner shall file a final report on the |
25 | | fifth June 1 following the commercial operation date |
26 | | of the new renewable energy resource or new energy |
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1 | | storage facility, but the applicant or owner shall |
2 | | thereafter continue to be subject to applicable |
3 | | reporting requirements of Section 5-117 of the Public |
4 | | Utilities Act. |
5 | | (c-10) Equity accountability system. It is the purpose of |
6 | | this subsection (c-10) to create an equity accountability |
7 | | system, which includes the minimum equity standards for all |
8 | | renewable energy procurements, the equity category of the |
9 | | Adjustable Block Program, and the equity prioritization for |
10 | | noncompetitive procurements, that is successful in advancing |
11 | | priority access to the clean energy economy for businesses and |
12 | | workers from communities that have been excluded from economic |
13 | | opportunities in the energy sector, have been subject to |
14 | | disproportionate levels of pollution, and have |
15 | | disproportionately experienced negative public health |
16 | | outcomes. Further, it is the purpose of this subsection to |
17 | | ensure that this equity accountability system is successful in |
18 | | advancing equity across Illinois by providing access to the |
19 | | clean energy economy for businesses and workers from |
20 | | communities that have been historically excluded from economic |
21 | | opportunities in the energy sector, have been subject to |
22 | | disproportionate levels of pollution, and have |
23 | | disproportionately experienced negative public health |
24 | | outcomes. |
25 | | (1) Minimum equity standards. The Agency shall create |
26 | | programs with the purpose of increasing access to and |
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1 | | development of equity eligible contractors, who are prime |
2 | | contractors and subcontractors, across all of the programs |
3 | | it manages. All applications for renewable energy credit |
4 | | procurements shall comply with specific minimum equity |
5 | | commitments. Starting in the delivery year immediately |
6 | | following the next long-term renewable resources |
7 | | procurement plan, at least 10% of the project workforce |
8 | | for each entity participating in a procurement program |
9 | | outlined in this subsection (c-10) must be done by equity |
10 | | eligible persons or equity eligible contractors. The |
11 | | Agency shall increase the minimum percentage each delivery |
12 | | year thereafter by increments that ensure a statewide |
13 | | average of 30% of the project workforce for each entity |
14 | | participating in a procurement program is done by equity |
15 | | eligible persons or equity eligible contractors by 2030. |
16 | | The Agency shall propose a schedule of percentage |
17 | | increases to the minimum equity standards in its draft |
18 | | revised renewable energy resources procurement plan |
19 | | submitted to the Commission for approval pursuant to |
20 | | paragraph (5) of subsection (b) of Section 16-111.5 of the |
21 | | Public Utilities Act. In determining these annual |
22 | | increases, the Agency shall have the discretion to |
23 | | establish different minimum equity standards for different |
24 | | types of procurements and different regions of the State |
25 | | if the Agency finds that doing so will further the |
26 | | purposes of this subsection (c-10). The proposed schedule |
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1 | | of annual increases shall be revisited and updated on an |
2 | | annual basis. Revisions shall be developed with |
3 | | stakeholder input, including from equity eligible persons, |
4 | | equity eligible contractors, clean energy industry |
5 | | representatives, and community-based organizations that |
6 | | work with such persons and contractors. |
7 | | (A) At the start of each delivery year, the Agency |
8 | | shall require a compliance plan from each entity |
9 | | participating in a procurement program of subsection |
10 | | (c) of this Section that demonstrates how they will |
11 | | achieve compliance with the minimum equity standard |
12 | | percentage for work completed in that delivery year. |
13 | | If an entity applies for its approved vendor or |
14 | | designee status between delivery years, the Agency |
15 | | shall require a compliance plan at the time of |
16 | | application. |
17 | | (B) Halfway through each delivery year, the Agency |
18 | | shall require each entity participating in a |
19 | | procurement program to confirm that it will achieve |
20 | | compliance in that delivery year, when applicable. The |
21 | | Agency may offer corrective action plans to entities |
22 | | that are not on track to achieve compliance. |
23 | | (C) At the end of each delivery year, each entity |
24 | | participating and completing work in that delivery |
25 | | year in a procurement program of subsection (c) shall |
26 | | submit a report to the Agency that demonstrates how it |
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1 | | achieved compliance with the minimum equity standards |
2 | | percentage for that delivery year. |
3 | | (D) The Agency shall prohibit participation in |
4 | | procurement programs by an approved vendor or |
5 | | designee, as applicable, or entities with which an |
6 | | approved vendor or designee, as applicable, shares a |
7 | | common parent company if an approved vendor or |
8 | | designee, as applicable, failed to meet the minimum |
9 | | equity standards for the prior delivery year. Waivers |
10 | | approved for lack of equity eligible persons or equity |
11 | | eligible contractors in a geographic area of a project |
12 | | shall not count against the approved vendor or |
13 | | designee. The Agency shall offer a corrective action |
14 | | plan for any such entities to assist them in obtaining |
15 | | compliance and shall allow continued access to |
16 | | procurement programs upon an approved vendor or |
17 | | designee demonstrating compliance. |
18 | | (E) The Agency shall pursue efficiencies achieved |
19 | | by combining with other approved vendor or designee |
20 | | reporting. |
21 | | (2) Equity accountability system within the Adjustable |
22 | | Block program. The equity category described in item (vi) |
23 | | of subparagraph (K) of subsection (c) is only available to |
24 | | applicants that are equity eligible contractors. |
25 | | (3) Equity accountability system within competitive |
26 | | procurements. Through its long-term renewable resources |
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1 | | procurement plan, the Agency shall develop requirements |
2 | | for ensuring that competitive procurement processes, |
3 | | including utility-scale solar, utility-scale wind, and |
4 | | brownfield site photovoltaic projects, advance the equity |
5 | | goals of this subsection (c-10). Subject to Commission |
6 | | approval, the
Agency shall develop bid application |
7 | | requirements and a
bid evaluation methodology for ensuring |
8 | | that utilization
of equity eligible contractors, whether |
9 | | as bidders or as
participants on project development, is |
10 | | optimized,
including requiring that winning or successful |
11 | | applicants
for utility-scale projects are or will partner |
12 | | with equity
eligible contractors and giving preference to |
13 | | bids through which a higher portion of contract value |
14 | | flows to equity eligible contractors. To the extent |
15 | | practicable, entities participating in competitive |
16 | | procurements shall also be required to meet all the equity |
17 | | accountability requirements for approved vendors and their |
18 | | designees under this subsection (c-10). In developing |
19 | | these requirements, the Agency shall also consider whether |
20 | | equity goals can be further advanced through additional |
21 | | measures. |
22 | | (4) In the first revision to the long-term renewable |
23 | | energy resources procurement plan and each revision |
24 | | thereafter, the Agency shall include the following: |
25 | | (A) The current status and number of equity |
26 | | eligible contractors listed in the Energy Workforce |
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1 | | Equity Database designed in subsection (c-25), |
2 | | including the number of equity eligible contractors |
3 | | with current certifications as issued by the Agency. |
4 | | (B) A mechanism for measuring, tracking, and |
5 | | reporting project workforce at the approved vendor or |
6 | | designee level, as applicable, which shall include a |
7 | | measurement methodology and records to be made |
8 | | available for audit by the Agency or the Program |
9 | | Administrator. |
10 | | (C) A program for approved vendors, designees, |
11 | | eligible persons, and equity eligible contractors to |
12 | | receive trainings, guidance, and other support from |
13 | | the Agency or its designee regarding the equity |
14 | | category outlined in item (vi) of subparagraph (K) of |
15 | | paragraph (1) of subsection (c) and in meeting the |
16 | | minimum equity standards of this subsection (c-10). |
17 | | (D) A process for certifying equity eligible |
18 | | contractors and equity eligible persons. The |
19 | | certification process shall coordinate with the Energy |
20 | | Workforce Equity Database set forth in subsection |
21 | | (c-25). |
22 | | (E) An application for waiver of the minimum |
23 | | equity standards of this subsection, which the Agency |
24 | | shall have the discretion to grant in rare |
25 | | circumstances. The Agency may grant such a waiver |
26 | | where the applicant provides evidence of significant |
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1 | | efforts toward meeting the minimum equity commitment, |
2 | | including: use of the Energy Workforce Equity |
3 | | Database; efforts to hire or contract with entities |
4 | | that hire eligible persons; and efforts to establish |
5 | | contracting relationships with eligible contractors. |
6 | | The Agency shall support applicants in understanding |
7 | | the Energy Workforce Equity Database and other |
8 | | resources for pursuing compliance of the minimum |
9 | | equity standards. Waivers shall be project-specific, |
10 | | unless the Agency deems it necessary to grant a waiver |
11 | | across a portfolio of projects, and in effect for no |
12 | | longer than one year. Any waiver extension or |
13 | | subsequent waiver request from an applicant shall be |
14 | | subject to the requirements of this Section and shall |
15 | | specify efforts made to reach compliance. When |
16 | | considering whether to grant a waiver, and to what |
17 | | extent, the Agency shall consider the degree to which |
18 | | similarly situated applicants have been able to meet |
19 | | these minimum equity commitments. For repeated waiver |
20 | | requests for specific lack of eligible persons or |
21 | | eligible contractors available, the Agency shall make |
22 | | recommendations to target recruitment to add such |
23 | | eligible persons or eligible contractors to the |
24 | | database. |
25 | | (5) The Agency shall collect information about work on |
26 | | projects or portfolios of projects subject to these |
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1 | | minimum equity standards to ensure compliance with this |
2 | | subsection (c-10). Reporting in furtherance of this |
3 | | requirement may be combined with other annual reporting |
4 | | requirements. Such reporting shall include proof of |
5 | | certification of each equity eligible contractor or equity |
6 | | eligible person during the applicable time period. |
7 | | (6) The Agency shall keep confidential all information |
8 | | and communication that provides private or personal |
9 | | information. |
10 | | (7) Modifications to the equity accountability system. |
11 | | As part of the update of the long-term renewable resources |
12 | | procurement plan to be initiated in 2023, or sooner if the |
13 | | Agency deems necessary, the Agency shall determine the |
14 | | extent to which the equity accountability system described |
15 | | in this subsection (c-10) has advanced the goals of this |
16 | | amendatory Act of the 102nd General Assembly, including |
17 | | through the inclusion of equity eligible persons and |
18 | | equity eligible contractors in renewable energy credit |
19 | | projects. If the Agency finds that the equity |
20 | | accountability system has failed to meet those goals to |
21 | | its fullest potential, the Agency may revise the following |
22 | | criteria for future Agency procurements: (A) the |
23 | | percentage of project workforce, or other appropriate |
24 | | workforce measure, certified as equity eligible persons or |
25 | | equity eligible contractors; (B) definitions for equity |
26 | | investment eligible persons and equity investment eligible |
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1 | | community; and (C) such other modifications necessary to |
2 | | advance the goals of this amendatory Act of the 102nd |
3 | | General Assembly effectively. Such revised criteria may |
4 | | also establish distinct equity accountability systems for |
5 | | different types of procurements or different regions of |
6 | | the State if the Agency finds that doing so will further |
7 | | the purposes of such programs. Revisions shall be |
8 | | developed with stakeholder input, including from equity |
9 | | eligible persons, equity eligible contractors, and |
10 | | community-based organizations that work with such persons |
11 | | and contractors. |
12 | | (c-15) Racial discrimination elimination powers and |
13 | | process. |
14 | | (1) Purpose. It is the purpose of this subsection to |
15 | | empower the Agency and other State actors to remedy racial |
16 | | discrimination in Illinois' clean energy economy as |
17 | | effectively and expediently as possible, including through |
18 | | the use of race-conscious remedies, such as race-conscious |
19 | | contracting and hiring goals, as consistent with State and |
20 | | federal law. |
21 | | (2) Racial disparity and discrimination review |
22 | | process. |
23 | | (A) Within one year after awarding contracts using |
24 | | the equity actions processes established in this |
25 | | Section, the Agency shall publish a report evaluating |
26 | | the effectiveness of the equity actions point criteria |
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1 | | of this Section in increasing participation of equity |
2 | | eligible persons and equity eligible contractors. The |
3 | | report shall disaggregate participating workers and |
4 | | contractors by race and ethnicity. The report shall be |
5 | | forwarded to the Governor, the General Assembly, and |
6 | | the Illinois Commerce Commission and be made available |
7 | | to the public. |
8 | | (B) As soon as is practicable thereafter, the |
9 | | Agency, in consultation with the Department of |
10 | | Commerce and Economic Opportunity, Department of |
11 | | Labor, and other agencies that may be relevant, shall |
12 | | commission and publish a disparity and availability |
13 | | study that measures the presence and impact of |
14 | | discrimination on minority businesses and workers in |
15 | | Illinois' clean energy economy. The Agency may hire |
16 | | consultants and experts to conduct the disparity and |
17 | | availability study, with the retention of those |
18 | | consultants and experts exempt from the requirements |
19 | | of Section 20-10 of the Illinois Procurement Code. The |
20 | | Illinois Power Agency shall forward a copy of its |
21 | | findings and recommendations to the Governor, the |
22 | | General Assembly, and the Illinois Commerce |
23 | | Commission. If the disparity and availability study |
24 | | establishes a strong basis in evidence that there is |
25 | | discrimination in Illinois' clean energy economy, the |
26 | | Agency, Department of Commerce and Economic |
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1 | | Opportunity, Department of Labor, Department of |
2 | | Corrections, and other appropriate agencies shall take |
3 | | appropriate remedial actions, including race-conscious |
4 | | remedial actions as consistent with State and federal |
5 | | law, to effectively remedy this discrimination. Such |
6 | | remedies may include modification of the equity |
7 | | accountability system as described in subsection |
8 | | (c-10). |
9 | | (c-20) Program data collection. |
10 | | (1) Purpose. Data collection, data analysis, and |
11 | | reporting are critical to ensure that the benefits of the |
12 | | clean energy economy provided to Illinois residents and |
13 | | businesses are equitably distributed across the State. The |
14 | | Agency shall collect data from program applicants in order |
15 | | to track and improve equitable distribution of benefits |
16 | | across Illinois communities for all procurements the |
17 | | Agency conducts. The Agency shall use this data to, among |
18 | | other things, measure any potential impact of racial |
19 | | discrimination on the distribution of benefits and provide |
20 | | information necessary to correct any discrimination |
21 | | through methods consistent with State and federal law. |
22 | | (2) Agency collection of program data. The Agency |
23 | | shall collect demographic and geographic data for each |
24 | | entity awarded contracts under any Agency-administered |
25 | | program. |
26 | | (3) Required information to be collected. The Agency |
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1 | | shall collect the following information from applicants |
2 | | and program participants where applicable: |
3 | | (A) demographic information, including racial or |
4 | | ethnic identity for real persons employed, contracted, |
5 | | or subcontracted through the program and owners of |
6 | | businesses or entities that apply to receive renewable |
7 | | energy credits from the Agency; |
8 | | (B) geographic location of the residency of real |
9 | | persons employed, contracted, or subcontracted through |
10 | | the program and geographic location of the |
11 | | headquarters of the business or entity that applies to |
12 | | receive renewable energy credits from the Agency; and |
13 | | (C) any other information the Agency determines is |
14 | | necessary for the purpose of achieving the purpose of |
15 | | this subsection. |
16 | | (4) Publication of collected information. The Agency |
17 | | shall publish, at least annually, information on the |
18 | | demographics of program participants on an aggregate |
19 | | basis. |
20 | | (5) Nothing in this subsection shall be interpreted to |
21 | | limit the authority of the Agency, or other agency or |
22 | | department of the State, to require or collect demographic |
23 | | information from applicants of other State programs. |
24 | | (c-25) Energy Workforce Equity Database. |
25 | | (1) The Agency, in consultation with the Department of |
26 | | Commerce and Economic Opportunity, shall create an Energy |
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1 | | Workforce Equity Database, and may contract with a third |
2 | | party to do so ("database program administrator"). If the |
3 | | Department decides to contract with a third party, that |
4 | | third party shall be exempt from the requirements of |
5 | | Section 20-10 of the Illinois Procurement Code. The Energy |
6 | | Workforce Equity Database shall be a searchable database |
7 | | of suppliers, vendors, and subcontractors for clean energy |
8 | | industries that is: |
9 | | (A) publicly accessible; |
10 | | (B) easy for people to find and use; |
11 | | (C) organized by company specialty or field; |
12 | | (D) region-specific; and |
13 | | (E) populated with information including, but not |
14 | | limited to, contacts for suppliers, vendors, or |
15 | | subcontractors who are minority and women-owned |
16 | | business enterprise certified or who participate or |
17 | | have participated in any of the programs described in |
18 | | this Act. |
19 | | (2) The Agency shall create an easily accessible, |
20 | | public facing online tool using the database information |
21 | | that includes, at a minimum, the following: |
22 | | (A) a map of environmental justice and equity |
23 | | investment eligible communities; |
24 | | (B) job postings and recruiting opportunities; |
25 | | (C) a means by which recruiting clean energy |
26 | | companies can find and interact with current or former |
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1 | | participants of clean energy workforce training |
2 | | programs; |
3 | | (D) information on workforce training service |
4 | | providers and training opportunities available to |
5 | | prospective workers; |
6 | | (E) renewable energy company diversity reporting; |
7 | | (F) a list of equity eligible contractors with |
8 | | their contact information, types of work performed, |
9 | | and locations worked in; |
10 | | (G) reporting on outcomes of the programs |
11 | | described in the workforce programs of the Energy |
12 | | Transition Act, including information such as, but not |
13 | | limited to, retention rate, graduation rate, and |
14 | | placement rates of trainees; and |
15 | | (H) information about the Jobs and Environmental |
16 | | Justice Grant Program, the Clean Energy Jobs and |
17 | | Justice Fund, and other sources of capital. |
18 | | (3) The Agency shall ensure the database is regularly |
19 | | updated to ensure information is current and shall |
20 | | coordinate with the Department of Commerce and Economic |
21 | | Opportunity to ensure that it includes information on |
22 | | individuals and entities that are or have participated in |
23 | | the Clean Jobs Workforce Network Program, Clean Energy |
24 | | Contractor Incubator Program, Returning Residents Clean |
25 | | Jobs Training Program, or Clean Energy Primes Contractor |
26 | | Accelerator Program. |
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1 | | (c-30) Enforcement of minimum equity standards. All |
2 | | entities seeking renewable energy credits must submit an |
3 | | annual report to demonstrate compliance with each of the |
4 | | equity commitments required under subsection (c-10). If the |
5 | | Agency concludes the entity has not met or maintained its |
6 | | minimum equity standards required under the applicable |
7 | | subparagraphs under subsection (c-10), the Agency shall deny |
8 | | the entity's ability to participate in procurement programs in |
9 | | subsection (c), including by withholding approved vendor or |
10 | | designee status. The Agency may require the entity to enter |
11 | | into a corrective action plan. An entity that is not |
12 | | recertified for failing to meet required equity actions in |
13 | | subparagraph (c-10) may reapply once they have a corrective |
14 | | action plan and achieve compliance with the minimum equity |
15 | | standards. |
16 | | (d) Clean coal portfolio standard. |
17 | | (1) The procurement plans shall include electricity |
18 | | generated using clean coal. Each utility shall enter into |
19 | | one or more sourcing agreements with the initial clean |
20 | | coal facility, as provided in paragraph (3) of this |
21 | | subsection (d), covering electricity generated by the |
22 | | initial clean coal facility representing at least 5% of |
23 | | each utility's total supply to serve the load of eligible |
24 | | retail customers in 2015 and each year thereafter, as |
25 | | described in paragraph (3) of this subsection (d), subject |
26 | | to the limits specified in paragraph (2) of this |
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1 | | subsection (d). It is the goal of the State that by January |
2 | | 1, 2025, 25% of the electricity used in the State shall be |
3 | | generated by cost-effective clean coal facilities. For |
4 | | purposes of this subsection (d), "cost-effective" means |
5 | | that the expenditures pursuant to such sourcing agreements |
6 | | do not cause the limit stated in paragraph (2) of this |
7 | | subsection (d) to be exceeded and do not exceed cost-based |
8 | | benchmarks, which shall be developed to assess all |
9 | | expenditures pursuant to such sourcing agreements covering |
10 | | electricity generated by clean coal facilities, other than |
11 | | the initial clean coal facility, by the procurement |
12 | | administrator, in consultation with the Commission staff, |
13 | | Agency staff, and the procurement monitor and shall be |
14 | | subject to Commission review and approval. |
15 | | A utility party to a sourcing agreement shall |
16 | | immediately retire any emission credits that it receives |
17 | | in connection with the electricity covered by such |
18 | | agreement. |
19 | | Utilities shall maintain adequate records documenting |
20 | | the purchases under the sourcing agreement to comply with |
21 | | this subsection (d) and shall file an accounting with the |
22 | | load forecast that must be filed with the Agency by July 15 |
23 | | of each year, in accordance with subsection (d) of Section |
24 | | 16-111.5 of the Public Utilities Act. |
25 | | A utility shall be deemed to have complied with the |
26 | | clean coal portfolio standard specified in this subsection |
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1 | | (d) if the utility enters into a sourcing agreement as |
2 | | required by this subsection (d). |
3 | | (2) For purposes of this subsection (d), the required |
4 | | execution of sourcing agreements with the initial clean |
5 | | coal facility for a particular year shall be measured as a |
6 | | percentage of the actual amount of electricity |
7 | | (megawatt-hours) supplied by the electric utility to |
8 | | eligible retail customers in the planning year ending |
9 | | immediately prior to the agreement's execution. For |
10 | | purposes of this subsection (d), the amount paid per |
11 | | kilowatthour means the total amount paid for electric |
12 | | service expressed on a per kilowatthour basis. For |
13 | | purposes of this subsection (d), the total amount paid for |
14 | | electric service includes without limitation amounts paid |
15 | | for supply, transmission, distribution, surcharges and |
16 | | add-on taxes. |
17 | | Notwithstanding the requirements of this subsection |
18 | | (d), the total amount paid under sourcing agreements with |
19 | | clean coal facilities pursuant to the procurement plan for |
20 | | any given year shall be reduced by an amount necessary to |
21 | | limit the annual estimated average net increase due to the |
22 | | costs of these resources included in the amounts paid by |
23 | | eligible retail customers in connection with electric |
24 | | service to: |
25 | | (A) in 2010, no more than 0.5% of the amount paid |
26 | | per kilowatthour by those customers during the year |
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1 | | ending May 31, 2009; |
2 | | (B) in 2011, the greater of an additional 0.5% of |
3 | | the amount paid per kilowatthour by those customers |
4 | | during the year ending May 31, 2010 or 1% of the amount |
5 | | paid per kilowatthour by those customers during the |
6 | | year ending May 31, 2009; |
7 | | (C) in 2012, the greater of an additional 0.5% of |
8 | | the amount paid per kilowatthour by those customers |
9 | | during the year ending May 31, 2011 or 1.5% of the |
10 | | amount paid per kilowatthour by those customers during |
11 | | the year ending May 31, 2009; |
12 | | (D) in 2013, the greater of an additional 0.5% of |
13 | | the amount paid per kilowatthour by those customers |
14 | | during the year ending May 31, 2012 or 2% of the amount |
15 | | paid per kilowatthour by those customers during the |
16 | | year ending May 31, 2009; and |
17 | | (E) thereafter, the total amount paid under |
18 | | sourcing agreements with clean coal facilities |
19 | | pursuant to the procurement plan for any single year |
20 | | shall be reduced by an amount necessary to limit the |
21 | | estimated average net increase due to the cost of |
22 | | these resources included in the amounts paid by |
23 | | eligible retail customers in connection with electric |
24 | | service to no more than the greater of (i) 2.015% of |
25 | | the amount paid per kilowatthour by those customers |
26 | | during the year ending May 31, 2009 or (ii) the |
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1 | | incremental amount per kilowatthour paid for these |
2 | | resources in 2013. These requirements may be altered |
3 | | only as provided by statute. |
4 | | No later than June 30, 2015, the Commission shall |
5 | | review the limitation on the total amount paid under |
6 | | sourcing agreements, if any, with clean coal facilities |
7 | | pursuant to this subsection (d) and report to the General |
8 | | Assembly its findings as to whether that limitation unduly |
9 | | constrains the amount of electricity generated by |
10 | | cost-effective clean coal facilities that is covered by |
11 | | sourcing agreements. |
12 | | (3) Initial clean coal facility. In order to promote |
13 | | development of clean coal facilities in Illinois, each |
14 | | electric utility subject to this Section shall execute a |
15 | | sourcing agreement to source electricity from a proposed |
16 | | clean coal facility in Illinois (the "initial clean coal |
17 | | facility") that will have a nameplate capacity of at least |
18 | | 500 MW when commercial operation commences, that has a |
19 | | final Clean Air Act permit on June 1, 2009 (the effective |
20 | | date of Public Act 95-1027), and that will meet the |
21 | | definition of clean coal facility in Section 1-10 of this |
22 | | Act when commercial operation commences. The sourcing |
23 | | agreements with this initial clean coal facility shall be |
24 | | subject to both approval of the initial clean coal |
25 | | facility by the General Assembly and satisfaction of the |
26 | | requirements of paragraph (4) of this subsection (d) and |
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1 | | shall be executed within 90 days after any such approval |
2 | | by the General Assembly. The Agency and the Commission |
3 | | shall have authority to inspect all books and records |
4 | | associated with the initial clean coal facility during the |
5 | | term of such a sourcing agreement. A utility's sourcing |
6 | | agreement for electricity produced by the initial clean |
7 | | coal facility shall include: |
8 | | (A) a formula contractual price (the "contract |
9 | | price") approved pursuant to paragraph (4) of this |
10 | | subsection (d), which shall: |
11 | | (i) be determined using a cost of service |
12 | | methodology employing either a level or deferred |
13 | | capital recovery component, based on a capital |
14 | | structure consisting of 45% equity and 55% debt, |
15 | | and a return on equity as may be approved by the |
16 | | Federal Energy Regulatory Commission, which in any |
17 | | case may not exceed the lower of 11.5% or the rate |
18 | | of return approved by the General Assembly |
19 | | pursuant to paragraph (4) of this subsection (d); |
20 | | and |
21 | | (ii) provide that all miscellaneous net |
22 | | revenue, including but not limited to net revenue |
23 | | from the sale of emission allowances, if any, |
24 | | substitute natural gas, if any, grants or other |
25 | | support provided by the State of Illinois or the |
26 | | United States Government, firm transmission |
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1 | | rights, if any, by-products produced by the |
2 | | facility, energy or capacity derived from the |
3 | | facility and not covered by a sourcing agreement |
4 | | pursuant to paragraph (3) of this subsection (d) |
5 | | or item (5) of subsection (d) of Section 16-115 of |
6 | | the Public Utilities Act, whether generated from |
7 | | the synthesis gas derived from coal, from SNG, or |
8 | | from natural gas, shall be credited against the |
9 | | revenue requirement for this initial clean coal |
10 | | facility; |
11 | | (B) power purchase provisions, which shall: |
12 | | (i) provide that the utility party to such |
13 | | sourcing agreement shall pay the contract price |
14 | | for electricity delivered under such sourcing |
15 | | agreement; |
16 | | (ii) require delivery of electricity to the |
17 | | regional transmission organization market of the |
18 | | utility that is party to such sourcing agreement; |
19 | | (iii) require the utility party to such |
20 | | sourcing agreement to buy from the initial clean |
21 | | coal facility in each hour an amount of energy |
22 | | equal to all clean coal energy made available from |
23 | | the initial clean coal facility during such hour |
24 | | times a fraction, the numerator of which is such |
25 | | utility's retail market sales of electricity |
26 | | (expressed in kilowatthours sold) in the State |
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1 | | during the prior calendar month and the |
2 | | denominator of which is the total retail market |
3 | | sales of electricity (expressed in kilowatthours |
4 | | sold) in the State by utilities during such prior |
5 | | month and the sales of electricity (expressed in |
6 | | kilowatthours sold) in the State by alternative |
7 | | retail electric suppliers during such prior month |
8 | | that are subject to the requirements of this |
9 | | subsection (d) and paragraph (5) of subsection (d) |
10 | | of Section 16-115 of the Public Utilities Act, |
11 | | provided that the amount purchased by the utility |
12 | | in any year will be limited by paragraph (2) of |
13 | | this subsection (d); and |
14 | | (iv) be considered pre-existing contracts in |
15 | | such utility's procurement plans for eligible |
16 | | retail customers; |
17 | | (C) contract for differences provisions, which |
18 | | shall: |
19 | | (i) require the utility party to such sourcing |
20 | | agreement to contract with the initial clean coal |
21 | | facility in each hour with respect to an amount of |
22 | | energy equal to all clean coal energy made |
23 | | available from the initial clean coal facility |
24 | | during such hour times a fraction, the numerator |
25 | | of which is such utility's retail market sales of |
26 | | electricity (expressed in kilowatthours sold) in |
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1 | | the utility's service territory in the State |
2 | | during the prior calendar month and the |
3 | | denominator of which is the total retail market |
4 | | sales of electricity (expressed in kilowatthours |
5 | | sold) in the State by utilities during such prior |
6 | | month and the sales of electricity (expressed in |
7 | | kilowatthours sold) in the State by alternative |
8 | | retail electric suppliers during such prior month |
9 | | that are subject to the requirements of this |
10 | | subsection (d) and paragraph (5) of subsection (d) |
11 | | of Section 16-115 of the Public Utilities Act, |
12 | | provided that the amount paid by the utility in |
13 | | any year will be limited by paragraph (2) of this |
14 | | subsection (d); |
15 | | (ii) provide that the utility's payment |
16 | | obligation in respect of the quantity of |
17 | | electricity determined pursuant to the preceding |
18 | | clause (i) shall be limited to an amount equal to |
19 | | (1) the difference between the contract price |
20 | | determined pursuant to subparagraph (A) of |
21 | | paragraph (3) of this subsection (d) and the |
22 | | day-ahead price for electricity delivered to the |
23 | | regional transmission organization market of the |
24 | | utility that is party to such sourcing agreement |
25 | | (or any successor delivery point at which such |
26 | | utility's supply obligations are financially |
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1 | | settled on an hourly basis) (the "reference |
2 | | price") on the day preceding the day on which the |
3 | | electricity is delivered to the initial clean coal |
4 | | facility busbar, multiplied by (2) the quantity of |
5 | | electricity determined pursuant to the preceding |
6 | | clause (i); and |
7 | | (iii) not require the utility to take physical |
8 | | delivery of the electricity produced by the |
9 | | facility; |
10 | | (D) general provisions, which shall: |
11 | | (i) specify a term of no more than 30 years, |
12 | | commencing on the commercial operation date of the |
13 | | facility; |
14 | | (ii) provide that utilities shall maintain |
15 | | adequate records documenting purchases under the |
16 | | sourcing agreements entered into to comply with |
17 | | this subsection (d) and shall file an accounting |
18 | | with the load forecast that must be filed with the |
19 | | Agency by July 15 of each year, in accordance with |
20 | | subsection (d) of Section 16-111.5 of the Public |
21 | | Utilities Act; |
22 | | (iii) provide that all costs associated with |
23 | | the initial clean coal facility will be |
24 | | periodically reported to the Federal Energy |
25 | | Regulatory Commission and to purchasers in |
26 | | accordance with applicable laws governing |
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1 | | cost-based wholesale power contracts; |
2 | | (iv) permit the Illinois Power Agency to |
3 | | assume ownership of the initial clean coal |
4 | | facility, without monetary consideration and |
5 | | otherwise on reasonable terms acceptable to the |
6 | | Agency, if the Agency so requests no less than 3 |
7 | | years prior to the end of the stated contract |
8 | | term; |
9 | | (v) require the owner of the initial clean |
10 | | coal facility to provide documentation to the |
11 | | Commission each year, starting in the facility's |
12 | | first year of commercial operation, accurately |
13 | | reporting the quantity of carbon emissions from |
14 | | the facility that have been captured and |
15 | | sequestered and report any quantities of carbon |
16 | | released from the site or sites at which carbon |
17 | | emissions were sequestered in prior years, based |
18 | | on continuous monitoring of such sites. If, in any |
19 | | year after the first year of commercial operation, |
20 | | the owner of the facility fails to demonstrate |
21 | | that the initial clean coal facility captured and |
22 | | sequestered at least 50% of the total carbon |
23 | | emissions that the facility would otherwise emit |
24 | | or that sequestration of emissions from prior |
25 | | years has failed, resulting in the release of |
26 | | carbon dioxide into the atmosphere, the owner of |
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1 | | the facility must offset excess emissions. Any |
2 | | such carbon offsets must be permanent, additional, |
3 | | verifiable, real, located within the State of |
4 | | Illinois, and legally and practicably enforceable. |
5 | | The cost of such offsets for the facility that are |
6 | | not recoverable shall not exceed $15 million in |
7 | | any given year. No costs of any such purchases of |
8 | | carbon offsets may be recovered from a utility or |
9 | | its customers. All carbon offsets purchased for |
10 | | this purpose and any carbon emission credits |
11 | | associated with sequestration of carbon from the |
12 | | facility must be permanently retired. The initial |
13 | | clean coal facility shall not forfeit its |
14 | | designation as a clean coal facility if the |
15 | | facility fails to fully comply with the applicable |
16 | | carbon sequestration requirements in any given |
17 | | year, provided the requisite offsets are |
18 | | purchased. However, the Attorney General, on |
19 | | behalf of the People of the State of Illinois, may |
20 | | specifically enforce the facility's sequestration |
21 | | requirement and the other terms of this contract |
22 | | provision. Compliance with the sequestration |
23 | | requirements and offset purchase requirements |
24 | | specified in paragraph (3) of this subsection (d) |
25 | | shall be reviewed annually by an independent |
26 | | expert retained by the owner of the initial clean |
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1 | | coal facility, with the advance written approval |
2 | | of the Attorney General. The Commission may, in |
3 | | the course of the review specified in item (vii), |
4 | | reduce the allowable return on equity for the |
5 | | facility if the facility willfully fails to comply |
6 | | with the carbon capture and sequestration |
7 | | requirements set forth in this item (v); |
8 | | (vi) include limits on, and accordingly |
9 | | provide for modification of, the amount the |
10 | | utility is required to source under the sourcing |
11 | | agreement consistent with paragraph (2) of this |
12 | | subsection (d); |
13 | | (vii) require Commission review: (1) to |
14 | | determine the justness, reasonableness, and |
15 | | prudence of the inputs to the formula referenced |
16 | | in subparagraphs (A)(i) through (A)(iii) of |
17 | | paragraph (3) of this subsection (d), prior to an |
18 | | adjustment in those inputs including, without |
19 | | limitation, the capital structure and return on |
20 | | equity, fuel costs, and other operations and |
21 | | maintenance costs and (2) to approve the costs to |
22 | | be passed through to customers under the sourcing |
23 | | agreement by which the utility satisfies its |
24 | | statutory obligations. Commission review shall |
25 | | occur no less than every 3 years, regardless of |
26 | | whether any adjustments have been proposed, and |
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1 | | shall be completed within 9 months; |
2 | | (viii) limit the utility's obligation to such |
3 | | amount as the utility is allowed to recover |
4 | | through tariffs filed with the Commission, |
5 | | provided that neither the clean coal facility nor |
6 | | the utility waives any right to assert federal |
7 | | pre-emption or any other argument in response to a |
8 | | purported disallowance of recovery costs; |
9 | | (ix) limit the utility's or alternative retail |
10 | | electric supplier's obligation to incur any |
11 | | liability until such time as the facility is in |
12 | | commercial operation and generating power and |
13 | | energy and such power and energy is being |
14 | | delivered to the facility busbar; |
15 | | (x) provide that the owner or owners of the |
16 | | initial clean coal facility, which is the |
17 | | counterparty to such sourcing agreement, shall |
18 | | have the right from time to time to elect whether |
19 | | the obligations of the utility party thereto shall |
20 | | be governed by the power purchase provisions or |
21 | | the contract for differences provisions; |
22 | | (xi) append documentation showing that the |
23 | | formula rate and contract, insofar as they relate |
24 | | to the power purchase provisions, have been |
25 | | approved by the Federal Energy Regulatory |
26 | | Commission pursuant to Section 205 of the Federal |
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1 | | Power Act; |
2 | | (xii) provide that any changes to the terms of |
3 | | the contract, insofar as such changes relate to |
4 | | the power purchase provisions, are subject to |
5 | | review under the public interest standard applied |
6 | | by the Federal Energy Regulatory Commission |
7 | | pursuant to Sections 205 and 206 of the Federal |
8 | | Power Act; and |
9 | | (xiii) conform with customary lender |
10 | | requirements in power purchase agreements used as |
11 | | the basis for financing non-utility generators. |
12 | | (4) Effective date of sourcing agreements with the |
13 | | initial clean coal facility. Any proposed sourcing |
14 | | agreement with the initial clean coal facility shall not |
15 | | become effective unless the following reports are prepared |
16 | | and submitted and authorizations and approvals obtained: |
17 | | (i) Facility cost report. The owner of the initial |
18 | | clean coal facility shall submit to the Commission, |
19 | | the Agency, and the General Assembly a front-end |
20 | | engineering and design study, a facility cost report, |
21 | | method of financing (including but not limited to |
22 | | structure and associated costs), and an operating and |
23 | | maintenance cost quote for the facility (collectively |
24 | | "facility cost report"), which shall be prepared in |
25 | | accordance with the requirements of this paragraph (4) |
26 | | of subsection (d) of this Section, and shall provide |
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1 | | the Commission and the Agency access to the work |
2 | | papers, relied upon documents, and any other backup |
3 | | documentation related to the facility cost report. |
4 | | (ii) Commission report. Within 6 months following |
5 | | receipt of the facility cost report, the Commission, |
6 | | in consultation with the Agency, shall submit a report |
7 | | to the General Assembly setting forth its analysis of |
8 | | the facility cost report. Such report shall include, |
9 | | but not be limited to, a comparison of the costs |
10 | | associated with electricity generated by the initial |
11 | | clean coal facility to the costs associated with |
12 | | electricity generated by other types of generation |
13 | | facilities, an analysis of the rate impacts on |
14 | | residential and small business customers over the life |
15 | | of the sourcing agreements, and an analysis of the |
16 | | likelihood that the initial clean coal facility will |
17 | | commence commercial operation by and be delivering |
18 | | power to the facility's busbar by 2016. To assist in |
19 | | the preparation of its report, the Commission, in |
20 | | consultation with the Agency, may hire one or more |
21 | | experts or consultants, the costs of which shall be |
22 | | paid for by the owner of the initial clean coal |
23 | | facility. The Commission and Agency may begin the |
24 | | process of selecting such experts or consultants prior |
25 | | to receipt of the facility cost report. |
26 | | (iii) General Assembly approval. The proposed |
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| | SB2408 Enrolled | - 457 - | LRB102 11366 BMS 16699 b |
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1 | | sourcing agreements shall not take effect unless, |
2 | | based on the facility cost report and the Commission's |
3 | | report, the General Assembly enacts authorizing |
4 | | legislation approving (A) the projected price, stated |
5 | | in cents per kilowatthour, to be charged for |
6 | | electricity generated by the initial clean coal |
7 | | facility, (B) the projected impact on residential and |
8 | | small business customers' bills over the life of the |
9 | | sourcing agreements, and (C) the maximum allowable |
10 | | return on equity for the project; and |
11 | | (iv) Commission review. If the General Assembly |
12 | | enacts authorizing legislation pursuant to |
13 | | subparagraph (iii) approving a sourcing agreement, the |
14 | | Commission shall, within 90 days of such enactment, |
15 | | complete a review of such sourcing agreement. During |
16 | | such time period, the Commission shall implement any |
17 | | directive of the General Assembly, resolve any |
18 | | disputes between the parties to the sourcing agreement |
19 | | concerning the terms of such agreement, approve the |
20 | | form of such agreement, and issue an order finding |
21 | | that the sourcing agreement is prudent and reasonable. |
22 | | The facility cost report shall be prepared as follows: |
23 | | (A) The facility cost report shall be prepared by |
24 | | duly licensed engineering and construction firms |
25 | | detailing the estimated capital costs payable to one |
26 | | or more contractors or suppliers for the engineering, |
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1 | | procurement and construction of the components |
2 | | comprising the initial clean coal facility and the |
3 | | estimated costs of operation and maintenance of the |
4 | | facility. The facility cost report shall include: |
5 | | (i) an estimate of the capital cost of the |
6 | | core plant based on one or more front end |
7 | | engineering and design studies for the |
8 | | gasification island and related facilities. The |
9 | | core plant shall include all civil, structural, |
10 | | mechanical, electrical, control, and safety |
11 | | systems. |
12 | | (ii) an estimate of the capital cost of the |
13 | | balance of the plant, including any capital costs |
14 | | associated with sequestration of carbon dioxide |
15 | | emissions and all interconnects and interfaces |
16 | | required to operate the facility, such as |
17 | | transmission of electricity, construction or |
18 | | backfeed power supply, pipelines to transport |
19 | | substitute natural gas or carbon dioxide, potable |
20 | | water supply, natural gas supply, water supply, |
21 | | water discharge, landfill, access roads, and coal |
22 | | delivery. |
23 | | The quoted construction costs shall be expressed |
24 | | in nominal dollars as of the date that the quote is |
25 | | prepared and shall include capitalized financing costs |
26 | | during construction,
taxes, insurance, and other |
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1 | | owner's costs, and an assumed escalation in materials |
2 | | and labor beyond the date as of which the construction |
3 | | cost quote is expressed. |
4 | | (B) The front end engineering and design study for |
5 | | the gasification island and the cost study for the |
6 | | balance of plant shall include sufficient design work |
7 | | to permit quantification of major categories of |
8 | | materials, commodities and labor hours, and receipt of |
9 | | quotes from vendors of major equipment required to |
10 | | construct and operate the clean coal facility. |
11 | | (C) The facility cost report shall also include an |
12 | | operating and maintenance cost quote that will provide |
13 | | the estimated cost of delivered fuel, personnel, |
14 | | maintenance contracts, chemicals, catalysts, |
15 | | consumables, spares, and other fixed and variable |
16 | | operations and maintenance costs. The delivered fuel |
17 | | cost estimate will be provided by a recognized third |
18 | | party expert or experts in the fuel and transportation |
19 | | industries. The balance of the operating and |
20 | | maintenance cost quote, excluding delivered fuel |
21 | | costs, will be developed based on the inputs provided |
22 | | by duly licensed engineering and construction firms |
23 | | performing the construction cost quote, potential |
24 | | vendors under long-term service agreements and plant |
25 | | operating agreements, or recognized third party plant |
26 | | operator or operators. |
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1 | | The operating and maintenance cost quote |
2 | | (including the cost of the front end engineering and |
3 | | design study) shall be expressed in nominal dollars as |
4 | | of the date that the quote is prepared and shall |
5 | | include taxes, insurance, and other owner's costs, and |
6 | | an assumed escalation in materials and labor beyond |
7 | | the date as of which the operating and maintenance |
8 | | cost quote is expressed. |
9 | | (D) The facility cost report shall also include an |
10 | | analysis of the initial clean coal facility's ability |
11 | | to deliver power and energy into the applicable |
12 | | regional transmission organization markets and an |
13 | | analysis of the expected capacity factor for the |
14 | | initial clean coal facility. |
15 | | (E) Amounts paid to third parties unrelated to the |
16 | | owner or owners of the initial clean coal facility to |
17 | | prepare the core plant construction cost quote, |
18 | | including the front end engineering and design study, |
19 | | and the operating and maintenance cost quote will be |
20 | | reimbursed through Coal Development Bonds. |
21 | | (5) Re-powering and retrofitting coal-fired power |
22 | | plants previously owned by Illinois utilities to qualify |
23 | | as clean coal facilities. During the 2009 procurement |
24 | | planning process and thereafter, the Agency and the |
25 | | Commission shall consider sourcing agreements covering |
26 | | electricity generated by power plants that were previously |
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1 | | owned by Illinois utilities and that have been or will be |
2 | | converted into clean coal facilities, as defined by |
3 | | Section 1-10 of this Act. Pursuant to such procurement |
4 | | planning process, the owners of such facilities may |
5 | | propose to the Agency sourcing agreements with utilities |
6 | | and alternative retail electric suppliers required to |
7 | | comply with subsection (d) of this Section and item (5) of |
8 | | subsection (d) of Section 16-115 of the Public Utilities |
9 | | Act, covering electricity generated by such facilities. In |
10 | | the case of sourcing agreements that are power purchase |
11 | | agreements, the contract price for electricity sales shall |
12 | | be established on a cost of service basis. In the case of |
13 | | sourcing agreements that are contracts for differences, |
14 | | the contract price from which the reference price is |
15 | | subtracted shall be established on a cost of service |
16 | | basis. The Agency and the Commission may approve any such |
17 | | utility sourcing agreements that do not exceed cost-based |
18 | | benchmarks developed by the procurement administrator, in |
19 | | consultation with the Commission staff, Agency staff and |
20 | | the procurement monitor, subject to Commission review and |
21 | | approval. The Commission shall have authority to inspect |
22 | | all books and records associated with these clean coal |
23 | | facilities during the term of any such contract. |
24 | | (6) Costs incurred under this subsection (d) or |
25 | | pursuant to a contract entered into under this subsection |
26 | | (d) shall be deemed prudently incurred and reasonable in |
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1 | | amount and the electric utility shall be entitled to full |
2 | | cost recovery pursuant to the tariffs filed with the |
3 | | Commission. |
4 | | (d-5) Zero emission standard. |
5 | | (1) Beginning with the delivery year commencing on |
6 | | June 1, 2017, the Agency shall, for electric utilities |
7 | | that serve at least 100,000 retail customers in this |
8 | | State, procure contracts with zero emission facilities |
9 | | that are reasonably capable of generating cost-effective |
10 | | zero emission credits in an amount approximately equal to |
11 | | 16% of the actual amount of electricity delivered by each |
12 | | electric utility to retail customers in the State during |
13 | | calendar year 2014. For an electric utility serving fewer |
14 | | than 100,000 retail customers in this State that |
15 | | requested, under Section 16-111.5 of the Public Utilities |
16 | | Act, that the Agency procure power and energy for all or a |
17 | | portion of the utility's Illinois load for the delivery |
18 | | year commencing June 1, 2016, the Agency shall procure |
19 | | contracts with zero emission facilities that are |
20 | | reasonably capable of generating cost-effective zero |
21 | | emission credits in an amount approximately equal to 16% |
22 | | of the portion of power and energy to be procured by the |
23 | | Agency for the utility. The duration of the contracts |
24 | | procured under this subsection (d-5) shall be for a term |
25 | | of 10 years ending May 31, 2027. The quantity of zero |
26 | | emission credits to be procured under the contracts shall |
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1 | | be all of the zero emission credits generated by the zero |
2 | | emission facility in each delivery year; however, if the |
3 | | zero emission facility is owned by more than one entity, |
4 | | then the quantity of zero emission credits to be procured |
5 | | under the contracts shall be the amount of zero emission |
6 | | credits that are generated from the portion of the zero |
7 | | emission facility that is owned by the winning supplier. |
8 | | The 16% value identified in this paragraph (1) is the |
9 | | average of the percentage targets in subparagraph (B) of |
10 | | paragraph (1) of subsection (c) of this Section for the 5 |
11 | | delivery years beginning June 1, 2017. |
12 | | The procurement process shall be subject to the |
13 | | following provisions: |
14 | | (A) Those zero emission facilities that intend to |
15 | | participate in the procurement shall submit to the |
16 | | Agency the following eligibility information for each |
17 | | zero emission facility on or before the date |
18 | | established by the Agency: |
19 | | (i) the in-service date and remaining useful |
20 | | life of the zero emission facility; |
21 | | (ii) the amount of power generated annually |
22 | | for each of the years 2005 through 2015, and the |
23 | | projected zero emission credits to be generated |
24 | | over the remaining useful life of the zero |
25 | | emission facility, which shall be used to |
26 | | determine the capability of each facility; |
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1 | | (iii) the annual zero emission facility cost |
2 | | projections, expressed on a per megawatthour |
3 | | basis, over the next 6 delivery years, which shall |
4 | | include the following: operation and maintenance |
5 | | expenses; fully allocated overhead costs, which |
6 | | shall be allocated using the methodology developed |
7 | | by the Institute for Nuclear Power Operations; |
8 | | fuel expenditures; non-fuel capital expenditures; |
9 | | spent fuel expenditures; a return on working |
10 | | capital; the cost of operational and market risks |
11 | | that could be avoided by ceasing operation; and |
12 | | any other costs necessary for continued |
13 | | operations, provided that "necessary" means, for |
14 | | purposes of this item (iii), that the costs could |
15 | | reasonably be avoided only by ceasing operations |
16 | | of the zero emission facility; and |
17 | | (iv) a commitment to continue operating, for |
18 | | the duration of the contract or contracts executed |
19 | | under the procurement held under this subsection |
20 | | (d-5), the zero emission facility that produces |
21 | | the zero emission credits to be procured in the |
22 | | procurement. |
23 | | The information described in item (iii) of this |
24 | | subparagraph (A) may be submitted on a confidential |
25 | | basis and shall be treated and maintained by the |
26 | | Agency, the procurement administrator, and the |
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1 | | Commission as confidential and proprietary and exempt |
2 | | from disclosure under subparagraphs (a) and (g) of |
3 | | paragraph (1) of Section 7 of the Freedom of |
4 | | Information Act. The Office of Attorney General shall |
5 | | have access to, and maintain the confidentiality of, |
6 | | such information pursuant to Section 6.5 of the |
7 | | Attorney General Act. |
8 | | (B) The price for each zero emission credit |
9 | | procured under this subsection (d-5) for each delivery |
10 | | year shall be in an amount that equals the Social Cost |
11 | | of Carbon, expressed on a price per megawatthour |
12 | | basis. However, to ensure that the procurement remains |
13 | | affordable to retail customers in this State if |
14 | | electricity prices increase, the price in an |
15 | | applicable delivery year shall be reduced below the |
16 | | Social Cost of Carbon by the amount ("Price |
17 | | Adjustment") by which the market price index for the |
18 | | applicable delivery year exceeds the baseline market |
19 | | price index for the consecutive 12-month period ending |
20 | | May 31, 2016. If the Price Adjustment is greater than |
21 | | or equal to the Social Cost of Carbon in an applicable |
22 | | delivery year, then no payments shall be due in that |
23 | | delivery year. The components of this calculation are |
24 | | defined as follows: |
25 | | (i) Social Cost of Carbon: The Social Cost of |
26 | | Carbon is $16.50 per megawatthour, which is based |
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1 | | on the U.S. Interagency Working Group on Social |
2 | | Cost of Carbon's price in the August 2016 |
3 | | Technical Update using a 3% discount rate, |
4 | | adjusted for inflation for each year of the |
5 | | program. Beginning with the delivery year |
6 | | commencing June 1, 2023, the price per |
7 | | megawatthour shall increase by $1 per |
8 | | megawatthour, and continue to increase by an |
9 | | additional $1 per megawatthour each delivery year |
10 | | thereafter. |
11 | | (ii) Baseline market price index: The baseline |
12 | | market price index for the consecutive 12-month |
13 | | period ending May 31, 2016 is $31.40 per |
14 | | megawatthour, which is based on the sum of (aa) |
15 | | the average day-ahead energy price across all |
16 | | hours of such 12-month period at the PJM |
17 | | Interconnection LLC Northern Illinois Hub, (bb) |
18 | | 50% multiplied by the Base Residual Auction, or |
19 | | its successor, capacity price for the rest of the |
20 | | RTO zone group determined by PJM Interconnection |
21 | | LLC, divided by 24 hours per day, and (cc) 50% |
22 | | multiplied by the Planning Resource Auction, or |
23 | | its successor, capacity price for Zone 4 |
24 | | determined by the Midcontinent Independent System |
25 | | Operator, Inc., divided by 24 hours per day. |
26 | | (iii) Market price index: The market price |
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1 | | index for a delivery year shall be the sum of |
2 | | projected energy prices and projected capacity |
3 | | prices determined as follows: |
4 | | (aa) Projected energy prices: the |
5 | | projected energy prices for the applicable |
6 | | delivery year shall be calculated once for the |
7 | | year using the forward market price for the |
8 | | PJM Interconnection, LLC Northern Illinois |
9 | | Hub. The forward market price shall be |
10 | | calculated as follows: the energy forward |
11 | | prices for each month of the applicable |
12 | | delivery year averaged for each trade date |
13 | | during the calendar year immediately preceding |
14 | | that delivery year to produce a single energy |
15 | | forward price for the delivery year. The |
16 | | forward market price calculation shall use |
17 | | data published by the Intercontinental |
18 | | Exchange, or its successor. |
19 | | (bb) Projected capacity prices: |
20 | | (I) For the delivery years commencing |
21 | | June 1, 2017, June 1, 2018, and June 1, |
22 | | 2019, the projected capacity price shall |
23 | | be equal to the sum of (1) 50% multiplied |
24 | | by the Base Residual Auction, or its |
25 | | successor, price for the rest of the RTO |
26 | | zone group as determined by PJM |
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1 | | Interconnection LLC, divided by 24 hours |
2 | | per day and, (2) 50% multiplied by the |
3 | | resource auction price determined in the |
4 | | resource auction administered by the |
5 | | Midcontinent Independent System Operator, |
6 | | Inc., in which the largest percentage of |
7 | | load cleared for Local Resource Zone 4, |
8 | | divided by 24 hours per day, and where |
9 | | such price is determined by the |
10 | | Midcontinent Independent System Operator, |
11 | | Inc. |
12 | | (II) For the delivery year commencing |
13 | | June 1, 2020, and each year thereafter, |
14 | | the projected capacity price shall be |
15 | | equal to the sum of (1) 50% multiplied by |
16 | | the Base Residual Auction, or its |
17 | | successor, price for the ComEd zone as |
18 | | determined by PJM Interconnection LLC, |
19 | | divided by 24 hours per day, and (2) 50% |
20 | | multiplied by the resource auction price |
21 | | determined in the resource auction |
22 | | administered by the Midcontinent |
23 | | Independent System Operator, Inc., in |
24 | | which the largest percentage of load |
25 | | cleared for Local Resource Zone 4, divided |
26 | | by 24 hours per day, and where such price |
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1 | | is determined by the Midcontinent |
2 | | Independent System Operator, Inc. |
3 | | For purposes of this subsection (d-5): |
4 | | "Rest of the RTO" and "ComEd Zone" shall have |
5 | | the meaning ascribed to them by PJM |
6 | | Interconnection, LLC. |
7 | | "RTO" means regional transmission |
8 | | organization. |
9 | | (C) No later than 45 days after June 1, 2017 (the |
10 | | effective date of Public Act 99-906), the Agency shall |
11 | | publish its proposed zero emission standard |
12 | | procurement plan. The plan shall be consistent with |
13 | | the provisions of this paragraph (1) and shall provide |
14 | | that winning bids shall be selected based on public |
15 | | interest criteria that include, but are not limited |
16 | | to, minimizing carbon dioxide emissions that result |
17 | | from electricity consumed in Illinois and minimizing |
18 | | sulfur dioxide, nitrogen oxide, and particulate matter |
19 | | emissions that adversely affect the citizens of this |
20 | | State. In particular, the selection of winning bids |
21 | | shall take into account the incremental environmental |
22 | | benefits resulting from the procurement, such as any |
23 | | existing environmental benefits that are preserved by |
24 | | the procurements held under Public Act 99-906 and |
25 | | would cease to exist if the procurements were not |
26 | | held, including the preservation of zero emission |
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1 | | facilities. The plan shall also describe in detail how |
2 | | each public interest factor shall be considered and |
3 | | weighted in the bid selection process to ensure that |
4 | | the public interest criteria are applied to the |
5 | | procurement and given full effect. |
6 | | For purposes of developing the plan, the Agency |
7 | | shall consider any reports issued by a State agency, |
8 | | board, or commission under House Resolution 1146 of |
9 | | the 98th General Assembly and paragraph (4) of |
10 | | subsection (d) of this Section, as well as publicly |
11 | | available analyses and studies performed by or for |
12 | | regional transmission organizations that serve the |
13 | | State and their independent market monitors. |
14 | | Upon publishing of the zero emission standard |
15 | | procurement plan, copies of the plan shall be posted |
16 | | and made publicly available on the Agency's website. |
17 | | All interested parties shall have 10 days following |
18 | | the date of posting to provide comment to the Agency on |
19 | | the plan. All comments shall be posted to the Agency's |
20 | | website. Following the end of the comment period, but |
21 | | no more than 60 days later than June 1, 2017 (the |
22 | | effective date of Public Act 99-906), the Agency shall |
23 | | revise the plan as necessary based on the comments |
24 | | received and file its zero emission standard |
25 | | procurement plan with the Commission. |
26 | | If the Commission determines that the plan will |
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1 | | result in the procurement of cost-effective zero |
2 | | emission credits, then the Commission shall, after |
3 | | notice and hearing, but no later than 45 days after the |
4 | | Agency filed the plan, approve the plan or approve |
5 | | with modification. For purposes of this subsection |
6 | | (d-5), "cost effective" means the projected costs of |
7 | | procuring zero emission credits from zero emission |
8 | | facilities do not cause the limit stated in paragraph |
9 | | (2) of this subsection to be exceeded. |
10 | | (C-5) As part of the Commission's review and |
11 | | acceptance or rejection of the procurement results, |
12 | | the Commission shall, in its public notice of |
13 | | successful bidders: |
14 | | (i) identify how the winning bids satisfy the |
15 | | public interest criteria described in subparagraph |
16 | | (C) of this paragraph (1) of minimizing carbon |
17 | | dioxide emissions that result from electricity |
18 | | consumed in Illinois and minimizing sulfur |
19 | | dioxide, nitrogen oxide, and particulate matter |
20 | | emissions that adversely affect the citizens of |
21 | | this State; |
22 | | (ii) specifically address how the selection of |
23 | | winning bids takes into account the incremental |
24 | | environmental benefits resulting from the |
25 | | procurement, including any existing environmental |
26 | | benefits that are preserved by the procurements |
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1 | | held under Public Act 99-906 and would have ceased |
2 | | to exist if the procurements had not been held, |
3 | | such as the preservation of zero emission |
4 | | facilities; |
5 | | (iii) quantify the environmental benefit of |
6 | | preserving the resources identified in item (ii) |
7 | | of this subparagraph (C-5), including the |
8 | | following: |
9 | | (aa) the value of avoided greenhouse gas |
10 | | emissions measured as the product of the zero |
11 | | emission facilities' output over the contract |
12 | | term multiplied by the U.S. Environmental |
13 | | Protection Agency eGrid subregion carbon |
14 | | dioxide emission rate and the U.S. Interagency |
15 | | Working Group on Social Cost of Carbon's price |
16 | | in the August 2016 Technical Update using a 3% |
17 | | discount rate, adjusted for inflation for each |
18 | | delivery year; and |
19 | | (bb) the costs of replacement with other |
20 | | zero carbon dioxide resources, including wind |
21 | | and photovoltaic, based upon the simple |
22 | | average of the following: |
23 | | (I) the price, or if there is more |
24 | | than one price, the average of the prices, |
25 | | paid for renewable energy credits from new |
26 | | utility-scale wind projects in the |
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1 | | procurement events specified in item (i) |
2 | | of subparagraph (G) of paragraph (1) of |
3 | | subsection (c) of this Section; and |
4 | | (II) the price, or if there is more |
5 | | than one price, the average of the prices, |
6 | | paid for renewable energy credits from new |
7 | | utility-scale solar projects and |
8 | | brownfield site photovoltaic projects in |
9 | | the procurement events specified in item |
10 | | (ii) of subparagraph (G) of paragraph (1) |
11 | | of subsection (c) of this Section and, |
12 | | after January 1, 2015, renewable energy |
13 | | credits from photovoltaic distributed |
14 | | generation projects in procurement events |
15 | | held under subsection (c) of this Section. |
16 | | Each utility shall enter into binding contractual |
17 | | arrangements with the winning suppliers. |
18 | | The procurement described in this subsection |
19 | | (d-5), including, but not limited to, the execution of |
20 | | all contracts procured, shall be completed no later |
21 | | than May 10, 2017. Based on the effective date of |
22 | | Public Act 99-906, the Agency and Commission may, as |
23 | | appropriate, modify the various dates and timelines |
24 | | under this subparagraph and subparagraphs (C) and (D) |
25 | | of this paragraph (1). The procurement and plan |
26 | | approval processes required by this subsection (d-5) |
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1 | | shall be conducted in conjunction with the procurement |
2 | | and plan approval processes required by subsection (c) |
3 | | of this Section and Section 16-111.5 of the Public |
4 | | Utilities Act, to the extent practicable. |
5 | | Notwithstanding whether a procurement event is |
6 | | conducted under Section 16-111.5 of the Public |
7 | | Utilities Act, the Agency shall immediately initiate a |
8 | | procurement process on June 1, 2017 (the effective |
9 | | date of Public Act 99-906). |
10 | | (D) Following the procurement event described in |
11 | | this paragraph (1) and consistent with subparagraph |
12 | | (B) of this paragraph (1), the Agency shall calculate |
13 | | the payments to be made under each contract for the |
14 | | next delivery year based on the market price index for |
15 | | that delivery year. The Agency shall publish the |
16 | | payment calculations no later than May 25, 2017 and |
17 | | every May 25 thereafter. |
18 | | (E) Notwithstanding the requirements of this |
19 | | subsection (d-5), the contracts executed under this |
20 | | subsection (d-5) shall provide that the zero emission |
21 | | facility may, as applicable, suspend or terminate |
22 | | performance under the contracts in the following |
23 | | instances: |
24 | | (i) A zero emission facility shall be excused |
25 | | from its performance under the contract for any |
26 | | cause beyond the control of the resource, |
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1 | | including, but not restricted to, acts of God, |
2 | | flood, drought, earthquake, storm, fire, |
3 | | lightning, epidemic, war, riot, civil disturbance |
4 | | or disobedience, labor dispute, labor or material |
5 | | shortage, sabotage, acts of public enemy, |
6 | | explosions, orders, regulations or restrictions |
7 | | imposed by governmental, military, or lawfully |
8 | | established civilian authorities, which, in any of |
9 | | the foregoing cases, by exercise of commercially |
10 | | reasonable efforts the zero emission facility |
11 | | could not reasonably have been expected to avoid, |
12 | | and which, by the exercise of commercially |
13 | | reasonable efforts, it has been unable to |
14 | | overcome. In such event, the zero emission |
15 | | facility shall be excused from performance for the |
16 | | duration of the event, including, but not limited |
17 | | to, delivery of zero emission credits, and no |
18 | | payment shall be due to the zero emission facility |
19 | | during the duration of the event. |
20 | | (ii) A zero emission facility shall be |
21 | | permitted to terminate the contract if legislation |
22 | | is enacted into law by the General Assembly that |
23 | | imposes or authorizes a new tax, special |
24 | | assessment, or fee on the generation of |
25 | | electricity, the ownership or leasehold of a |
26 | | generating unit, or the privilege or occupation of |
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1 | | such generation, ownership, or leasehold of |
2 | | generation units by a zero emission facility. |
3 | | However, the provisions of this item (ii) do not |
4 | | apply to any generally applicable tax, special |
5 | | assessment or fee, or requirements imposed by |
6 | | federal law. |
7 | | (iii) A zero emission facility shall be |
8 | | permitted to terminate the contract in the event |
9 | | that the resource requires capital expenditures in |
10 | | excess of $40,000,000 that were neither known nor |
11 | | reasonably foreseeable at the time it executed the |
12 | | contract and that a prudent owner or operator of |
13 | | such resource would not undertake. |
14 | | (iv) A zero emission facility shall be |
15 | | permitted to terminate the contract in the event |
16 | | the Nuclear Regulatory Commission terminates the |
17 | | resource's license. |
18 | | (F) If the zero emission facility elects to |
19 | | terminate a contract under subparagraph (E) of this |
20 | | paragraph (1), then the Commission shall reopen the |
21 | | docket in which the Commission approved the zero |
22 | | emission standard procurement plan under subparagraph |
23 | | (C) of this paragraph (1) and, after notice and |
24 | | hearing, enter an order acknowledging the contract |
25 | | termination election if such termination is consistent |
26 | | with the provisions of this subsection (d-5). |
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1 | | (2) For purposes of this subsection (d-5), the amount |
2 | | paid per kilowatthour means the total amount paid for |
3 | | electric service expressed on a per kilowatthour basis. |
4 | | For purposes of this subsection (d-5), the total amount |
5 | | paid for electric service includes, without limitation, |
6 | | amounts paid for supply, transmission, distribution, |
7 | | surcharges, and add-on taxes. |
8 | | Notwithstanding the requirements of this subsection |
9 | | (d-5), the contracts executed under this subsection (d-5) |
10 | | shall provide that the total of zero emission credits |
11 | | procured under a procurement plan shall be subject to the |
12 | | limitations of this paragraph (2). For each delivery year, |
13 | | the contractual volume receiving payments in such year |
14 | | shall be reduced for all retail customers based on the |
15 | | amount necessary to limit the net increase that delivery |
16 | | year to the costs of those credits included in the amounts |
17 | | paid by eligible retail customers in connection with |
18 | | electric service to no more than 1.65% of the amount paid |
19 | | per kilowatthour by eligible retail customers during the |
20 | | year ending May 31, 2009. The result of this computation |
21 | | shall apply to and reduce the procurement for all retail |
22 | | customers, and all those customers shall pay the same |
23 | | single, uniform cents per kilowatthour charge under |
24 | | subsection (k) of Section 16-108 of the Public Utilities |
25 | | Act. To arrive at a maximum dollar amount of zero emission |
26 | | credits to be paid for the particular delivery year, the |
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1 | | resulting per kilowatthour amount shall be applied to the |
2 | | actual amount of kilowatthours of electricity delivered by |
3 | | the electric utility in the delivery year immediately |
4 | | prior to the procurement, to all retail customers in its |
5 | | service territory. Unpaid contractual volume for any |
6 | | delivery year shall be paid in any subsequent delivery |
7 | | year in which such payments can be made without exceeding |
8 | | the amount specified in this paragraph (2). The |
9 | | calculations required by this paragraph (2) shall be made |
10 | | only once for each procurement plan year. Once the |
11 | | determination as to the amount of zero emission credits to |
12 | | be paid is made based on the calculations set forth in this |
13 | | paragraph (2), no subsequent rate impact determinations |
14 | | shall be made and no adjustments to those contract amounts |
15 | | shall be allowed. All costs incurred under those contracts |
16 | | and in implementing this subsection (d-5) shall be |
17 | | recovered by the electric utility as provided in this |
18 | | Section. |
19 | | No later than June 30, 2019, the Commission shall |
20 | | review the limitation on the amount of zero emission |
21 | | credits procured under this subsection (d-5) and report to |
22 | | the General Assembly its findings as to whether that |
23 | | limitation unduly constrains the procurement of |
24 | | cost-effective zero emission credits. |
25 | | (3) Six years after the execution of a contract under |
26 | | this subsection (d-5), the Agency shall determine whether |
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1 | | the actual zero emission credit payments received by the |
2 | | supplier over the 6-year period exceed the Average ZEC |
3 | | Payment. In addition, at the end of the term of a contract |
4 | | executed under this subsection (d-5), or at the time, if |
5 | | any, a zero emission facility's contract is terminated |
6 | | under subparagraph (E) of paragraph (1) of this subsection |
7 | | (d-5), then the Agency shall determine whether the actual |
8 | | zero emission credit payments received by the supplier |
9 | | over the term of the contract exceed the Average ZEC |
10 | | Payment, after taking into account any amounts previously |
11 | | credited back to the utility under this paragraph (3). If |
12 | | the Agency determines that the actual zero emission credit |
13 | | payments received by the supplier over the relevant period |
14 | | exceed the Average ZEC Payment, then the supplier shall |
15 | | credit the difference back to the utility. The amount of |
16 | | the credit shall be remitted to the applicable electric |
17 | | utility no later than 120 days after the Agency's |
18 | | determination, which the utility shall reflect as a credit |
19 | | on its retail customer bills as soon as practicable; |
20 | | however, the credit remitted to the utility shall not |
21 | | exceed the total amount of payments received by the |
22 | | facility under its contract. |
23 | | For purposes of this Section, the Average ZEC Payment |
24 | | shall be calculated by multiplying the quantity of zero |
25 | | emission credits delivered under the contract times the |
26 | | average contract price. The average contract price shall |
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1 | | be determined by subtracting the amount calculated under |
2 | | subparagraph (B) of this paragraph (3) from the amount |
3 | | calculated under subparagraph (A) of this paragraph (3), |
4 | | as follows: |
5 | | (A) The average of the Social Cost of Carbon, as |
6 | | defined in subparagraph (B) of paragraph (1) of this |
7 | | subsection (d-5), during the term of the contract. |
8 | | (B) The average of the market price indices, as |
9 | | defined in subparagraph (B) of paragraph (1) of this |
10 | | subsection (d-5), during the term of the contract, |
11 | | minus the baseline market price index, as defined in |
12 | | subparagraph (B) of paragraph (1) of this subsection |
13 | | (d-5). |
14 | | If the subtraction yields a negative number, then the |
15 | | Average ZEC Payment shall be zero. |
16 | | (4) Cost-effective zero emission credits procured from |
17 | | zero emission facilities shall satisfy the applicable |
18 | | definitions set forth in Section 1-10 of this Act. |
19 | | (5) The electric utility shall retire all zero |
20 | | emission credits used to comply with the requirements of |
21 | | this subsection (d-5). |
22 | | (6) Electric utilities shall be entitled to recover |
23 | | all of the costs associated with the procurement of zero |
24 | | emission credits through an automatic adjustment clause |
25 | | tariff in accordance with subsection (k) and (m) of |
26 | | Section 16-108 of the Public Utilities Act, and the |
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1 | | contracts executed under this subsection (d-5) shall |
2 | | provide that the utilities' payment obligations under such |
3 | | contracts shall be reduced if an adjustment is required |
4 | | under subsection (m) of Section 16-108 of the Public |
5 | | Utilities Act. |
6 | | (7) This subsection (d-5) shall become inoperative on |
7 | | January 1, 2028. |
8 | | (d-10) Nuclear Plant Assistance; carbon mitigation |
9 | | credits. |
10 | | (1) The General Assembly finds: |
11 | | (A) The health, welfare, and prosperity of all |
12 | | Illinois citizens require that the State of Illinois act |
13 | | to avoid and not increase carbon emissions from electric |
14 | | generation sources while continuing to ensure affordable, |
15 | | stable, and reliable electricity to all citizens. |
16 | | (B) Absent immediate action by the State to preserve |
17 | | existing carbon-free energy resources, those resources may |
18 | | retire, and the electric generation needs of Illinois' |
19 | | retail customers may be met instead by facilities that |
20 | | emit significant amounts of carbon pollution and other |
21 | | harmful air pollutants at a high social and economic cost |
22 | | until Illinois is able to develop other forms of clean |
23 | | energy. |
24 | | (C) The General Assembly finds that nuclear power |
25 | | generation is necessary for the State's transition to 100% |
26 | | clean energy, and ensuring continued operation of nuclear |
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1 | | plants advances environmental and public health interests |
2 | | through providing carbon-free electricity while reducing |
3 | | the air pollution profile of the Illinois energy |
4 | | generation fleet. |
5 | | (D) The clean energy attributes of nuclear generation |
6 | | facilities support the State in its efforts to achieve |
7 | | 100% clean energy. |
8 | | (E) The State currently invests in various forms of |
9 | | clean energy, including, but not limited to, renewable |
10 | | energy, energy efficiency, and low-emission vehicles, |
11 | | among others. |
12 | | (F) The Environmental Protection Agency commissioned |
13 | | an independent audit which provided a detailed assessment |
14 | | of the financial condition of the Illinois nuclear fleet |
15 | | to evaluate its financial viability and whether the |
16 | | environmental benefits of such resources were at risk. The |
17 | | report identified the risk of losing the environmental |
18 | | benefits of several specific nuclear units. The report |
19 | | also identified that the LaSalle County Generating Station |
20 | | will continue to operate through 2026 and therefore is not |
21 | | eligible to participate in the carbon mitigation credit |
22 | | program. |
23 | | (G) Nuclear plants provide carbon-free energy, which |
24 | | helps to avoid many health-related negative impacts for |
25 | | Illinois residents. |
26 | | (H) The procurement of carbon mitigation credits |
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1 | | representing the environmental benefits of carbon-free |
2 | | generation will further the State's efforts at achieving |
3 | | 100% clean energy and decarbonizing the electricity sector |
4 | | in a safe, reliable, and affordable manner. Further, the |
5 | | procurement of carbon emission credits will enhance the |
6 | | health and welfare of Illinois residents through decreased |
7 | | reliance on more highly polluting generation. |
8 | | (I) The General Assembly therefore finds it necessary |
9 | | to establish carbon mitigation credits to ensure decreased |
10 | | reliance on more carbon-intensive energy resources, for |
11 | | transitioning to a fully decarbonized electricity sector, |
12 | | and to help ensure health and welfare of the State's |
13 | | residents. |
14 | | (2) As used in this subsection: |
15 | | "Baseline costs" means costs used to establish a customer |
16 | | protection cap that have been evaluated through an independent |
17 | | audit of a carbon-free energy resource conducted by the |
18 | | Environmental Protection Agency that evaluated projected |
19 | | annual costs for operation and maintenance expenses; fully |
20 | | allocated overhead costs, which shall be allocated using the |
21 | | methodology developed by the Institute for Nuclear Power |
22 | | Operations; fuel expenditures; nonfuel capital expenditures; |
23 | | spent fuel expenditures; a return on working capital; the cost |
24 | | of operational and market risks that could be avoided by |
25 | | ceasing operation; and any other costs necessary for continued |
26 | | operations, provided that "necessary" means, for purposes of |
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1 | | this definition, that the costs could reasonably be avoided |
2 | | only by ceasing operations of the carbon-free energy resource. |
3 | | "Carbon mitigation credit" means a tradable credit that |
4 | | represents the carbon emission reduction attributes of one |
5 | | megawatt-hour of energy produced from a carbon-free energy |
6 | | resource. |
7 | | "Carbon-free energy resource" means a generation facility |
8 | | that: (1) is fueled by nuclear power; and (2) is |
9 | | interconnected to PJM Interconnection, LLC. |
10 | | (3) Procurement. |
11 | | (A) Beginning with the delivery year commencing on |
12 | | June 1, 2022, the Agency shall, for electric utilities |
13 | | serving at least 3,000,000 retail customers in the State, |
14 | | seek to procure contracts for no more than approximately |
15 | | 54,500,000 cost-effective carbon mitigation credits from |
16 | | carbon-free energy resources because such credits are |
17 | | necessary to support current levels of carbon-free energy |
18 | | generation and ensure the State meets its carbon dioxide |
19 | | emissions reduction goals. The Agency shall not make a |
20 | | partial award of a contract for carbon mitigation credits |
21 | | covering a fractional amount of a carbon-free energy |
22 | | resource's projected output. |
23 | | (B) Each carbon-free energy resource that intends to |
24 | | participate in a procurement shall be required to submit |
25 | | to the Agency the following information for the resource |
26 | | on or before the date established by the Agency: |
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1 | | (i) the in-service date and remaining useful life |
2 | | of the carbon-free energy resource; |
3 | | (ii) the amount of power generated annually for |
4 | | each of the past 10 years, which shall be used to |
5 | | determine the capability of each facility; |
6 | | (iii) a commitment to be reflected in any contract |
7 | | entered into pursuant to this subsection (d-10) to |
8 | | continue operating the carbon-free energy resource at |
9 | | a capacity factor of at least 88% annually on average |
10 | | for the duration of the contract or contracts executed |
11 | | under the procurement held under this subsection |
12 | | (d-10), except in an instance described in |
13 | | subparagraph (E) of paragraph (1) of subsection (d-5) |
14 | | of this Section or made impracticable as a result of |
15 | | compliance with law or regulation; |
16 | | (iv) financial need and the risk of loss of the |
17 | | environmental benefits of such resource, which shall |
18 | | include the following information: |
19 | | (I) the carbon-free energy resource's cost |
20 | | projections, expressed on a per megawatt-hour |
21 | | basis, over the next 5 delivery years, which shall |
22 | | include the following: operation and maintenance |
23 | | expenses; fully allocated overhead costs, which |
24 | | shall be allocated using the methodology developed |
25 | | by the Institute for Nuclear Power Operations; |
26 | | fuel expenditures; nonfuel capital expenditures; |
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1 | | spent fuel expenditures; a return on working |
2 | | capital; the cost of operational and market risks |
3 | | that could be avoided by ceasing operation; and |
4 | | any other costs necessary for continued |
5 | | operations, provided that "necessary" means, for |
6 | | purposes of this subitem (I), that the costs could |
7 | | reasonably be avoided only by ceasing operations |
8 | | of the carbon-free energy resource; and |
9 | | (II) the carbon-free energy resource's revenue |
10 | | projections, including energy, capacity, ancillary |
11 | | services, any other direct State support, known or |
12 | | anticipated federal attribute credits, known or |
13 | | anticipated tax credits, and any other direct |
14 | | federal support. |
15 | | The information described in this subparagraph (B) may |
16 | | be submitted on a confidential basis and shall be treated |
17 | | and maintained by the Agency, the procurement |
18 | | administrator, and the Commission as confidential and |
19 | | proprietary and exempt from disclosure under subparagraphs |
20 | | (a) and (g) of paragraph (1) of Section 7 of the Freedom of |
21 | | Information Act. The Office of the Attorney General shall |
22 | | have access to, and maintain the confidentiality of, such |
23 | | information pursuant to Section 6.5 of the Attorney |
24 | | General Act. |
25 | | (C) The Agency shall solicit bids for the contracts |
26 | | described in this subsection (d-10) from carbon-free |
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1 | | energy resources that have satisfied the requirements of |
2 | | subparagraph (B) of this paragraph (3). The contracts |
3 | | procured pursuant to a procurement event shall reflect, |
4 | | and be subject to, the following terms, requirements, and |
5 | | limitations: |
6 | | (i) Contracts are for delivery of carbon |
7 | | mitigation credits, and are not energy or capacity |
8 | | sales contracts requiring physical delivery. Pursuant |
9 | | to item (iii), contract payments shall fully deduct |
10 | | the value of any monetized federal production tax |
11 | | credits, credits issued pursuant to a federal clean |
12 | | energy standard, and other federal credits if |
13 | | applicable. |
14 | | (ii) Contracts for carbon mitigation credits shall |
15 | | commence with the delivery year beginning on June 1, |
16 | | 2022 and shall be for a term of 5 delivery years |
17 | | concluding on May 31, 2027. |
18 | | (iii) The price per carbon mitigation credit to be |
19 | | paid under a contract for a given delivery year shall |
20 | | be equal to an accepted bid price less the sum of: |
21 | | (I) one of the following energy price indices, |
22 | | selected by the bidder at the time of the bid for |
23 | | the term of the contract: |
24 | | (aa) the weighted-average hourly day-ahead |
25 | | price for the applicable delivery year at the |
26 | | busbar of all resources procured pursuant to |
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1 | | this subsection (d-10), weighted by actual |
2 | | production from the resources; or |
3 | | (bb) the projected energy price for the |
4 | | PJM Interconnection, LLC Northern Illinois Hub |
5 | | for the applicable delivery year determined |
6 | | according to subitem (aa) of item (iii) of |
7 | | subparagraph (B) of paragraph (1) of |
8 | | subsection (d-5). |
9 | | (II) the Base Residual Auction Capacity Price |
10 | | for the ComEd zone as determined by PJM |
11 | | Interconnection, LLC, divided by 24 hours per day, |
12 | | for the applicable delivery year for the first 3 |
13 | | delivery years, and then any subsequent delivery |
14 | | years unless the PJM Interconnection, LLC applies |
15 | | the Minimum Offer Price Rule to participating |
16 | | carbon-free energy resources because they supply |
17 | | carbon mitigation credits pursuant to this Section |
18 | | at which time, upon notice by the carbon-free |
19 | | energy resource to the Commission and subject to |
20 | | the Commission's confirmation, the value under |
21 | | this subitem shall be zero, as further described |
22 | | in the carbon mitigation credit procurement plan; |
23 | | and |
24 | | (III) any value of monetized federal tax |
25 | | credits, direct payments, or similar subsidy |
26 | | provided to the carbon-free energy resource from |
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1 | | any unit of government that is not already |
2 | | reflected in energy prices. |
3 | | If the price-per-megawatt-hour calculation |
4 | | performed under item (iii) of this subparagraph (C) |
5 | | for a given delivery year results in a net positive |
6 | | value, then the electric utility counterparty to the |
7 | | contract shall multiply such net value by the |
8 | | applicable contract quantity and remit the amount to |
9 | | the supplier. |
10 | | To protect retail customers from retail rate |
11 | | impacts that may arise upon the initiation of carbon |
12 | | policy changes, if the price-per-megawatt-hour |
13 | | calculation performed under item (iii) of this |
14 | | subparagraph (C) for a given delivery year results in |
15 | | a net negative value, then the supplier counterparty |
16 | | to the contract shall multiply such net value by the |
17 | | applicable contract quantity and remit such amount to |
18 | | the electric utility counterparty. The electric |
19 | | utility shall reflect such amounts remitted by |
20 | | suppliers as a credit on its retail customer bills as |
21 | | soon as practicable. |
22 | | (iv) to ensure that retail customers in Northern |
23 | | Illinois do not pay more for carbon mitigation credits |
24 | | than the value such credits provide, and |
25 | | notwithstanding the provisions of this subsection |
26 | | (d-10), the Agency shall not accept bids for contracts |
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1 | | that exceed a customer protection cap equal to the |
2 | | baseline costs of carbon-free energy resources. |
3 | | The baseline costs for the applicable year shall |
4 | | be the following: |
5 | | (I) For the delivery year beginning June 1, |
6 | | 2022, the baseline costs shall be an amount equal |
7 | | to $30.30 per megawatt-hour. |
8 | | (II) For the delivery year beginning June 1, |
9 | | 2023, the baseline costs shall be an amount equal |
10 | | to $32.50 per megawatt-hour. |
11 | | (III) For the delivery year beginning June 1, |
12 | | 2024, the baseline costs shall be an amount equal |
13 | | to $33.43 per megawatt-hour. |
14 | | (IV) For the delivery year beginning June 1, |
15 | | 2025, the baseline costs shall be an amount equal |
16 | | to $33.50 per megawatt-hour. |
17 | | (V) For the delivery year beginning June 1, |
18 | | 2026, the baseline costs shall be an amount equal |
19 | | to $34.50 per megawatt-hour. |
20 | | An Environmental Protection Agency consultant |
21 | | forecast, included in a report issued April 14, 2021, |
22 | | projects that a carbon-free energy resource has the |
23 | | opportunity to earn on average approximately $30.28 |
24 | | per megawatt-hour, for the sale of energy and capacity |
25 | | during the time period between 2022 and 2027. |
26 | | Therefore, the sale of carbon mitigation credits |
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1 | | provides the opportunity to receive an additional |
2 | | amount per megawatt-hour in addition to the projected |
3 | | prices for energy and capacity. |
4 | | Although actual energy and capacity prices may |
5 | | vary from year-to-year, the General Assembly finds |
6 | | that this customer protection cap will help ensure |
7 | | that the cost of carbon mitigation credits will be |
8 | | less than its value, based upon the social cost of |
9 | | carbon identified in the Technical Support Document |
10 | | issued in February 2021 by the U.S. Interagency |
11 | | Working Group on Social Cost of Greenhouse Gases and |
12 | | the PJM Interconnection, LLC carbon dioxide marginal |
13 | | emission rate for 2020, and that a carbon-free energy |
14 | | resource receiving payment for carbon mitigation |
15 | | credits receives no more than necessary to keep those |
16 | | units in operation. |
17 | | (D) No later than 7 days after the effective date of |
18 | | this amendatory Act of the 102nd General Assembly, the |
19 | | Agency shall publish its proposed carbon mitigation credit |
20 | | procurement plan. The Plan shall provide that winning bids |
21 | | shall be selected by taking into consideration which |
22 | | resources best match public interest criteria that |
23 | | include, but are not limited to, minimizing carbon dioxide |
24 | | emissions that result from electricity consumed in |
25 | | Illinois and minimizing sulfur dioxide, nitrogen oxide, |
26 | | and particulate matter emissions that adversely affect the |
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1 | | citizens of this State. The selection of winning bids |
2 | | shall also take into account the incremental environmental |
3 | | benefits resulting from the procurement or procurements, |
4 | | such as any existing environmental benefits that are |
5 | | preserved by a procurement held under this subsection |
6 | | (d-10) and would cease to exist if the procurement were |
7 | | not held, including the preservation of carbon-free energy |
8 | | resources. For those bidders having the same public |
9 | | interest criteria score, the relative ranking of such |
10 | | bidders shall be determined by price. The Plan shall |
11 | | describe in detail how each public interest factor shall |
12 | | be considered and weighted in the bid selection process to |
13 | | ensure that the public interest criteria are applied to |
14 | | the procurement. The Plan shall, to the extent practical |
15 | | and permissible by federal law, ensure that successful |
16 | | bidders make commercially reasonable efforts to apply for |
17 | | federal tax credits, direct payments, or similar subsidy |
18 | | programs that support carbon-free generation and for which |
19 | | the successful bidder is eligible. Upon publishing of the |
20 | | carbon mitigation credit procurement plan, copies of the |
21 | | plan shall be posted and made publicly available on the |
22 | | Agency's website. All interested parties shall have 7 days |
23 | | following the date of posting to provide comment to the |
24 | | Agency on the plan. All comments shall be posted to the |
25 | | Agency's website. Following the end of the comment period, |
26 | | but no more than 19 days later than the effective date of |
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1 | | this amendatory Act of the 102nd General Assembly, the |
2 | | Agency shall revise the plan as necessary based on the |
3 | | comments received and file its carbon mitigation credit |
4 | | procurement plan with the Commission. |
5 | | (E) If the Commission determines that the plan is |
6 | | likely to result in the procurement of cost-effective |
7 | | carbon mitigation credits, then the Commission shall, |
8 | | after notice and hearing and opportunity for comment, but |
9 | | no later than 42 days after the Agency filed the plan, |
10 | | approve the plan or approve it with modification. For |
11 | | purposes of this subsection (d-10), "cost-effective" means |
12 | | carbon mitigation credits that are procured from |
13 | | carbon-free energy resources at prices that are within the |
14 | | limits specified in this paragraph (3). As part of the |
15 | | Commission's review and acceptance or rejection of the |
16 | | procurement results, the Commission shall, in its public |
17 | | notice of successful bidders: |
18 | | (i) identify how the selected carbon-free energy |
19 | | resources satisfy the public interest criteria |
20 | | described in this paragraph (3) of minimizing carbon |
21 | | dioxide emissions that result from electricity |
22 | | consumed in Illinois and minimizing sulfur dioxide, |
23 | | nitrogen oxide, and particulate matter emissions that |
24 | | adversely affect the citizens of this State; |
25 | | (ii) specifically address how the selection of |
26 | | carbon-free energy resources takes into account the |
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1 | | incremental environmental benefits resulting from the |
2 | | procurement, including any existing environmental |
3 | | benefits that are preserved by the procurements held |
4 | | under this amendatory Act of the 102nd General |
5 | | Assembly and would have ceased to exist if the |
6 | | procurements had not been held, such as the |
7 | | preservation of carbon-free energy resources; |
8 | | (iii) quantify the environmental benefit of |
9 | | preserving the carbon-free energy resources procured |
10 | | pursuant to this subsection (d-10), including the |
11 | | following: |
12 | | (I) an assessment value of avoided greenhouse |
13 | | gas emissions measured as the product of the |
14 | | carbon-free energy resources' output over the |
15 | | contract term, using generally accepted |
16 | | methodologies for the valuation of avoided |
17 | | emissions; and |
18 | | (II) an assessment of costs of replacement |
19 | | with other carbon-free energy resources and |
20 | | renewable energy resources, including wind and |
21 | | photovoltaic generation, based upon an assessment |
22 | | of the prices paid for renewable energy credits |
23 | | through programs and procurements conducted |
24 | | pursuant to subsection (c) of Section 1-75 of this |
25 | | Act, and the additional storage necessary to |
26 | | produce the same or similar capability of matching |
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1 | | customer usage patterns. |
2 | | (F) The procurements described in this paragraph (3), |
3 | | including, but not limited to, the execution of all |
4 | | contracts procured, shall be completed no later than |
5 | | December 3, 2021. The procurement and plan approval |
6 | | processes required by this paragraph (3) shall be |
7 | | conducted in conjunction with the procurement and plan |
8 | | approval processes required by Section 16-111.5 of the |
9 | | Public Utilities Act, to the extent practicable. However, |
10 | | the Agency and Commission may, as appropriate, modify the |
11 | | various dates and timelines under this subparagraph and |
12 | | subparagraphs (D) and (E) of this paragraph (3) to meet |
13 | | the December 3, 2021 contract execution deadline. |
14 | | Following the completion of such procurements, and |
15 | | consistent with this paragraph (3), the Agency shall |
16 | | calculate the payments to be made under each contract in a |
17 | | timely fashion. |
18 | | (F-1) Costs incurred by the electric utility pursuant |
19 | | to a contract authorized by this subsection (d-10) shall |
20 | | be deemed prudently incurred and reasonable in amount, and |
21 | | the electric utility shall be entitled to full cost |
22 | | recovery pursuant to a tariff or tariffs filed with the |
23 | | Commission. |
24 | | (G) The counterparty electric utility shall retire all |
25 | | carbon mitigation credits used to comply with the |
26 | | requirements of this subsection (d-10). |
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1 | | (H) If a carbon-free energy resource is sold to |
2 | | another owner, the rights, obligations, and commitments |
3 | | under this subsection (d-10) shall continue to the |
4 | | subsequent owner. |
5 | | (I) This subsection (d-10) shall become inoperative on |
6 | | January 1, 2028. |
7 | | (e) The draft procurement plans are subject to public |
8 | | comment, as required by Section 16-111.5 of the Public |
9 | | Utilities Act. |
10 | | (f) The Agency shall submit the final procurement plan to |
11 | | the Commission. The Agency shall revise a procurement plan if |
12 | | the Commission determines that it does not meet the standards |
13 | | set forth in Section 16-111.5 of the Public Utilities Act. |
14 | | (g) The Agency shall assess fees to each affected utility |
15 | | to recover the costs incurred in preparation of the annual |
16 | | procurement plan for the utility. |
17 | | (h) The Agency shall assess fees to each bidder to recover |
18 | | the costs incurred in connection with a competitive |
19 | | procurement process.
|
20 | | (i) A renewable energy credit, carbon emission credit, or |
21 | | zero emission credit , or carbon mitigation credit can only be |
22 | | used once to comply with a single portfolio or other standard |
23 | | as set forth in subsection (c), subsection (d), or subsection |
24 | | (d-5) of this Section, respectively. A renewable energy |
25 | | credit, carbon emission credit, or zero emission credit , or |
26 | | carbon mitigation credit cannot be used to satisfy the |
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1 | | requirements of more than one standard. If more than one type |
2 | | of credit is issued for the same megawatt hour of energy, only |
3 | | one credit can be used to satisfy the requirements of a single |
4 | | standard. After such use, the credit must be retired together |
5 | | with any other credits issued for the same megawatt hour of |
6 | | energy. |
7 | | (Source: P.A. 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; |
8 | | 101-113, eff. 1-1-20 .) |
9 | | (20 ILCS 3855/1-92) |
10 | | Sec. 1-92. Aggregation of electrical load by |
11 | | municipalities, townships, and counties. |
12 | | (a) The corporate authorities of a municipality, township |
13 | | board, or county board of a county
may
adopt an ordinance under |
14 | | which it may aggregate in accordance with this
Section |
15 | | residential and small commercial retail electrical loads |
16 | | located, respectively, within the
municipality, the township, |
17 | | or the unincorporated areas of the county and, for that |
18 | | purpose, may solicit bids and enter into service
agreements to |
19 | | facilitate
for those
loads the sale and purchase of |
20 | | electricity and related services and equipment. |
21 | | The corporate authorities, township board, or county
board |
22 | | may also exercise such authority jointly with any other |
23 | | municipality, township, or county.
Two or
more
municipalities, |
24 | | townships, or counties, or a combination of both, may initiate |
25 | | a
process
jointly to authorize aggregation by a majority vote |
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1 | | of each particular
municipality, township, or
county as |
2 | | required by this Section. |
3 | | If the corporate authorities, township board, or the |
4 | | county board seek to operate the aggregation program as an |
5 | | opt-out program for residential and small commercial retail |
6 | | customers, then prior to the adoption of an ordinance with |
7 | | respect to aggregation of residential and small commercial |
8 | | retail electric loads, the corporate authorities of a |
9 | | municipality, the township board, or the county board of a |
10 | | county shall submit a referendum to its residents to determine |
11 | | whether or not the aggregation program shall operate as an |
12 | | opt-out program for residential and small commercial retail |
13 | | customers. Any county board that seeks to submit such a |
14 | | referendum to its residents shall do so only in unincorporated |
15 | | areas of the county where no electric aggregation ordinance |
16 | | has been adopted. |
17 | | In addition to the notice and conduct requirements of the |
18 | | general election law, notice of the referendum shall state |
19 | | briefly the purpose of the referendum. The question of whether |
20 | | the corporate authorities, the township board, or the county |
21 | | board shall adopt an opt-out aggregation program for |
22 | | residential and small commercial retail customers shall be |
23 | | submitted to the electors of the municipality, township board, |
24 | | or county board at a regular election and approved by a |
25 | | majority of the electors voting on the question. The corporate |
26 | | authorities, township board, or county board must certify to |
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1 | | the proper election authority, which must submit the question |
2 | | at an election in accordance with the Election Code. |
3 | | The election authority must submit the question in |
4 | | substantially the following form: |
5 | | Shall the (municipality, township, or county in which |
6 | | the question is being voted upon) have the authority to |
7 | | arrange for the supply of electricity for its residential |
8 | | and small commercial retail customers who have not opted |
9 | | out of such program? |
10 | | The election authority must record the votes as "Yes" or "No". |
11 | | If a majority of the electors voting on the question vote |
12 | | in the affirmative, then the corporate authorities, township |
13 | | board, or county board may implement an opt-out aggregation |
14 | | program for residential and small commercial retail customers. |
15 | | A referendum must pass in each particular municipality, |
16 | | township, or county that is engaged in the aggregation |
17 | | program. If the referendum fails, then the corporate |
18 | | authorities, township board, or county board shall operate the |
19 | | aggregation program as an opt-in program for residential and |
20 | | small commercial retail customers. |
21 | | An
ordinance under this Section shall specify whether the |
22 | | aggregation will occur
only with
the prior consent of each |
23 | | person owning, occupying, controlling, or using an
electric |
24 | | load
center proposed to be aggregated. Nothing in this |
25 | | Section,
however,
authorizes the aggregation of electric loads |
26 | | that are served or authorized to be served by an electric |
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1 | | cooperative as defined by and pursuant to the Electric |
2 | | Supplier Act or loads served by a municipality that owns and |
3 | | operates its own electric distribution system. No
aggregation |
4 | | shall take
effect unless
approved by a majority of the members |
5 | | of the corporate authority, township board, or county board |
6 | | voting upon the ordinance.
|
7 | | A governmental aggregator under this Section is not a |
8 | | public utility or an
alternative retail electric supplier.
|
9 | | For purposes of this Section, "township" means the portion |
10 | | of a township that is an unincorporated portion of a county |
11 | | that is not otherwise a part of a municipality. In addition to |
12 | | such other limitations as are included in this Section, a |
13 | | township board shall only have authority to aggregate |
14 | | residential and small commercial customer loads in accordance |
15 | | with this Section if the county board of the county in which |
16 | | the township is located (i) is not also submitting a |
17 | | referendum to its residents at the same general election that |
18 | | the township board proposes to submit a referendum under this |
19 | | subsection (a), (ii) has not received authorization through |
20 | | passage of a referendum to operate an opt-out aggregation |
21 | | program for residential and small commercial retail customers |
22 | | under this subsection (a), and (iii) has not otherwise enacted |
23 | | an ordinance under this subsection (a) authorizing the |
24 | | operation of an opt-in aggregation program for residential and |
25 | | small commercial retail customers as described in this |
26 | | Section. |
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1 | | (b) Upon the applicable requisite authority under this |
2 | | Section, the corporate
authorities, the township board, or the |
3 | | county board, with assistance from the Illinois Power Agency, |
4 | | shall develop a plan of operation and
governance for the
|
5 | | aggregation program so authorized. Before adopting a plan |
6 | | under this Section,
the
corporate authorities, township board, |
7 | | or county board shall hold at least 2 public hearings on
the |
8 | | plan.
Before the first hearing, the corporate authorities, |
9 | | township board, or county board shall
publish notice of
the |
10 | | hearings once a week for 2 consecutive weeks in a newspaper of |
11 | | general
circulation
in the jurisdiction. The notice shall |
12 | | summarize the plan and state the date,
time, and
location of |
13 | | each hearing.
Any load aggregation plan established pursuant |
14 | | to this Section shall: |
15 | | (1) provide for universal
access to all applicable |
16 | | residential customers and equitable treatment of |
17 | | applicable
residential customers; |
18 | | (2) describe demand management and energy efficiency |
19 | | services to be
provided to each class of customers;
and |
20 | | (3) meet any requirements established by law
|
21 | | concerning aggregated service offered pursuant to this |
22 | | Section. |
23 | | (c) The process for soliciting bids for electricity and |
24 | | other related services and awarding proposed agreements for |
25 | | the purchase of electricity and other related services shall |
26 | | be conducted in the following order: |
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1 | | (1) The corporate authorities, township board, or |
2 | | county board may solicit bids for electricity and other |
3 | | related services. The bid specifications may include a |
4 | | provision requiring the bidder to disclose the fuel type |
5 | | of electricity to be procured or generated on behalf of |
6 | | the aggregation program customers. The corporate |
7 | | authorities, township board, or county board
may consider |
8 | | the proposed source of electricity to be procured or |
9 | | generated to be put into the grid on behalf of aggregation |
10 | | program customers in the competitive
bidding process. The |
11 | | Agency and Commission may collaborate to issue joint
|
12 | | guidance on voluntary uniform standards for bidder |
13 | | disclosures of the source of
electricity to be procured or |
14 | | generated to be put into the grid on behalf of aggregation |
15 | | program customers. |
16 | | (1.5) A township board shall request from the electric |
17 | | utility those residential and small commercial customers |
18 | | within their aggregate area either by zip code or zip |
19 | | codes or other means as determined by the electric |
20 | | utility. The electric utility shall then provide to the |
21 | | township board the residential and small commercial |
22 | | customers, including the names and addresses of |
23 | | residential and small commercial customers, |
24 | | electronically. The township board shall be responsible |
25 | | for authenticating the residential and small commercial |
26 | | customers contained in this listing and providing edits of |
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1 | | the data to affirm, add, or delete the residential and |
2 | | small commercial customers located within its |
3 | | jurisdiction. The township board shall provide the edited |
4 | | list to the electric utility in an electronic format or |
5 | | other means selected by the electric utility and certify |
6 | | that the information is accurate. |
7 | | (2) Notwithstanding Section 16-122 of the Public |
8 | | Utilities Act and Section 2HH of the Consumer Fraud and |
9 | | Deceptive Business Practices Act, an electric utility that |
10 | | provides residential and small commercial retail electric |
11 | | service in the aggregate area must, upon request of the |
12 | | corporate authorities, township board, or the county board |
13 | | in the aggregate area, submit to the requesting party, in |
14 | | an electronic format, those account numbers, names, and |
15 | | addresses of residential and small commercial retail |
16 | | customers in the aggregate area that are reflected in the |
17 | | electric utility's records at the time of the request; |
18 | | provided, however, that any township board has first |
19 | | provided an accurate customer list to the electric utility |
20 | | as provided for herein. |
21 | | Any corporate authority, township board, or county board |
22 | | receiving customer information from an electric utility shall |
23 | | be subject to the limitations on the disclosure of the |
24 | | information described in Section 16-122 of the Public |
25 | | Utilities Act and Section 2HH of the Consumer Fraud and |
26 | | Deceptive Business Practices Act, and an electric utility |
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1 | | shall not be held liable for any claims arising out of the |
2 | | provision of information pursuant to this item (2). |
3 | | (d) If the corporate authorities, township board, or |
4 | | county board operate under an opt-in program for residential |
5 | | and small commercial retail customers, then the corporate |
6 | | authorities, township board, or county board shall comply with |
7 | | all of the following: |
8 | | (1) Within 60 days after receiving the bids, the |
9 | | corporate authorities, township board, or county board |
10 | | shall allow residential and small commercial retail |
11 | | customers to commit to the terms and conditions of a bid |
12 | | that has been selected by the corporate authorities, |
13 | | township board, or county board. |
14 | | (2) If (A) the corporate authorities, township board, |
15 | | or county board award proposed agreements for the purchase |
16 | | of electricity and other related services and (B) an |
17 | | agreement is reached between the corporate authorities, |
18 | | township board, or county board for those services, then |
19 | | customers committed to the terms and conditions according |
20 | | to item (1) of this subsection (d) shall be committed to |
21 | | the agreement. |
22 | | (e) If the corporate authorities, township board, or |
23 | | county board operate as an opt-out program for residential and |
24 | | small commercial retail customers, then it shall be the duty |
25 | | of the aggregated entity to fully inform
residential and small |
26 | | commercial retail customers in advance that they have the |
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1 | | right to opt out of the aggregation program.
The disclosure |
2 | | shall prominently state all charges to be made and
shall |
3 | | include
full disclosure of the cost to obtain service pursuant |
4 | | to Section 16-103 of the Public Utilities Act, how
to access |
5 | | it,
and the fact that it is available to them without penalty, |
6 | | if they are
currently receiving
service under that Section. |
7 | | The Illinois Power Agency shall furnish, without charge, to
|
8 | | any citizen a
list of all supply options available to them in a |
9 | | format that
allows
comparison of prices and products. |
10 | | (f) Any person or entity retained by a municipality or |
11 | | county, or jointly by more than one such unit of local |
12 | | government, to provide input, guidance, or advice in the |
13 | | selection of an electricity supplier for an aggregation |
14 | | program shall disclose in writing to the involved units of |
15 | | local government the nature of any relationship through which |
16 | | the person or entity may receive, either directly or |
17 | | indirectly, commissions or other remuneration as a result of |
18 | | the selection of any particular electricity supplier. The |
19 | | written disclosure must be made prior to formal approval by |
20 | | the involved units of local government of any professional |
21 | | services agreement with the person or entity, or no later than |
22 | | October 1, 2012 with respect to any such professional services |
23 | | agreement entered into prior to the effective date of this |
24 | | amendatory Act of the 97th General Assembly. The disclosure |
25 | | shall cover all direct and indirect relationships through |
26 | | which commissions or remuneration may result, including the |
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1 | | pooling of commissions or remuneration among multiple persons |
2 | | or entities, and shall identify all involved electricity |
3 | | suppliers. The disclosure requirements in this subsection (f) |
4 | | are to be liberally construed to ensure that the nature of |
5 | | financial interests are fully revealed, and these disclosure |
6 | | requirements shall apply regardless of whether the involved |
7 | | person or entity is licensed under Section 16-115C of the |
8 | | Public Utilities Act. Any person or entity that fails to make |
9 | | the disclosure required under this subsection (f) is liable to |
10 | | the involved units of local government in an amount equal to |
11 | | all compensation paid to such person or entity by the units of |
12 | | local government for the input, guidance, or advice in the |
13 | | selection of an electricity supplier, plus reasonable |
14 | | attorneys fees and court costs incurred by the units of local |
15 | | government in connection with obtaining such amount. |
16 | | (g) The Illinois Power Agency shall provide assistance to |
17 | | municipalities, townships, counties, or associations working |
18 | | with municipalities to help complete the plan and bidding |
19 | | process. |
20 | | (h) This Section does not prohibit municipalities or |
21 | | counties from entering into an intergovernmental agreement to |
22 | | aggregate residential and small commercial retail electric |
23 | | loads.
|
24 | | (i) No later than June 1, 2023, the Illinois Power Agency |
25 | | shall produce a report assessing how aggregation of electrical |
26 | | load by municipalities, townships, and counties can be used to |
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1 | | help meet the renewable energy goals outlined in this Act. |
2 | | This report shall contain, at a minimum, an assessment of |
3 | | other states' utilization of load aggregation in meeting |
4 | | renewable energy goals, any known or expected barriers in |
5 | | utilizing load aggregation for meeting renewable energy goals, |
6 | | and recommendations for possible changes in State law |
7 | | necessary for electrical load aggregation to be a driver of |
8 | | new renewable energy project development. This report shall be |
9 | | published on the Agency's website and delivered to the |
10 | | Governor and General Assembly. To assist with developing this |
11 | | report, the Agency may retain the services of its expert |
12 | | consulting firm used to develop its procurement plans as |
13 | | provided in paragraph (1) of subsection (a) of Section 1-75. |
14 | | (Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12; |
15 | | 97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff. |
16 | | 1-1-14; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14.) |
17 | | (20 ILCS 3855/1-125)
|
18 | | Sec. 1-125. Agency annual reports. |
19 | | (a) By February 15 of each year, the Agency shall report |
20 | | annually to the Governor and the General Assembly on the |
21 | | operations and transactions of the Agency. The annual report |
22 | | shall include, but not be limited to, each of the following: |
23 | | (1) The average quantity, price, and term of all |
24 | | contracts for electricity procured under the procurement |
25 | | plans for electric utilities. |
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1 | | (2) (Blank). |
2 | | (3) The quantity, price, and rate impact of all energy |
3 | | efficiency and demand response measures purchased for |
4 | | electric utilities, and any measures included in the |
5 | | procurement plan pursuant to Section 16-111.5B of the |
6 | | Public Utilities Act. |
7 | | (4) The amount of power and energy produced by each |
8 | | Agency facility. |
9 | | (5) The quantity of electricity supplied by each |
10 | | Agency facility to municipal electric systems, |
11 | | governmental aggregators, or rural electric cooperatives |
12 | | in Illinois. |
13 | | (6) The revenues as allocated by the Agency to each |
14 | | facility. |
15 | | (7) The costs as allocated by the Agency to each |
16 | | facility. |
17 | | (8) The accumulated depreciation for each facility. |
18 | | (9) The status of any projects under development. |
19 | | (10) Basic financial and operating information |
20 | | specifically detailed for the reporting year and |
21 | | including, but not limited to, income and expense |
22 | | statements, balance sheets, and changes in financial |
23 | | position, all in accordance with generally accepted |
24 | | accounting principles, debt structure, and a summary of |
25 | | funds on a cash basis. |
26 | | (11) The average quantity, price, contract type and |
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| | SB2408 Enrolled | - 509 - | LRB102 11366 BMS 16699 b |
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1 | | term, and rate impact of all renewable resources procured |
2 | | purchased under the long-term renewable resources |
3 | | electricity procurement plans for electric utilities.
|
4 | | (12) A comparison of the costs associated with the |
5 | | Agency's procurement of renewable energy resources to (A) |
6 | | the Agency's costs associated with electricity generated |
7 | | by other types of generation facilities and (B) the |
8 | | benefits associated with the Agency's procurement of |
9 | | renewable energy resources. |
10 | | (13) An analysis of the rate impacts associated with |
11 | | the Illinois Power Agency's procurement of renewable |
12 | | resources, including, but not limited to, any long-term |
13 | | contracts, on the eligible retail customers of electric |
14 | | utilities. The analysis shall include the Agency's |
15 | | estimate of the total dollar impact that the Agency's |
16 | | procurement of renewable resources has had on the annual |
17 | | electricity bills of the customer classes that comprise |
18 | | each eligible retail customer class taking service from an |
19 | | electric utility. |
20 | | (14) (Blank). An analysis of how the operation of the |
21 | | alternative compliance payment mechanism, any long-term |
22 | | contracts, or other aspects of the applicable renewable |
23 | | portfolio standards impacts the rates of customers of |
24 | | alternative retail electric suppliers. |
25 | | (b) In addition to reporting on the transactions and |
26 | | operations of the Agency, the Agency shall also endeavor to
|
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1 | | report on the following items through its annual report, |
2 | | recognizing that full and accurate information may not be |
3 | | available for certain items: |
4 | | (1) The overall nameplate capacity amount of installed
|
5 | | and scheduled renewable energy generation capacity
|
6 | | physically located in Illinois. |
7 | | (2) The percentage of installed and scheduled
|
8 | | renewable energy generation capacity as a share of overall
|
9 | | electricity generation capacity physically located in |
10 | | Illinois. |
11 | | (3) The amount of megawatt hours produced by renewable
|
12 | | energy generation capacity physically located in Illinois
|
13 | | for the preceding delivery year. |
14 | | (4) The percentage of megawatt hours produced by
|
15 | | renewable energy generation capacity physically located in
|
16 | | Illinois as a share of overall electricity generation from
|
17 | | facilities physically located in Illinois for the
|
18 | | preceding delivery year. |
19 | | (5) The renewable portfolio standard expenditures made |
20 | | pursuant to paragraph (1) of subsection (c) of Section |
21 | | 1-75 and the total scheduled and installed renewable |
22 | | generation capacity expected to result from these |
23 | | investments. This information shall include the total cost |
24 | | of REC delivery contracts of the renewable portfolio |
25 | | standard by project category, including, but not limited |
26 | | to, renewable energy credits delivery contracts entered |
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1 | | into pursuant to subparagraphs (C), (G), (K), and (R) of |
2 | | paragraph (1) of subsection (c) Section 1-75. The Agency |
3 | | shall also report on the total amount of customer load |
4 | | featuring renewable portfolio standard compliance |
5 | | obligations scheduled to be met by self-direct customers |
6 | | pursuant to subparagraph (R) of paragraph (1) of |
7 | | subsection (c) of Section 1-75, as well as the minimum |
8 | | annual quantities of renewable energy credits scheduled to |
9 | | be retired by those customers and amount of installed |
10 | | renewable energy generating capacity used to meet the |
11 | | requirements of subparagraph (R) of paragraph (1) of |
12 | | subsection (c) of Section 1-75. |
13 | | The Agency may seek assistance from the Illinois Commerce
|
14 | | Commission in developing its annual report and may also retain
|
15 | | the services of its expert consulting firm used to develop its
|
16 | | procurement plans as outlined in paragraph (1) of subsection
|
17 | | (a) of Section 1-75. Confidential or commercially sensitive
|
18 | | business information provided by retail customers, alternative
|
19 | | retail electric suppliers, or other parties shall be kept
|
20 | | confidential by the Agency consistent with Section 1-120, but
|
21 | | may be publicly reported in aggregate form. |
22 | | (Source: P.A. 99-536, eff. 7-8-16.) |
23 | | (20 ILCS 3855/1-128 new) |
24 | | Sec. 1-128. Nonprofit Electric Generation Task Force. |
25 | | (a) By January 1, 2028, the Nonprofit Electric Generation |
|
| | SB2408 Enrolled | - 512 - | LRB102 11366 BMS 16699 b |
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1 | | Task Force shall be established to assess the technological, |
2 | | economic, and regulatory feasibility as well as legislative |
3 | | support mechanisms necessary to achieve the carbon emission |
4 | | reduction targets described in Section 9.15 of the |
5 | | Environmental Protection Act through the use of carbon |
6 | | capture, sequestration, and utilization technology. |
7 | | (b) The Task Force shall consist of the following members: |
8 | | (1) one representative of the Prairie Research |
9 | | Institute at the University of Illinois, appointed by the |
10 | | Governor with the advice and consent of the Senate; |
11 | | (2) one representative of an association representing |
12 | | municipal utilities, joint municipal electric power |
13 | | agencies, or municipal electric generators with an |
14 | | ownership interest in Prairie State Generating Company, |
15 | | appointed by the Governor with the advice and consent of |
16 | | the Senate; |
17 | | (3) one representative of an association of electric |
18 | | cooperatives with ownership interests in Prairie State |
19 | | Generating Company, appointed by the Governor with the |
20 | | advice and consent of the Senate; |
21 | | (4) one representative of a labor union or building |
22 | | trade with technical experience at a coal generation |
23 | | facility, appointed by the Governor with the advice and |
24 | | consent of the Senate; |
25 | | (5) the Director of Natural Resources, or his or her |
26 | | designee; |
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1 | | (6) the Director of the Environmental Protection |
2 | | Agency, or his or her designee; |
3 | | (7) the Governor, or his or her designee; |
4 | | (8) one expert in power sector reliability, appointed |
5 | | by the Governor with the advice and consent of the Senate; |
6 | | (9) one expert in financing large scale power sector |
7 | | carbon reduction projects, appointed by the Governor with |
8 | | the advice and consent of the Senate; |
9 | | (10) one designee of the President of the Senate; |
10 | | (11) one designee of the Speaker of the House; |
11 | | (12) one designee of the Senate Minority Leader; and |
12 | | (13) one designee of the House Minority Leader. |
13 | | (c) The Task Force shall have the following duties: |
14 | | (1) investigating the technical and financial options |
15 | | to install carbon capture, sequestration, utilization, and |
16 | | direct air capture at the Prairie State Generation Campus; |
17 | | (2) assessing the existing regulatory construct and |
18 | | any legislative support mechanisms necessary to reduce |
19 | | carbon at the Prairie State Generating Company in |
20 | | accordance with Section 9.15 of the Environmental |
21 | | Protection Act; and |
22 | | (3) preparing and filing a report with the Governor |
23 | | and the General Assembly that sets forth the Task Force's |
24 | | findings. |
25 | | (d) The Task Force may hire an independent third-party |
26 | | auditor with relevant financial expertise to conduct a |
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1 | | financial audit of the Prairie State Generating Company, |
2 | | including an examination of potential financial solutions to |
3 | | alleviate the existing indirect debt obligations facing the |
4 | | joint indirect Prairie State Generating Company owners in |
5 | | Illinois. The audit shall include a review of the existing |
6 | | debt structure for the Prairie State Generating Company and |
7 | | the individual finances of each joint direct company owner in |
8 | | Illinois in order to recommend an appropriate and equitable |
9 | | method for allocating any funds, whether from the State or |
10 | | federal government, or any other legal source, that may be |
11 | | provided to support the joint indirect owners in Illinois. Any |
12 | | commercially sensitive information reviewed pursuant to this |
13 | | audit shall be reasonably redacted from the Task Force's final |
14 | | report and shall not be subject to disclosure under the |
15 | | Freedom of Information Act. |
16 | | Section 90-35. The State Finance Act is amended by adding |
17 | | Sections 5.427, 5.935, 5.936, and 5.937 as follows:
|
18 | | (30 ILCS 105/5.427)
|
19 | | Sec. 5.427. The Electric Vehicle Rebate Alternate Fuels |
20 | | Fund. |
21 | | (Source: P.A. 89-410; 89-626, eff. 8-9-96.)
|
22 | | (30 ILCS 105/5.935 new) |
23 | | Sec. 5.935. The Coal to Solar and Energy Storage |
|
| | SB2408 Enrolled | - 515 - | LRB102 11366 BMS 16699 b |
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1 | | Initiative Fund. |
2 | | (30 ILCS 105/5.936 new) |
3 | | Sec. 5.936. The Energy Transition Assistance Fund. |
4 | | (30 ILCS 105/5.937 new) |
5 | | Sec. 5.937. The Consumer Intervenor Compensation Fund. |
6 | | Section 90-36. The Illinois Procurement Code is amended by |
7 | | changing Section 1-10 as follows:
|
8 | | (30 ILCS 500/1-10)
|
9 | | Sec. 1-10. Application.
|
10 | | (a) This Code applies only to procurements for which |
11 | | bidders, offerors, potential contractors, or contractors were |
12 | | first
solicited on or after July 1, 1998. This Code shall not |
13 | | be construed to affect
or impair any contract, or any |
14 | | provision of a contract, entered into based on a
solicitation |
15 | | prior to the implementation date of this Code as described in
|
16 | | Article 99, including , but not limited to , any covenant |
17 | | entered into with respect
to any revenue bonds or similar |
18 | | instruments.
All procurements for which contracts are |
19 | | solicited between the effective date
of Articles 50 and 99 and |
20 | | July 1, 1998 shall be substantially in accordance
with this |
21 | | Code and its intent.
|
22 | | (b) This Code shall apply regardless of the source of the |
|
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1 | | funds with which
the contracts are paid, including federal |
2 | | assistance moneys. This
Code shall
not apply to:
|
3 | | (1) Contracts between the State and its political |
4 | | subdivisions or other
governments, or between State |
5 | | governmental bodies, except as specifically provided in |
6 | | this Code.
|
7 | | (2) Grants, except for the filing requirements of |
8 | | Section 20-80.
|
9 | | (3) Purchase of care, except as provided in Section |
10 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
11 | | (4) Hiring of an individual as employee and not as an |
12 | | independent
contractor, whether pursuant to an employment |
13 | | code or policy or by contract
directly with that |
14 | | individual.
|
15 | | (5) Collective bargaining contracts.
|
16 | | (6) Purchase of real estate, except that notice of |
17 | | this type of contract with a value of more than $25,000 |
18 | | must be published in the Procurement Bulletin within 10 |
19 | | calendar days after the deed is recorded in the county of |
20 | | jurisdiction. The notice shall identify the real estate |
21 | | purchased, the names of all parties to the contract, the |
22 | | value of the contract, and the effective date of the |
23 | | contract.
|
24 | | (7) Contracts necessary to prepare for anticipated |
25 | | litigation, enforcement
actions, or investigations, |
26 | | provided
that the chief legal counsel to the Governor |
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1 | | shall give his or her prior
approval when the procuring |
2 | | agency is one subject to the jurisdiction of the
Governor, |
3 | | and provided that the chief legal counsel of any other |
4 | | procuring
entity
subject to this Code shall give his or |
5 | | her prior approval when the procuring
entity is not one |
6 | | subject to the jurisdiction of the Governor.
|
7 | | (8) (Blank).
|
8 | | (9) Procurement expenditures by the Illinois |
9 | | Conservation Foundation
when only private funds are used.
|
10 | | (10) (Blank). |
11 | | (11) Public-private agreements entered into according |
12 | | to the procurement requirements of Section 20 of the |
13 | | Public-Private Partnerships for Transportation Act and |
14 | | design-build agreements entered into according to the |
15 | | procurement requirements of Section 25 of the |
16 | | Public-Private Partnerships for Transportation Act. |
17 | | (12) Contracts for legal, financial, and other |
18 | | professional and artistic services entered into on or |
19 | | before December 31, 2018 by the Illinois Finance Authority |
20 | | in which the State of Illinois is not obligated. Such |
21 | | contracts shall be awarded through a competitive process |
22 | | authorized by the Board of the Illinois Finance Authority |
23 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
24 | | 50-35, and 50-37 of this Code, as well as the final |
25 | | approval by the Board of the Illinois Finance Authority of |
26 | | the terms of the contract. |
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1 | | (13) Contracts for services, commodities, and |
2 | | equipment to support the delivery of timely forensic |
3 | | science services in consultation with and subject to the |
4 | | approval of the Chief Procurement Officer as provided in |
5 | | subsection (d) of Section 5-4-3a of the Unified Code of |
6 | | Corrections, except for the requirements of Sections |
7 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
8 | | Code; however, the Chief Procurement Officer may, in |
9 | | writing with justification, waive any certification |
10 | | required under Article 50 of this Code. For any contracts |
11 | | for services which are currently provided by members of a |
12 | | collective bargaining agreement, the applicable terms of |
13 | | the collective bargaining agreement concerning |
14 | | subcontracting shall be followed. |
15 | | On and after January 1, 2019, this paragraph (13), |
16 | | except for this sentence, is inoperative. |
17 | | (14) Contracts for participation expenditures required |
18 | | by a domestic or international trade show or exhibition of |
19 | | an exhibitor, member, or sponsor. |
20 | | (15) Contracts with a railroad or utility that |
21 | | requires the State to reimburse the railroad or utilities |
22 | | for the relocation of utilities for construction or other |
23 | | public purpose. Contracts included within this paragraph |
24 | | (15) shall include, but not be limited to, those |
25 | | associated with: relocations, crossings, installations, |
26 | | and maintenance. For the purposes of this paragraph (15), |
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1 | | "railroad" means any form of non-highway ground |
2 | | transportation that runs on rails or electromagnetic |
3 | | guideways and "utility" means: (1) public utilities as |
4 | | defined in Section 3-105 of the Public Utilities Act, (2) |
5 | | telecommunications carriers as defined in Section 13-202 |
6 | | of the Public Utilities Act, (3) electric cooperatives as |
7 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
8 | | telephone or telecommunications cooperatives as defined in |
9 | | Section 13-212 of the Public Utilities Act, (5) rural |
10 | | water or waste water systems with 10,000 connections or |
11 | | less, (6) a holder as defined in Section 21-201 of the |
12 | | Public Utilities Act, and (7) municipalities owning or |
13 | | operating utility systems consisting of public utilities |
14 | | as that term is defined in Section 11-117-2 of the |
15 | | Illinois Municipal Code. |
16 | | (16) Procurement expenditures necessary for the |
17 | | Department of Public Health to provide the delivery of |
18 | | timely newborn screening services in accordance with the |
19 | | Newborn Metabolic Screening Act. |
20 | | (17) Procurement expenditures necessary for the |
21 | | Department of Agriculture, the Department of Financial and |
22 | | Professional Regulation, the Department of Human Services, |
23 | | and the Department of Public Health to implement the |
24 | | Compassionate Use of Medical Cannabis Program and Opioid |
25 | | Alternative Pilot Program requirements and ensure access |
26 | | to medical cannabis for patients with debilitating medical |
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1 | | conditions in accordance with the Compassionate Use of |
2 | | Medical Cannabis Program Act. |
3 | | (18) This Code does not apply to any procurements |
4 | | necessary for the Department of Agriculture, the |
5 | | Department of Financial and Professional Regulation, the |
6 | | Department of Human Services, the Department of Commerce |
7 | | and Economic Opportunity, and the Department of Public |
8 | | Health to implement the Cannabis Regulation and Tax Act if |
9 | | the applicable agency has made a good faith determination |
10 | | that it is necessary and appropriate for the expenditure |
11 | | to fall within this exemption and if the process is |
12 | | conducted in a manner substantially in accordance with the |
13 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
14 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
15 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
16 | | Section 50-35, compliance applies only to contracts or |
17 | | subcontracts over $100,000. Notice of each contract |
18 | | entered into under this paragraph (18) that is related to |
19 | | the procurement of goods and services identified in |
20 | | paragraph (1) through (9) of this subsection shall be |
21 | | published in the Procurement Bulletin within 14 calendar |
22 | | days after contract execution. The Chief Procurement |
23 | | Officer shall prescribe the form and content of the |
24 | | notice. Each agency shall provide the Chief Procurement |
25 | | Officer, on a monthly basis, in the form and content |
26 | | prescribed by the Chief Procurement Officer, a report of |
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1 | | contracts that are related to the procurement of goods and |
2 | | services identified in this subsection. At a minimum, this |
3 | | report shall include the name of the contractor, a |
4 | | description of the supply or service provided, the total |
5 | | amount of the contract, the term of the contract, and the |
6 | | exception to this Code utilized. A copy of any or all of |
7 | | these contracts shall be made available to the Chief |
8 | | Procurement Officer immediately upon request. The Chief |
9 | | Procurement Officer shall submit a report to the Governor |
10 | | and General Assembly no later than November 1 of each year |
11 | | that includes, at a minimum, an annual summary of the |
12 | | monthly information reported to the Chief Procurement |
13 | | Officer. This exemption becomes inoperative 5 years after |
14 | | June 25, 2019 ( the effective date of Public Act 101-27) |
15 | | this amendatory Act of the 101st General Assembly . |
16 | | (19) Procurement expenditures necessary for the
|
17 | | Illinois Commerce Commission to hire third-party
|
18 | | facilitators pursuant to Sections 16-105.17 and Section
|
19 | | 16-108.18 of the Public Utilities Act or an ombudsman |
20 | | pursuant to Section 16-107.5 of the Public Utilities Act, |
21 | | a facilitator pursuant to Section 16-105.17 of the Public |
22 | | Utilities Act, or a grid auditor pursuant to Section |
23 | | 16-105.10 of the Public Utilities Act. |
24 | | Notwithstanding any other provision of law, for contracts |
25 | | entered into on or after October 1, 2017 under an exemption |
26 | | provided in any paragraph of this subsection (b), except |
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1 | | paragraph (1), (2), or (5), each State agency shall post to the |
2 | | appropriate procurement bulletin the name of the contractor, a |
3 | | description of the supply or service provided, the total |
4 | | amount of the contract, the term of the contract, and the |
5 | | exception to the Code utilized. The chief procurement officer |
6 | | shall submit a report to the Governor and General Assembly no |
7 | | later than November 1 of each year that shall include, at a |
8 | | minimum, an annual summary of the monthly information reported |
9 | | to the chief procurement officer. |
10 | | (c) This Code does not apply to the electric power |
11 | | procurement process provided for under Section 1-75 of the |
12 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
13 | | Utilities Act. |
14 | | (d) Except for Section 20-160 and Article 50 of this Code, |
15 | | and as expressly required by Section 9.1 of the Illinois |
16 | | Lottery Law, the provisions of this Code do not apply to the |
17 | | procurement process provided for under Section 9.1 of the |
18 | | Illinois Lottery Law. |
19 | | (e) This Code does not apply to the process used by the |
20 | | Capital Development Board to retain a person or entity to |
21 | | assist the Capital Development Board with its duties related |
22 | | to the determination of costs of a clean coal SNG brownfield |
23 | | facility, as defined by Section 1-10 of the Illinois Power |
24 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
25 | | of the Public Utilities Act, including calculating the range |
26 | | of capital costs, the range of operating and maintenance |
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1 | | costs, or the sequestration costs or monitoring the |
2 | | construction of clean coal SNG brownfield facility for the |
3 | | full duration of construction. |
4 | | (f) (Blank). |
5 | | (g) (Blank). |
6 | | (h) This Code does not apply to the process to procure or |
7 | | contracts entered into in accordance with Sections 11-5.2 and |
8 | | 11-5.3 of the Illinois Public Aid Code. |
9 | | (i) Each chief procurement officer may access records |
10 | | necessary to review whether a contract, purchase, or other |
11 | | expenditure is or is not subject to the provisions of this |
12 | | Code, unless such records would be subject to attorney-client |
13 | | privilege. |
14 | | (j) This Code does not apply to the process used by the |
15 | | Capital Development Board to retain an artist or work or works |
16 | | of art as required in Section 14 of the Capital Development |
17 | | Board Act. |
18 | | (k) This Code does not apply to the process to procure |
19 | | contracts, or contracts entered into, by the State Board of |
20 | | Elections or the State Electoral Board for hearing officers |
21 | | appointed pursuant to the Election Code. |
22 | | (l) This Code does not apply to the processes used by the |
23 | | Illinois Student Assistance Commission to procure supplies and |
24 | | services paid for from the private funds of the Illinois |
25 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
26 | | funds" means funds derived from deposits paid into the |
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1 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
2 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; |
3 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. |
4 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised |
5 | | 9-17-19.)
|
6 | | Section 90-37. The Business Enterprise for Minorities, |
7 | | Women, and Persons with Disabilities Act is amended by |
8 | | changing Sections 4f and 7 as follows: |
9 | | (30 ILCS 575/4f) |
10 | | (Text of Section before amendment by P.A. 101-657, Article |
11 | | 40, Section 40-130 ) |
12 | | (Section scheduled to be repealed on June 30, 2024) |
13 | | Sec. 4f. Award of State contracts. |
14 | | (1) It is hereby declared to be the public policy of the |
15 | | State of Illinois to promote and encourage each State agency |
16 | | and public institution of higher education to use businesses |
17 | | owned by minorities, women, and persons with disabilities in |
18 | | the area of goods and services, including, but not limited to, |
19 | | insurance services, investment management services, |
20 | | information technology services, accounting services, |
21 | | architectural and engineering services, and legal services. |
22 | | Furthermore, each State agency and public institution of |
23 | | higher education shall utilize such firms to the greatest |
24 | | extent feasible within the bounds of financial and fiduciary |
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1 | | prudence, and take affirmative steps to remove any barriers to |
2 | | the full participation of such firms in the procurement and |
3 | | contracting opportunities afforded. |
4 | | (a) When a State agency or public institution of |
5 | | higher education, other than a community college, awards a |
6 | | contract for insurance services, for each State agency or |
7 | | public institution of higher education, it shall be the |
8 | | aspirational goal to use insurance brokers owned by |
9 | | minorities, women, and persons with disabilities as |
10 | | defined by this Act, for not less than 20% of the total |
11 | | annual premiums or fees; provided that, contracts |
12 | | representing at least 11% of the total annual premiums or |
13 | | fees shall be awarded to businesses owned by minorities; |
14 | | contracts representing at least 7% of the total annual |
15 | | premiums or fees shall be awarded to women-owned |
16 | | businesses; and contracts representing at least 2% of the |
17 | | total annual premiums or fees shall be awarded to |
18 | | businesses owned by persons with disabilities. |
19 | | (b) When a State agency or public institution of |
20 | | higher education, other than a community college, awards a |
21 | | contract for investment services, for each State agency or |
22 | | public institution of higher education, it shall be the |
23 | | aspirational goal to use emerging investment managers |
24 | | owned by minorities, women, and persons with disabilities |
25 | | as defined by this Act, for not less than 20% of the total |
26 | | funds under management; provided that, contracts |
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| | SB2408 Enrolled | - 526 - | LRB102 11366 BMS 16699 b |
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1 | | representing at least 11% of the total funds under |
2 | | management shall be awarded to businesses owned by |
3 | | minorities; contracts representing at least 7% of the |
4 | | total funds under management shall be awarded to |
5 | | women-owned businesses; and contracts representing at |
6 | | least 2% of the total funds under management shall be |
7 | | awarded to businesses owned by persons with disabilities. |
8 | | Furthermore, it is the aspirational goal that not less |
9 | | than 20% of the direct asset managers of the State funds be |
10 | | minorities, women, and persons with disabilities. |
11 | | (c) When a State agency or public institution of |
12 | | higher education, other than a community college, awards |
13 | | contracts for information technology services, accounting |
14 | | services, architectural and engineering services, and |
15 | | legal services, for each State agency and public |
16 | | institution of higher education, it shall be the |
17 | | aspirational goal to use such firms owned by minorities, |
18 | | women, and persons with disabilities as defined by this |
19 | | Act and lawyers who are minorities, women, and persons |
20 | | with disabilities as defined by this Act, for not less |
21 | | than 20% of the total dollar amount of State contracts; |
22 | | provided that, contracts representing at least 11% of the |
23 | | total dollar amount of State contracts shall be awarded to |
24 | | businesses owned by minorities or minority lawyers; |
25 | | contracts representing at least 7% of the total dollar |
26 | | amount of State contracts shall be awarded to women-owned |
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1 | | businesses or women who are lawyers; and contracts |
2 | | representing at least 2% of the total dollar amount of |
3 | | State contracts shall be awarded to businesses owned by |
4 | | persons with disabilities or persons with disabilities who |
5 | | are lawyers. |
6 | | (d) When a community college awards a contract for |
7 | | insurance services, investment services, information |
8 | | technology services, accounting services, architectural |
9 | | and engineering services, and legal services, it shall be |
10 | | the aspirational goal of each community college to use |
11 | | businesses owned by minorities, women, and persons with |
12 | | disabilities as defined in this Act for not less than 20% |
13 | | of the total amount spent on contracts for these services |
14 | | collectively; provided that, contracts representing at |
15 | | least 11% of the total amount spent on contracts for these |
16 | | services shall be awarded to businesses owned by |
17 | | minorities; contracts representing at least 7% of the |
18 | | total amount spent on contracts for these services shall |
19 | | be awarded to women-owned businesses; and contracts |
20 | | representing at least 2% of the total amount spent on |
21 | | contracts for these services shall be awarded to |
22 | | businesses owned by persons with disabilities. When a |
23 | | community college awards contracts for investment |
24 | | services, contracts awarded to investment managers who are |
25 | | not emerging investment managers as defined in this Act |
26 | | shall not be considered businesses owned by minorities, |
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1 | | women, or persons with disabilities for the purposes of |
2 | | this Section. |
3 | | (e) When a State agency or public institution of |
4 | | higher education issues competitive solicitations and the |
5 | | award history for a service or supply category shows |
6 | | awards to a class of business owners that are |
7 | | underrepresented, the Council shall determine the reason |
8 | | for the disparity and shall identify potential and |
9 | | appropriate methods to minimize or eliminate the cause for |
10 | | the disparity. |
11 | | If any State agency or public institution of higher |
12 | | education contract is eligible to be paid for or |
13 | | reimbursed, in whole or in part, with federal-aid funds, |
14 | | grants, or loans, and the provisions of this paragraph (e) |
15 | | would result in the loss of those federal-aid funds, |
16 | | grants, or loans, then the contract is exempt from the |
17 | | provisions of this paragraph (e) in order to remain |
18 | | eligible for those federal-aid funds, grants, or loans. |
19 | | (2) As used in this Section: |
20 | | "Accounting services" means the measurement, |
21 | | processing and communication of financial information |
22 | | about economic entities including, but is not limited to, |
23 | | financial accounting, management accounting, auditing, |
24 | | cost containment and auditing services, taxation and |
25 | | accounting information systems. |
26 | | "Architectural and engineering services" means |
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1 | | professional services of an architectural or engineering |
2 | | nature, or incidental services, that members of the |
3 | | architectural and engineering professions, and individuals |
4 | | in their employ, may logically or justifiably perform, |
5 | | including studies, investigations, surveying and mapping, |
6 | | tests, evaluations, consultations, comprehensive |
7 | | planning, program management, conceptual designs, plans |
8 | | and specifications, value engineering, construction phase |
9 | | services, soils engineering, drawing reviews, preparation |
10 | | of operating and maintenance manuals, and other related |
11 | | services. |
12 | | "Emerging investment manager" means an investment |
13 | | manager or claims consultant having assets under |
14 | | management below $10 billion or otherwise adjudicating |
15 | | claims. |
16 | | "Information technology services" means, but is not |
17 | | limited to, specialized technology-oriented solutions by |
18 | | combining the processes and functions of software, |
19 | | hardware, networks, telecommunications, web designers, |
20 | | cloud developing resellers, and electronics. |
21 | | "Insurance broker" means an insurance brokerage firm, |
22 | | claims administrator, or both, that procures, places all |
23 | | lines of insurance, or administers claims with annual |
24 | | premiums or fees of at least $5,000,000 but not more than |
25 | | $10,000,000. |
26 | | "Legal services" means work performed by a lawyer |
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1 | | including, but not limited to, contracts in anticipation |
2 | | of litigation, enforcement actions, or investigations. |
3 | | (3) Each State agency and public institution of higher |
4 | | education shall adopt policies that identify its plan and |
5 | | implementation procedures for increasing the use of service |
6 | | firms owned by minorities, women, and persons with |
7 | | disabilities. |
8 | | (4) Except as provided in subsection (5), the Council |
9 | | shall file no later than March 1 of each year an annual report |
10 | | to the Governor, the Bureau on Apprenticeship Programs and |
11 | | Clean Energy Jobs , and the General Assembly. The report filed |
12 | | with the General Assembly shall be filed as required in |
13 | | Section 3.1 of the General Assembly Organization Act. This |
14 | | report shall: (i) identify the service firms used by each |
15 | | State agency and public institution of higher education, (ii) |
16 | | identify the actions it has undertaken to increase the use of |
17 | | service firms owned by minorities, women, and persons with |
18 | | disabilities, including encouraging non-minority-owned firms |
19 | | to use other service firms owned by minorities, women, and |
20 | | persons with disabilities as subcontractors when the |
21 | | opportunities arise, (iii) state any recommendations made by |
22 | | the Council to each State agency and public institution of |
23 | | higher education to increase participation by the use of |
24 | | service firms owned by minorities, women, and persons with |
25 | | disabilities, and (iv) include the following: |
26 | | (A) For insurance services: the names of the insurance |
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| | SB2408 Enrolled | - 531 - | LRB102 11366 BMS 16699 b |
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1 | | brokers or claims consultants used, the total of risk |
2 | | managed by each State agency and public institution of |
3 | | higher education by insurance brokers, the total |
4 | | commissions, fees paid, or both, the lines or insurance |
5 | | policies placed, and the amount of premiums placed; and |
6 | | the percentage of the risk managed by insurance brokers, |
7 | | the percentage of total commission, fees paid, or both, |
8 | | the lines or insurance policies placed, and the amount of |
9 | | premiums placed with each by the insurance brokers owned |
10 | | by minorities, women, and persons with disabilities by |
11 | | each State agency and public institution of higher |
12 | | education. |
13 | | (B) For investment management services: the names of |
14 | | the investment managers used, the total funds under |
15 | | management of investment managers; the total commissions, |
16 | | fees paid, or both; the total and percentage of funds |
17 | | under management of emerging investment managers owned by |
18 | | minorities, women, and persons with disabilities, |
19 | | including the total and percentage of total commissions, |
20 | | fees paid, or both by each State agency and public |
21 | | institution of higher education. |
22 | | (C) The names of service firms, the percentage and |
23 | | total dollar amount paid for professional services by |
24 | | category by each State agency and public institution of |
25 | | higher education. |
26 | | (D) The names of service firms, the percentage and |
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| | SB2408 Enrolled | - 532 - | LRB102 11366 BMS 16699 b |
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1 | | total dollar amount paid for services by category to firms |
2 | | owned by minorities, women, and persons with disabilities |
3 | | by each State agency and public institution of higher |
4 | | education. |
5 | | (E) The total number of contracts awarded for services |
6 | | by category and the total number of contracts awarded to |
7 | | firms owned by minorities, women, and persons with |
8 | | disabilities by each State agency and public institution |
9 | | of higher education. |
10 | | (5) For community college districts, the Business |
11 | | Enterprise Council shall only report the following information |
12 | | for each community college district: (i) the name of the |
13 | | community colleges in the district, (ii) the name and contact |
14 | | information of a person at each community college appointed to |
15 | | be the single point of contact for vendors owned by |
16 | | minorities, women, or persons with disabilities, (iii) the |
17 | | policy of the community college district concerning certified |
18 | | vendors, (iv) the certifications recognized by the community |
19 | | college district for determining whether a business is owned |
20 | | or controlled by a minority, woman, or person with a |
21 | | disability, (v) outreach efforts conducted by the community |
22 | | college district to increase the use of certified vendors, |
23 | | (vi) the total expenditures by the community college district |
24 | | in the prior fiscal year in the divisions of work specified in |
25 | | paragraphs (a), (b), and (c) of subsection (1) of this Section |
26 | | and the amount paid to certified vendors in those divisions of |
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1 | | work, and (vii) the total number of contracts entered into for |
2 | | the divisions of work specified in paragraphs (a), (b), and |
3 | | (c) of subsection (1) of this Section and the total number of |
4 | | contracts awarded to certified vendors providing these |
5 | | services to the community college district. The Business |
6 | | Enterprise Council shall not make any utilization reports |
7 | | under this Act for community college districts for Fiscal Year |
8 | | 2015 and Fiscal Year 2016, but shall make the report required |
9 | | by this subsection for Fiscal Year 2017 and for each fiscal |
10 | | year thereafter. The Business Enterprise Council shall report |
11 | | the information in items (i), (ii), (iii), and (iv) of this |
12 | | subsection beginning in September of 2016. The Business |
13 | | Enterprise Council may collect the data needed to make its |
14 | | report from the Illinois Community College Board. |
15 | | (6) The status of the utilization of services shall be |
16 | | discussed at each of the regularly scheduled Business |
17 | | Enterprise Council meetings. Time shall be allotted for the |
18 | | Council to receive, review, and discuss the progress of the |
19 | | use of service firms owned by minorities, women, and persons |
20 | | with disabilities by each State agency and public institution |
21 | | of higher education; and any evidence regarding past or |
22 | | present racial, ethnic, or gender-based discrimination which |
23 | | directly impacts a State agency or public institution of |
24 | | higher education contracting with such firms. If after |
25 | | reviewing such evidence the Council finds that there is or has |
26 | | been such discrimination against a specific group, race or |
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1 | | sex, the Council shall establish sheltered markets or adjust |
2 | | existing sheltered markets tailored to address the Council's |
3 | | specific findings for the divisions of work specified in |
4 | | paragraphs (a), (b), and (c) of subsection (1) of this |
5 | | Section.
|
6 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
7 | | 101-657, Article 5, Section 5-10, eff. 7-1-21 (See Section 25 |
8 | | of P.A. 102-29 for effective date of P.A. 101-657, Article 5, |
9 | | Section 5-10); 102-29, eff. 6-25-21.) |
10 | | (Text of Section after amendment by P.A. 101-657, Article |
11 | | 40, Section 40-130 ) |
12 | | (Section scheduled to be repealed on June 30, 2024) |
13 | | Sec. 4f. Award of State contracts. |
14 | | (1) It is hereby declared to be the public policy of the |
15 | | State of Illinois to promote and encourage each State agency |
16 | | and public institution of higher education to use businesses |
17 | | owned by minorities, women, and persons with disabilities in |
18 | | the area of goods and services, including, but not limited to, |
19 | | insurance services, investment management services, |
20 | | information technology services, accounting services, |
21 | | architectural and engineering services, and legal services. |
22 | | Furthermore, each State agency and public institution of |
23 | | higher education shall utilize such firms to the greatest |
24 | | extent feasible within the bounds of financial and fiduciary |
25 | | prudence, and take affirmative steps to remove any barriers to |
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1 | | the full participation of such firms in the procurement and |
2 | | contracting opportunities afforded. |
3 | | (a) When a State agency or public institution of |
4 | | higher education, other than a community college, awards a |
5 | | contract for insurance services, for each State agency or |
6 | | public institution of higher education, it shall be the |
7 | | aspirational goal to use insurance brokers owned by |
8 | | minorities, women, and persons with disabilities as |
9 | | defined by this Act, for not less than 20% of the total |
10 | | annual premiums or fees; provided that, contracts |
11 | | representing at least 11% of the total annual premiums or |
12 | | fees shall be awarded to businesses owned by minorities; |
13 | | contracts representing at least 7% of the total annual |
14 | | premiums or fees shall be awarded to women-owned |
15 | | businesses; and contracts representing at least 2% of the |
16 | | total annual premiums or fees shall be awarded to |
17 | | businesses owned by persons with disabilities. |
18 | | (b) When a State agency or public institution of |
19 | | higher education, other than a community college, awards a |
20 | | contract for investment services, for each State agency or |
21 | | public institution of higher education, it shall be the |
22 | | aspirational goal to use emerging investment managers |
23 | | owned by minorities, women, and persons with disabilities |
24 | | as defined by this Act, for not less than 20% of the total |
25 | | funds under management; provided that, contracts |
26 | | representing at least 11% of the total funds under |
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1 | | management shall be awarded to businesses owned by |
2 | | minorities; contracts representing at least 7% of the |
3 | | total funds under management shall be awarded to |
4 | | women-owned businesses; and contracts representing at |
5 | | least 2% of the total funds under management shall be |
6 | | awarded to businesses owned by persons with disabilities. |
7 | | Furthermore, it is the aspirational goal that not less |
8 | | than 20% of the direct asset managers of the State funds be |
9 | | minorities, women, and persons with disabilities. |
10 | | (c) When a State agency or public institution of |
11 | | higher education, other than a community college, awards |
12 | | contracts for information technology services, accounting |
13 | | services, architectural and engineering services, and |
14 | | legal services, for each State agency and public |
15 | | institution of higher education, it shall be the |
16 | | aspirational goal to use such firms owned by minorities, |
17 | | women, and persons with disabilities as defined by this |
18 | | Act and lawyers who are minorities, women, and persons |
19 | | with disabilities as defined by this Act, for not less |
20 | | than 20% of the total dollar amount of State contracts; |
21 | | provided that, contracts representing at least 11% of the |
22 | | total dollar amount of State contracts shall be awarded to |
23 | | businesses owned by minorities or minority lawyers; |
24 | | contracts representing at least 7% of the total dollar |
25 | | amount of State contracts shall be awarded to women-owned |
26 | | businesses or women who are lawyers; and contracts |
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1 | | representing at least 2% of the total dollar amount of |
2 | | State contracts shall be awarded to businesses owned by |
3 | | persons with disabilities or persons with disabilities who |
4 | | are lawyers. |
5 | | (d) When a community college awards a contract for |
6 | | insurance services, investment services, information |
7 | | technology services, accounting services, architectural |
8 | | and engineering services, and legal services, it shall be |
9 | | the aspirational goal of each community college to use |
10 | | businesses owned by minorities, women, and persons with |
11 | | disabilities as defined in this Act for not less than 20% |
12 | | of the total amount spent on contracts for these services |
13 | | collectively; provided that, contracts representing at |
14 | | least 11% of the total amount spent on contracts for these |
15 | | services shall be awarded to businesses owned by |
16 | | minorities; contracts representing at least 7% of the |
17 | | total amount spent on contracts for these services shall |
18 | | be awarded to women-owned businesses; and contracts |
19 | | representing at least 2% of the total amount spent on |
20 | | contracts for these services shall be awarded to |
21 | | businesses owned by persons with disabilities. When a |
22 | | community college awards contracts for investment |
23 | | services, contracts awarded to investment managers who are |
24 | | not emerging investment managers as defined in this Act |
25 | | shall not be considered businesses owned by minorities, |
26 | | women, or persons with disabilities for the purposes of |
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1 | | this Section. |
2 | | (2) As used in this Section: |
3 | | "Accounting services" means the measurement, |
4 | | processing and communication of financial information |
5 | | about economic entities including, but is not limited to, |
6 | | financial accounting, management accounting, auditing, |
7 | | cost containment and auditing services, taxation and |
8 | | accounting information systems. |
9 | | "Architectural and engineering services" means |
10 | | professional services of an architectural or engineering |
11 | | nature, or incidental services, that members of the |
12 | | architectural and engineering professions, and individuals |
13 | | in their employ, may logically or justifiably perform, |
14 | | including studies, investigations, surveying and mapping, |
15 | | tests, evaluations, consultations, comprehensive |
16 | | planning, program management, conceptual designs, plans |
17 | | and specifications, value engineering, construction phase |
18 | | services, soils engineering, drawing reviews, preparation |
19 | | of operating and maintenance manuals, and other related |
20 | | services. |
21 | | "Emerging investment manager" means an investment |
22 | | manager or claims consultant having assets under |
23 | | management below $10 billion or otherwise adjudicating |
24 | | claims. |
25 | | "Information technology services" means, but is not |
26 | | limited to, specialized technology-oriented solutions by |
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1 | | combining the processes and functions of software, |
2 | | hardware, networks, telecommunications, web designers, |
3 | | cloud developing resellers, and electronics. |
4 | | "Insurance broker" means an insurance brokerage firm, |
5 | | claims administrator, or both, that procures, places all |
6 | | lines of insurance, or administers claims with annual |
7 | | premiums or fees of at least $5,000,000 but not more than |
8 | | $10,000,000. |
9 | | "Legal services" means work performed by a lawyer |
10 | | including, but not limited to, contracts in anticipation |
11 | | of litigation, enforcement actions, or investigations. |
12 | | (3) Each State agency and public institution of higher |
13 | | education shall adopt policies that identify its plan and |
14 | | implementation procedures for increasing the use of service |
15 | | firms owned by minorities, women, and persons with |
16 | | disabilities. All plan and implementation procedures for |
17 | | increasing the use of service firms owned by minorities, |
18 | | women, and persons with disabilities must be submitted to and |
19 | | approved by the Commission on Equity and Inclusion on an |
20 | | annual basis. |
21 | | (4) Except as provided in subsection (5), the Council |
22 | | shall file no later than March 1 of each year an annual report |
23 | | to the Governor, the Bureau on Apprenticeship Programs and |
24 | | Clean Energy Jobs , and the General Assembly. The report filed |
25 | | with the General Assembly shall be filed as required in |
26 | | Section 3.1 of the General Assembly Organization Act. This |
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| | SB2408 Enrolled | - 540 - | LRB102 11366 BMS 16699 b |
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1 | | report shall: (i) identify the service firms used by each |
2 | | State agency and public institution of higher education, (ii) |
3 | | identify the actions it has undertaken to increase the use of |
4 | | service firms owned by minorities, women, and persons with |
5 | | disabilities, including encouraging non-minority-owned firms |
6 | | to use other service firms owned by minorities, women, and |
7 | | persons with disabilities as subcontractors when the |
8 | | opportunities arise, (iii) state any recommendations made by |
9 | | the Council to each State agency and public institution of |
10 | | higher education to increase participation by the use of |
11 | | service firms owned by minorities, women, and persons with |
12 | | disabilities, and (iv) include the following: |
13 | | (A) For insurance services: the names of the insurance |
14 | | brokers or claims consultants used, the total of risk |
15 | | managed by each State agency and public institution of |
16 | | higher education by insurance brokers, the total |
17 | | commissions, fees paid, or both, the lines or insurance |
18 | | policies placed, and the amount of premiums placed; and |
19 | | the percentage of the risk managed by insurance brokers, |
20 | | the percentage of total commission, fees paid, or both, |
21 | | the lines or insurance policies placed, and the amount of |
22 | | premiums placed with each by the insurance brokers owned |
23 | | by minorities, women, and persons with disabilities by |
24 | | each State agency and public institution of higher |
25 | | education. |
26 | | (B) For investment management services: the names of |
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1 | | the investment managers used, the total funds under |
2 | | management of investment managers; the total commissions, |
3 | | fees paid, or both; the total and percentage of funds |
4 | | under management of emerging investment managers owned by |
5 | | minorities, women, and persons with disabilities, |
6 | | including the total and percentage of total commissions, |
7 | | fees paid, or both by each State agency and public |
8 | | institution of higher education. |
9 | | (C) The names of service firms, the percentage and |
10 | | total dollar amount paid for professional services by |
11 | | category by each State agency and public institution of |
12 | | higher education. |
13 | | (D) The names of service firms, the percentage and |
14 | | total dollar amount paid for services by category to firms |
15 | | owned by minorities, women, and persons with disabilities |
16 | | by each State agency and public institution of higher |
17 | | education. |
18 | | (E) The total number of contracts awarded for services |
19 | | by category and the total number of contracts awarded to |
20 | | firms owned by minorities, women, and persons with |
21 | | disabilities by each State agency and public institution |
22 | | of higher education. |
23 | | (5) For community college districts, the Business |
24 | | Enterprise Council shall only report the following information |
25 | | for each community college district: (i) the name of the |
26 | | community colleges in the district, (ii) the name and contact |
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1 | | information of a person at each community college appointed to |
2 | | be the single point of contact for vendors owned by |
3 | | minorities, women, or persons with disabilities, (iii) the |
4 | | policy of the community college district concerning certified |
5 | | vendors, (iv) the certifications recognized by the community |
6 | | college district for determining whether a business is owned |
7 | | or controlled by a minority, woman, or person with a |
8 | | disability, (v) outreach efforts conducted by the community |
9 | | college district to increase the use of certified vendors, |
10 | | (vi) the total expenditures by the community college district |
11 | | in the prior fiscal year in the divisions of work specified in |
12 | | paragraphs (a), (b), and (c) of subsection (1) of this Section |
13 | | and the amount paid to certified vendors in those divisions of |
14 | | work, and (vii) the total number of contracts entered into for |
15 | | the divisions of work specified in paragraphs (a), (b), and |
16 | | (c) of subsection (1) of this Section and the total number of |
17 | | contracts awarded to certified vendors providing these |
18 | | services to the community college district. The Business |
19 | | Enterprise Council shall not make any utilization reports |
20 | | under this Act for community college districts for Fiscal Year |
21 | | 2015 and Fiscal Year 2016, but shall make the report required |
22 | | by this subsection for Fiscal Year 2017 and for each fiscal |
23 | | year thereafter. The Business Enterprise Council shall report |
24 | | the information in items (i), (ii), (iii), and (iv) of this |
25 | | subsection beginning in September of 2016. The Business |
26 | | Enterprise Council may collect the data needed to make its |
|
| | SB2408 Enrolled | - 543 - | LRB102 11366 BMS 16699 b |
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1 | | report from the Illinois Community College Board. |
2 | | (6) The status of the utilization of services shall be |
3 | | discussed at each of the regularly scheduled Business |
4 | | Enterprise Council meetings. Time shall be allotted for the |
5 | | Council to receive, review, and discuss the progress of the |
6 | | use of service firms owned by minorities, women, and persons |
7 | | with disabilities by each State agency and public institution |
8 | | of higher education; and any evidence regarding past or |
9 | | present racial, ethnic, or gender-based discrimination which |
10 | | directly impacts a State agency or public institution of |
11 | | higher education contracting with such firms. If after |
12 | | reviewing such evidence the Council finds that there is or has |
13 | | been such discrimination against a specific group, race or |
14 | | sex, the Council shall establish sheltered markets or adjust |
15 | | existing sheltered markets tailored to address the Council's |
16 | | specific findings for the divisions of work specified in |
17 | | paragraphs (a), (b), and (c) of subsection (1) of this |
18 | | Section.
|
19 | | (Source: P.A. 101-170, eff. 1-1-20; 101-657, Article 5, |
20 | | Section 5-10, eff. 7-1-21 (See Section 25 of P.A. 102-29 for |
21 | | effective date of P.A. 101-657, Article 5, Section 5-10); |
22 | | 101-657, Article 40, Section 40-130, eff. 1-1-22; 102-29, eff. |
23 | | 6-25-21.) |
24 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) |
25 | | (Text of Section before amendment by P.A. 101-657 ) |
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| | SB2408 Enrolled | - 544 - | LRB102 11366 BMS 16699 b |
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1 | | (Section scheduled to be repealed on June 30, 2024) |
2 | | Sec. 7. Exemptions; waivers; publication of data. |
3 | | (1) Individual contract exemptions.
The Council, at the |
4 | | written request of the affected agency,
public institution of |
5 | | higher education, or recipient of a grant or loan of State |
6 | | funds of $250,000 or more complying with Section 45 of the |
7 | | State Finance Act, may permit an individual contract or |
8 | | contract package,
(related contracts being bid or awarded |
9 | | simultaneously for the same project
or improvements) be made |
10 | | wholly or partially exempt from State contracting
goals for |
11 | | businesses owned by
minorities, women, and persons with |
12 | | disabilities prior to the advertisement
for bids or |
13 | | solicitation of proposals whenever there has been a
|
14 | | determination, reduced to writing and based on the best |
15 | | information
available at the time of the determination, that |
16 | | there is an insufficient
number of businesses owned by |
17 | | minorities, women, and persons with disabilities to ensure |
18 | | adequate
competition and an expectation of reasonable prices |
19 | | on bids or proposals
solicited for the individual contract or |
20 | | contract package in question. Any such exemptions shall be |
21 | | given by
the Council to the Bureau on Apprenticeship Programs |
22 | | and Clean Energy Jobs . |
23 | | (a) Written request for contract exemption. A written |
24 | | request for an individual contract exemption must include, |
25 | | but is not limited to, the following: |
26 | | (i) a list of eligible businesses owned by |
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1 | | minorities, women, and persons with disabilities; |
2 | | (ii) a clear demonstration that the number of |
3 | | eligible businesses identified in subparagraph (i) |
4 | | above is insufficient to ensure adequate competition; |
5 | | (iii) the difference in cost between the contract |
6 | | proposals being offered by businesses owned by |
7 | | minorities, women, and persons with disabilities and |
8 | | the agency or public institution of higher education's |
9 | | expectations of reasonable prices on bids or proposals |
10 | | within that class; and |
11 | | (iv) a list of eligible businesses owned by |
12 | | minorities, women, and persons with
disabilities that |
13 | | the contractor has used in the current and prior |
14 | | fiscal years. |
15 | | (b) Determination. The Council's determination |
16 | | concerning an individual contract exemption must consider, |
17 | | at a minimum, the following: |
18 | | (i) the justification for the requested exemption, |
19 | | including whether diligent efforts were undertaken to |
20 | | identify and solicit eligible businesses owned by |
21 | | minorities, women, and persons with disabilities; |
22 | | (ii) the total number of exemptions granted to the |
23 | | affected agency, public institution of higher |
24 | | education, or recipient of a grant or loan of State |
25 | | funds of $250,000 or more complying with Section 45 of |
26 | | the State Finance Act that have been granted by the |
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| | SB2408 Enrolled | - 546 - | LRB102 11366 BMS 16699 b |
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1 | | Council in the current and prior fiscal years; and |
2 | | (iii) the percentage of contracts awarded by the |
3 | | agency or public institution of higher education to |
4 | | eligible businesses owned by minorities, women, and |
5 | | persons with disabilities in the current and prior |
6 | | fiscal years. |
7 | | (2) Class exemptions. |
8 | | (a) Creation. The Council, at the written request of |
9 | | the affected agency or public institution of higher |
10 | | education, may permit an entire
class of
contracts be made |
11 | | exempt from State
contracting goals for businesses owned |
12 | | by minorities, women, and persons
with disabilities |
13 | | whenever there has been a determination, reduced to
|
14 | | writing and based on the best information available at the |
15 | | time of the
determination, that there is an insufficient |
16 | | number of qualified businesses owned by minorities, women, |
17 | | and persons with
disabilities to ensure adequate |
18 | | competition and an
expectation of reasonable prices on |
19 | | bids or proposals within that class. Any such exemption |
20 | | shall be given by
the Council to the Bureau on |
21 | | Apprenticeship Programs and Clean Energy Jobs . |
22 | | (a-1) Written request for class exemption. A written |
23 | | request for a class exemption must include, but is not |
24 | | limited to, the following: |
25 | | (i) a list of eligible businesses owned by |
26 | | minorities, women, and persons with disabilities; |
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| | SB2408 Enrolled | - 547 - | LRB102 11366 BMS 16699 b |
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1 | | (ii) a clear demonstration that the number of |
2 | | eligible businesses identified in subparagraph (i) |
3 | | above is insufficient to ensure adequate competition; |
4 | | (iii) the difference in cost between the contract |
5 | | proposals being offered by eligible businesses owned |
6 | | by minorities, women, and persons with disabilities |
7 | | and the agency or public institution of higher |
8 | | education's expectations of reasonable prices on bids |
9 | | or proposals within that class; and |
10 | | (iv) the number of class exemptions the affected |
11 | | agency or public institution
of higher education |
12 | | requested in the current and prior fiscal years. |
13 | | (a-2) Determination. The Council's determination |
14 | | concerning class exemptions must consider, at a minimum, |
15 | | the following: |
16 | | (i) the justification for the requested exemption, |
17 | | including whether diligent efforts were undertaken to |
18 | | identify and solicit eligible businesses owned by |
19 | | minorities, women, and persons with disabilities; |
20 | | (ii) the total number of class exemptions granted |
21 | | to the requesting agency or public institution of |
22 | | higher education that have been granted by the Council |
23 | | in the current and prior fiscal years; and |
24 | | (iii) the percentage of contracts awarded by the |
25 | | agency or public institution of higher education to |
26 | | eligible businesses owned by minorities, women, and |
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| | SB2408 Enrolled | - 548 - | LRB102 11366 BMS 16699 b |
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1 | | persons with disabilities the current and prior fiscal |
2 | | years. |
3 | | (b) Limitation. Any such class exemption shall not be |
4 | | permitted for a
period of more than one year at a time. |
5 | | (3) Waivers. Where a particular contract requires a |
6 | | contractor to meet
a goal established pursuant to this Act, |
7 | | the contractor shall have the right
to request a waiver from |
8 | | such requirements. The Council shall grant the
waiver where |
9 | | the contractor demonstrates that there has been made a good
|
10 | | faith effort to comply with the goals for
participation by |
11 | | businesses owned by minorities, women, and persons with
|
12 | | disabilities. Any such waiver shall also be
transmitted in |
13 | | writing to the Bureau on Apprenticeship Programs and Clean |
14 | | Energy Jobs . |
15 | | (a) Request for waiver. A contractor's request for a |
16 | | waiver under this subsection (3) must include, but is not |
17 | | limited to, the following, if available: |
18 | | (i) a list of eligible businesses owned by |
19 | | minorities, women, and persons with disabilities that |
20 | | pertain to the class of contracts in the requested |
21 | | waiver; |
22 | | (ii) a clear demonstration that the number of |
23 | | eligible businesses identified in subparagraph (i) |
24 | | above is insufficient to ensure competition; |
25 | | (iii) the difference in cost between the contract |
26 | | proposals being offered by businesses owned by |
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1 | | minorities, women, and persons with disabilities and |
2 | | the agency or the public institution of higher |
3 | | education's expectations of reasonable prices on bids |
4 | | or proposals within that class; and |
5 | | (iv) a list of businesses owned by minorities, |
6 | | women, and persons with disabilities that the |
7 | | contractor has used in the current and prior fiscal |
8 | | years. |
9 | | (b) Determination. The Council's determination |
10 | | concerning waivers must include following: |
11 | | (i) the justification for the requested waiver, |
12 | | including whether the requesting contractor made a |
13 | | good faith effort to identify and solicit eligible |
14 | | businesses owned by minorities, women, and persons |
15 | | with disabilities; |
16 | | (ii) the total number of waivers the contractor |
17 | | has been granted by the Council in the current and |
18 | | prior fiscal years; |
19 | | (iii) the percentage of contracts awarded by the |
20 | | agency or public institution of higher education to |
21 | | eligible businesses owned by minorities, women, and |
22 | | persons with disabilities in the current and prior |
23 | | fiscal years; and |
24 | | (iv) the contractor's use of businesses owned by |
25 | | minorities, women, and persons with disabilities in |
26 | | the current and prior fiscal years. |
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| | SB2408 Enrolled | - 550 - | LRB102 11366 BMS 16699 b |
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1 | | (3.5) (Blank). |
2 | | (4) Conflict with other laws. In the event that any State |
3 | | contract, which
otherwise would be subject to the provisions |
4 | | of this Act, is or becomes
subject to federal laws or |
5 | | regulations which conflict with the provisions
of this Act or |
6 | | actions of the State taken pursuant hereto, the provisions
of |
7 | | the federal laws or regulations shall apply and the contract |
8 | | shall be
interpreted and enforced accordingly. |
9 | | (5) Each chief procurement officer, as defined in the |
10 | | Illinois Procurement Code, shall maintain on his or her |
11 | | official Internet website a database of the following: (i) |
12 | | waivers granted under this Section with respect to contracts |
13 | | under his or her jurisdiction; (ii) a State agency or public |
14 | | institution of higher education's written request for an |
15 | | exemption of an individual contract or an entire class of |
16 | | contracts; and (iii) the Council's written determination |
17 | | granting or denying a request for an exemption of an |
18 | | individual contract or an entire class of contracts. The |
19 | | database, which shall be updated periodically as necessary, |
20 | | shall be searchable by contractor name and by contracting |
21 | | State agency. |
22 | | (6) Each chief procurement officer, as defined by the |
23 | | Illinois Procurement Code, shall maintain on its website a |
24 | | list of all firms that have been prohibited from bidding, |
25 | | offering, or entering into a contract with the State of |
26 | | Illinois as a result of violations of this Act. |
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1 | | Each public notice required by law of the award of a State |
2 | | contract shall include for each bid or offer submitted for |
3 | | that contract the following: (i) the bidder's or offeror's |
4 | | name, (ii) the bid amount, (iii) the name or names of the |
5 | | certified firms identified in the bidder's or offeror's |
6 | | submitted utilization plan, and (iv) the bid's amount and |
7 | | percentage of the contract awarded to businesses owned by |
8 | | minorities, women, and persons with disabilities identified in |
9 | | the utilization plan. |
10 | | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
11 | | 101-601, eff. 1-1-20; 102-29, eff. 6-25-21.) |
12 | | (Text of Section after amendment by P.A. 101-657 ) |
13 | | (Section scheduled to be repealed on June 30, 2024) |
14 | | Sec. 7. Exemptions; waivers; publication of data. |
15 | | (1) Individual contract exemptions.
The Council, at the |
16 | | written request of the affected agency,
public institution of |
17 | | higher education, or recipient of a grant or loan of State |
18 | | funds of $250,000 or more complying with Section 45 of the |
19 | | State Finance Act, may permit an individual contract or |
20 | | contract package,
(related contracts being bid or awarded |
21 | | simultaneously for the same project
or improvements) be made |
22 | | wholly or partially exempt from State contracting
goals for |
23 | | businesses owned by
minorities, women, and persons with |
24 | | disabilities prior to the advertisement
for bids or |
25 | | solicitation of proposals whenever there has been a
|
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| | SB2408 Enrolled | - 552 - | LRB102 11366 BMS 16699 b |
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|
1 | | determination, reduced to writing and based on the best |
2 | | information
available at the time of the determination, that |
3 | | there is an insufficient
number of businesses owned by |
4 | | minorities, women, and persons with disabilities to ensure |
5 | | adequate
competition and an expectation of reasonable prices |
6 | | on bids or proposals
solicited for the individual contract or |
7 | | contract package in question. Any such exemptions shall be |
8 | | given by
the Council to the Bureau on Apprenticeship Programs |
9 | | and Clean Energy Jobs . |
10 | | (a) Written request for contract exemption. A written |
11 | | request for an individual contract exemption must include, |
12 | | but is not limited to, the following: |
13 | | (i) a list of eligible businesses owned by |
14 | | minorities, women, and persons with disabilities; |
15 | | (ii) a clear demonstration that the number of |
16 | | eligible businesses identified in subparagraph (i) |
17 | | above is insufficient to ensure adequate competition; |
18 | | (iii) the difference in cost between the contract |
19 | | proposals being offered by businesses owned by |
20 | | minorities, women, and persons with disabilities and |
21 | | the agency or public institution of higher education's |
22 | | expectations of reasonable prices on bids or proposals |
23 | | within that class; and |
24 | | (iv) a list of eligible businesses owned by |
25 | | minorities, women, and persons with
disabilities that |
26 | | the contractor has used in the current and prior |
|
| | SB2408 Enrolled | - 553 - | LRB102 11366 BMS 16699 b |
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1 | | fiscal years. |
2 | | (b) Determination. The Council's determination |
3 | | concerning an individual contract exemption must consider, |
4 | | at a minimum, the following: |
5 | | (i) the justification for the requested exemption, |
6 | | including whether diligent efforts were undertaken to |
7 | | identify and solicit eligible businesses owned by |
8 | | minorities, women, and persons with disabilities; |
9 | | (ii) the total number of exemptions granted to the |
10 | | affected agency, public institution of higher |
11 | | education, or recipient of a grant or loan of State |
12 | | funds of $250,000 or more complying with Section 45 of |
13 | | the State Finance Act that have been granted by the |
14 | | Council in the current and prior fiscal years; and |
15 | | (iii) the percentage of contracts awarded by the |
16 | | agency or public institution of higher education to |
17 | | eligible businesses owned by minorities, women, and |
18 | | persons with disabilities in the current and prior |
19 | | fiscal years. |
20 | | (2) Class exemptions. |
21 | | (a) Creation. The Council, at the written request of |
22 | | the affected agency or public institution of higher |
23 | | education, may permit an entire
class of
contracts be made |
24 | | exempt from State
contracting goals for businesses owned |
25 | | by minorities, women, and persons
with disabilities |
26 | | whenever there has been a determination, reduced to
|
|
| | SB2408 Enrolled | - 554 - | LRB102 11366 BMS 16699 b |
|
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1 | | writing and based on the best information available at the |
2 | | time of the
determination, that there is an insufficient |
3 | | number of qualified businesses owned by minorities, women, |
4 | | and persons with
disabilities to ensure adequate |
5 | | competition and an
expectation of reasonable prices on |
6 | | bids or proposals within that class. Any such exemption |
7 | | shall be given by
the Council to the Bureau on |
8 | | Apprenticeship Programs and Clean Energy Jobs . |
9 | | (a-1) Written request for class exemption. A written |
10 | | request for a class exemption must include, but is not |
11 | | limited to, the following: |
12 | | (i) a list of eligible businesses owned by |
13 | | minorities, women, and persons with disabilities; |
14 | | (ii) a clear demonstration that the number of |
15 | | eligible businesses identified in subparagraph (i) |
16 | | above is insufficient to ensure adequate competition; |
17 | | (iii) the difference in cost between the contract |
18 | | proposals being offered by eligible businesses owned |
19 | | by minorities, women, and persons with disabilities |
20 | | and the agency or public institution of higher |
21 | | education's expectations of reasonable prices on bids |
22 | | or proposals within that class; and |
23 | | (iv) the number of class exemptions the affected |
24 | | agency or public institution
of higher education |
25 | | requested in the current and prior fiscal years. |
26 | | (a-2) Determination. The Council's determination |
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| | SB2408 Enrolled | - 555 - | LRB102 11366 BMS 16699 b |
|
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1 | | concerning class exemptions must consider, at a minimum, |
2 | | the following: |
3 | | (i) the justification for the requested exemption, |
4 | | including whether diligent efforts were undertaken to |
5 | | identify and solicit eligible businesses owned by |
6 | | minorities, women, and persons with disabilities; |
7 | | (ii) the total number of class exemptions granted |
8 | | to the requesting agency or public institution of |
9 | | higher education that have been granted by the Council |
10 | | in the current and prior fiscal years; and |
11 | | (iii) the percentage of contracts awarded by the |
12 | | agency or public institution of higher education to |
13 | | eligible businesses owned by minorities, women, and |
14 | | persons with disabilities the current and prior fiscal |
15 | | years. |
16 | | (b) Limitation. Any such class exemption shall not be |
17 | | permitted for a
period of more than one year at a time. |
18 | | (3) Waivers. Where a particular contract requires a |
19 | | contractor to meet
a goal established pursuant to this Act, |
20 | | the contractor shall have the right
to request a waiver from |
21 | | such requirements prior to the contract award. The Council |
22 | | shall grant the waiver when the contractor demonstrates that |
23 | | there has been made a good faith effort to comply with the |
24 | | goals for participation by businesses owned by minorities, |
25 | | women, and persons with disabilities. Any such waiver shall |
26 | | also be
transmitted in writing to the Bureau on Apprenticeship |
|
| | SB2408 Enrolled | - 556 - | LRB102 11366 BMS 16699 b |
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1 | | Programs and Clean Energy Jobs . |
2 | | (a) Request for waiver. A contractor's request for a |
3 | | waiver under this subsection (3) must include, but is not |
4 | | limited to, the following, if available: |
5 | | (i) a list of eligible businesses owned by |
6 | | minorities, women, and persons with disabilities that |
7 | | pertain to the scope of work of the contract. Eligible |
8 | | businesses are only eligible if the business is |
9 | | certified for the products or work advertised in the |
10 | | solicitation; |
11 | | (ii) (blank); |
12 | | (iia) a clear demonstration that the contractor |
13 | | selected portions of the work to be performed by |
14 | | eligible businesses owned by minorities, women, and |
15 | | persons with disabilities, solicited through all |
16 | | reasonable and available means eligible businesses, |
17 | | and negotiated in good faith with interested eligible |
18 | | businesses; |
19 | | (iib) documentation demonstrating that businesses |
20 | | owned by minorities, women, and persons with |
21 | | disabilities are not rejected as being unqualified |
22 | | without sound reasons based on a thorough |
23 | | investigation of their capabilities; |
24 | | (iii) documentation demonstrating that the |
25 | | contract proposals being offered by businesses owned |
26 | | by minorities, women, and persons with disabilities |
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| | SB2408 Enrolled | - 557 - | LRB102 11366 BMS 16699 b |
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1 | | are excessive or unreasonable; and |
2 | | (iv) a list of businesses owned by minorities, |
3 | | women, and persons with disabilities that the |
4 | | contractor has used in the current and prior fiscal |
5 | | years. |
6 | | (b) Determination. The Council's determination |
7 | | concerning waivers must include following: |
8 | | (i) the justification for the requested waiver, |
9 | | including whether the requesting contractor made a |
10 | | good faith effort to identify and solicit eligible |
11 | | businesses owned by minorities, women, and persons |
12 | | with disabilities; |
13 | | (ii) the total number of waivers the contractor |
14 | | has been granted by the Council in the current and |
15 | | prior fiscal years; |
16 | | (iii) (blank); and |
17 | | (iv) the contractor's use of businesses owned by |
18 | | minorities, women, and persons with disabilities in |
19 | | the current and prior fiscal years. |
20 | | (3.5) (Blank). |
21 | | (4) Conflict with other laws. In the event that any State |
22 | | contract, which
otherwise would be subject to the provisions |
23 | | of this Act, is or becomes
subject to federal laws or |
24 | | regulations which conflict with the provisions
of this Act or |
25 | | actions of the State taken pursuant hereto, the provisions
of |
26 | | the federal laws or regulations shall apply and the contract |
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| | SB2408 Enrolled | - 558 - | LRB102 11366 BMS 16699 b |
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1 | | shall be
interpreted and enforced accordingly. |
2 | | (5) Each chief procurement officer, as defined in the |
3 | | Illinois Procurement Code, shall maintain on his or her |
4 | | official Internet website a database of the following: (i) |
5 | | waivers granted under this Section with respect to contracts |
6 | | under his or her jurisdiction; (ii) a State agency or public |
7 | | institution of higher education's written request for an |
8 | | exemption of an individual contract or an entire class of |
9 | | contracts; and (iii) the Council's written determination |
10 | | granting or denying a request for an exemption of an |
11 | | individual contract or an entire class of contracts. The |
12 | | database, which shall be updated periodically as necessary, |
13 | | shall be searchable by contractor name and by contracting |
14 | | State agency. |
15 | | (6) Each chief procurement officer, as defined by the |
16 | | Illinois Procurement Code, shall maintain on its website a |
17 | | list of all firms that have been prohibited from bidding, |
18 | | offering, or entering into a contract with the State of |
19 | | Illinois as a result of violations of this Act. |
20 | | Each public notice required by law of the award of a State |
21 | | contract shall include for each bid or offer submitted for |
22 | | that contract the following: (i) the bidder's or offeror's |
23 | | name, (ii) the bid amount, (iii) the name or names of the |
24 | | certified firms identified in the bidder's or offeror's |
25 | | submitted utilization plan, and (iv) the bid's amount and |
26 | | percentage of the contract awarded to businesses owned by |
|
| | SB2408 Enrolled | - 559 - | LRB102 11366 BMS 16699 b |
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1 | | minorities, women, and persons with disabilities identified in |
2 | | the utilization plan. |
3 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; |
4 | | 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.) |
5 | | Section 90-39. The Property Tax Code is amended by |
6 | | changing Sections 1-130, 10-5, and 10-610 as follows:
|
7 | | (35 ILCS 200/1-130)
|
8 | | Sec. 1-130. Property; real property; real estate; land; |
9 | | tract; lot. |
10 | | (a) The land
itself, with all things contained therein, |
11 | | and also all buildings, structures
and improvements, and other |
12 | | permanent fixtures thereon, including all oil, gas,
coal, and |
13 | | other minerals in the land and the right to remove oil, gas and |
14 | | other
minerals, excluding coal, from the land, and all rights |
15 | | and privileges
belonging or pertaining thereto, except where |
16 | | otherwise specified by this Code.
Not included therein are |
17 | | low-income housing tax credits authorized by
Section
42 of the |
18 | | Internal Revenue Code, 26 U.S.C. 42.
|
19 | | (b) Notwithstanding any other provision of law, mobile |
20 | | homes and manufactured homes that (i) are located outside of |
21 | | mobile home parks and (ii) are taxed under the Mobile Home |
22 | | Local Services Tax Act on the effective date of this |
23 | | amendatory Act of the 96th General Assembly shall continue to |
24 | | be taxed under the Mobile Home Local Services Tax Act and shall |
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1 | | not be assessed and taxed as real property until the home is |
2 | | sold or transferred or until the home is relocated to a |
3 | | different parcel of land outside of a mobile home park. If a |
4 | | mobile home or manufactured home described in this subsection |
5 | | (b) is sold, transferred, or relocated to a different parcel |
6 | | of land outside of a mobile home park, then the home shall be |
7 | | assessed and taxed as real property whether or not that mobile |
8 | | home or manufactured home is affixed to a permanent |
9 | | foundation, as defined in Section 5-5 of the Conveyance and |
10 | | Encumbrance of Manufactured Homes as Real Property and |
11 | | Severance Act, or installed on a permanent foundation, and |
12 | | whether or not such mobile home or manufactured home is real |
13 | | property as defined in Section 5-35 of the Conveyance and |
14 | | Encumbrance of Manufactured Homes as Real Property and |
15 | | Severance Act. Mobile homes and manufactured homes that are |
16 | | located outside of mobile home parks and assessed and taxed as |
17 | | real property on the effective date of this amendatory Act of |
18 | | the 96th General Assembly shall continue to be assessed and |
19 | | taxed as real property whether or not those mobile homes or |
20 | | manufactured homes are affixed to a permanent foundation as |
21 | | defined in the Conveyance and Encumbrance of Manufactured |
22 | | Homes as Real Property and Severance Act or installed on |
23 | | permanent foundations and whether or not those mobile homes or |
24 | | manufactured homes are real property as defined in the |
25 | | Conveyance and Encumbrance of Manufactured Homes as Real |
26 | | Property and Severance Act. If a mobile or manufactured home |
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| | SB2408 Enrolled | - 561 - | LRB102 11366 BMS 16699 b |
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1 | | that is located outside of a mobile home park is relocated to a |
2 | | mobile home park, it must be considered chattel and must be |
3 | | taxed according to the Mobile Home Local Services Tax Act. The |
4 | | owner of a mobile home or manufactured home that is located |
5 | | outside of a mobile home park may file a request with the chief |
6 | | county assessment officer that the home be taxed as real |
7 | | property. |
8 | | (c) Mobile homes and manufactured homes that are located |
9 | | in mobile home parks must be taxed according to the Mobile Home |
10 | | Local Services Tax Act. |
11 | | (d) If the provisions of this Section conflict with the |
12 | | Illinois Manufactured Housing and Mobile Home Safety Act, the |
13 | | Mobile Home Local Services Tax Act, the Mobile Home Park Act, |
14 | | or any other provision of law with respect to the taxation of |
15 | | mobile homes or manufactured homes located outside of mobile |
16 | | home parks, the provisions of this Section shall control. |
17 | | (e) Spent fuel pools and dry cask storage systems in which |
18 | | nuclear fuel is stored and is pending further or final |
19 | | disposal from a nuclear power plant that was decommissioned |
20 | | before January 1, 2021 shall be considered real property and |
21 | | be assessable. The chief county assessment officer shall |
22 | | assess such property based on a national evaluation of the |
23 | | effective value per pound of spent nuclear fuel, calculated by |
24 | | examining assessments or PILOT agreements and documented |
25 | | pounds of spent nuclear fuel, at nuclear power plants where |
26 | | such property is similarly considered real property. |
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1 | | (Source: P.A. 98-749, eff. 7-16-14.)
|
2 | | (35 ILCS 200/10-5)
|
3 | | Sec. 10-5. Solar energy systems; definitions. It is the |
4 | | policy of this
State that the use of solar energy systems |
5 | | should be encouraged because they
conserve nonrenewable |
6 | | resources, reduce pollution and promote the health and
|
7 | | well-being of the people of this State, and should be valued in |
8 | | relation to
these benefits.
|
9 | | (a) "Solar energy" means radiant energy received from
the |
10 | | sun at wave lengths suitable for heat transfer, photosynthetic |
11 | | use,
or photovoltaic use.
|
12 | | (b) "Solar collector" means
|
13 | | (1) An assembly, structure, or design, including |
14 | | passive elements,
used for gathering, concentrating, or |
15 | | absorbing direct and indirect
solar energy, specially |
16 | | designed for holding a substantial amount of
useful |
17 | | thermal energy and to transfer that energy to a gas, |
18 | | solid, or
liquid or to use that energy directly; or
|
19 | | (2) A mechanism that absorbs solar energy and converts |
20 | | it into
electricity; or
|
21 | | (3) A mechanism or process used for gathering solar |
22 | | energy through
wind or thermal gradients; or
|
23 | | (4) A component used to transfer thermal energy to a |
24 | | gas, solid, or
liquid, or to convert it into electricity.
|
25 | | (c) "Solar storage mechanism" means equipment or elements |
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| | SB2408 Enrolled | - 563 - | LRB102 11366 BMS 16699 b |
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1 | | (such as
piping and transfer mechanisms, containers, heat |
2 | | exchangers, or controls
thereof, and gases, solids, liquids, |
3 | | or combinations thereof) that are
utilized for storing solar |
4 | | energy, gathered by a solar collector, for
subsequent use.
|
5 | | (d) "Solar energy system" means
|
6 | | (1)(A) A complete assembly, structure, or design of |
7 | | solar
collector, or a solar storage mechanism, which uses |
8 | | solar energy for
generating electricity that is primarily
|
9 | | consumed on the property on which the solar energy system
|
10 | | resides, or for heating or cooling gases, solids, liquids,
|
11 | | or other materials for the primary benefit of the property
|
12 | | on which the solar energy system resides;
|
13 | | (B) The design, materials, or elements of a system and |
14 | | its
maintenance, operation, and labor components, and the |
15 | | necessary
components, if any, of supplemental conventional |
16 | | energy systems designed
or constructed to interface with a |
17 | | solar energy system; and
|
18 | | (C) Any legal, financial, or institutional orders, |
19 | | certificates, or
mechanisms, including easements, leases, |
20 | | and agreements, required to
ensure continued access to |
21 | | solar energy, its source, or its use in a
solar energy |
22 | | system, and including monitoring and educational elements
|
23 | | of a demonstration project ; or .
|
24 | | (D) Photovoltaic electricity generation systems |
25 | | subject to power purchase agreements or leases for solar |
26 | | energy between a third-party owner, an operator, or both, |
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| | SB2408 Enrolled | - 564 - | LRB102 11366 BMS 16699 b |
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1 | | and an end user of electricity, where such systems are |
2 | | located on the end user of electricity's side of the |
3 | | electric meter and which primarily are used to offset the |
4 | | electricity load of the end user behind whose electric |
5 | | meter the system is connected. A system primarily is used |
6 | | to offset the electricity load of the end user of |
7 | | electricity if the system is estimated to produce 110% or |
8 | | fewer kilowatt-hours of electricity than consumed by the |
9 | | end user of electricity at such meter in the last 12 full |
10 | | months prior to the system being placed in service. |
11 | | (2) "Solar energy system" does not include :
|
12 | | (A) Distribution equipment that is equally usable |
13 | | in a conventional
energy system except for those |
14 | | components of the equipment that are
necessary for |
15 | | meeting the requirements of efficient solar energy |
16 | | utilization;
|
17 | | (B) Components of a solar energy system that serve |
18 | | structural,
insulating, protective, shading, |
19 | | aesthetic, or other non-solar energy
utilization |
20 | | purposes, as defined in the regulations of the |
21 | | Department
of Commerce and Economic Opportunity; or |
22 | | and
|
23 | | (C) A commercial solar energy system, as defined
|
24 | | by this Code, in counties with fewer than 3,000,000
|
25 | | inhabitants. |
26 | | (3) The solar energy system shall conform to the |
|
| | SB2408 Enrolled | - 565 - | LRB102 11366 BMS 16699 b |
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1 | | standards for those
systems established by regulation of |
2 | | the Department of Commerce
and Economic Opportunity.
|
3 | | (Source: P.A. 100-781, eff. 8-10-18.)
|
4 | | (35 ILCS 200/10-610) |
5 | | Sec. 10-610. Applicability. |
6 | | (a) The provisions of this Division apply for assessment |
7 | | years 2007 through 2035 2021 . |
8 | | (b) The provisions of this Division do not apply to wind |
9 | | energy devices that are owned by any person or entity that is |
10 | | otherwise exempt from taxation under the Property Tax Code.
|
11 | | (Source: P.A. 99-825, eff. 8-16-16.) |
12 | | Section 90-43. The School Code is amended by changing |
13 | | Section 10-22.11 as follows:
|
14 | | (105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
|
15 | | Sec. 10-22.11. Lease of school property.
|
16 | | (a) To lease school
property to another school district, |
17 | | municipality or body politic and
corporate for a term of not to |
18 | | exceed 25 years, except as otherwise
provided in this Section, |
19 | | and upon such terms and conditions as may be
agreed if in the |
20 | | opinion of the school board use of such property will
not be |
21 | | needed by the district during the term of such lease; |
22 | | provided,
the school board shall not make or renew any lease |
23 | | for a term longer
than 10 years, nor alter the terms of any |
|
| | SB2408 Enrolled | - 566 - | LRB102 11366 BMS 16699 b |
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1 | | lease whose unexpired term may
exceed 10 years without the |
2 | | vote of 2/3 of the full membership of the board.
|
3 | | (b) Whenever the school board considers such action |
4 | | advisable and in
the best interests of the school district, to |
5 | | lease vacant school
property for a period not exceeding 51 |
6 | | years to a private not for profit
school organization for use |
7 | | in the care of persons with a mental disability who are |
8 | | trainable and educable in the district or in the
education of |
9 | | the
gifted children in the district. Before leasing such |
10 | | property to a
private not for profit school organization, the |
11 | | school board must adopt
a resolution for the leasing of such |
12 | | property, fixing the period and
price therefor, and order |
13 | | submitted to referendum at an election to be held
in the |
14 | | district as provided in the general election law, the question |
15 | | of
whether the lease should be entered into. Thereupon, the |
16 | | secretary
shall certify to the proper election authorities the |
17 | | proposition for
submission in accordance with the general |
18 | | election law. If the majority
of the voters voting upon the |
19 | | proposition vote in favor of the leasing,
the school board may |
20 | | proceed with the leasing. The proposition shall be
in |
21 | | substantially the following form:
|
22 | | -------------------------------------------------------------
|
23 | | Shall School District No. ..... of
|
24 | | ..... County, Illinois lease to YES
|
25 | | ..... (here name and identify the
|
26 | | lessee) the following described vacant ---------------------
|
|
| | SB2408 Enrolled | - 567 - | LRB102 11366 BMS 16699 b |
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1 | | school property (here describe the
|
2 | | property) for a term of ..... years NO
|
3 | | for the sum of ..... Dollars?
|
4 | | -------------------------------------------------------------
|
5 | | This paragraph (b) shall not be construed in such a manner |
6 | | as to
relieve the responsibility of the Board of Education as |
7 | | set out in
Article 14 of the School Code.
|
8 | | (c) To lease school buildings and land to suitable lessees |
9 | | for educational
purposes or for any other purpose which serves |
10 | | the interests of the
community, for a term not to exceed 25 |
11 | | years and upon such terms and
conditions as may be agreed upon |
12 | | by the parties, when such buildings and land are
declared by |
13 | | the board to be unnecessary or unsuitable or
inconvenient for |
14 | | a school or the uses of the district during the term of
the |
15 | | lease and when, in the opinion of the board, the best interests |
16 | | of
the residents of the school district will be enhanced by |
17 | | entering into
such a lease. Such leases shall include |
18 | | provisions for adequate
insurance for both liability and |
19 | | property damage or loss, and
reasonable charges for |
20 | | maintenance and depreciation of such buildings and
land.
|
21 | | (d) Notwithstanding any other provision to the contrary, a |
22 | | lease for vacant school property may exceed 25 years for |
23 | | renewable energy resources, as defined in Section 1-10 of the |
24 | | Illinois Power Agency Act. |
25 | | (Source: P.A. 99-143, eff. 7-27-15.)
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1 | | Section 90-50. The Public Utilities Act is amended by |
2 | | changing Sections 5-117, 8-103B, 8-406, 9-241, 16-107.5, |
3 | | 16-107.6, 16-108, 16-111.5, and 16-127 and by adding Sections |
4 | | 4-604, 4-604.5, 4-605, 8-201.7, 8-201.8, 8-201.9, 8-201.10, |
5 | | 8-218, 8-402.2, 8-512, 9-228, 9-229, 16-105.5, 16-105.6, |
6 | | 16-105.7, 16-105.10, 16-105.17, 16-108.18, 16-108.19, |
7 | | 16-108.20, 16-108.21, 16-108.25, 16-108.30, 16-111.10, 16-135, |
8 | | and 17-900 as follows: |
9 | | (220 ILCS 5/4-604 new) |
10 | | Sec. 4-604. Electric and gas public utilities ethical |
11 | | conduct and transparency. |
12 | | (a) It is the policy of this State that, as regulated, |
13 | | monopoly entities providing essential services, public |
14 | | utilities must adhere to the highest standards of ethical |
15 | | conduct. It is in the public interest to ensure ethical public |
16 | | utility conduct of the highest standards. It is therefore |
17 | | necessary for the public interest, safety, and welfare of the |
18 | | State and of public utility customers to develop rigorous |
19 | | ethical standards and scrutinize and limit public utility |
20 | | actions, expenditures, and contracting. It is also necessary |
21 | | to provide increased transparency to ensure ethical public |
22 | | utility conduct. |
23 | | (b) The standards set forth in this Section and the |
24 | | Illinois Administrative Code rules implementing this Section |
25 | | shall apply, to the extent practicable, to electric and gas |
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1 | | public utilities and their energy-related affiliates. |
2 | | (c) Public Utility Ethics and Compliance Monitor. To |
3 | | ensure that public utilities meet the highest level of ethical |
4 | | standards, including, but not limited to, those standards |
5 | | established in this Section, the Commission shall, within 60 |
6 | | days after the effective date of this amendatory Act of the |
7 | | 102nd General Assembly, establish an Ethics and Accountability |
8 | | Division at the Commission and shall create a new position of |
9 | | Public Utility Ethics and Compliance Monitor who reports to |
10 | | the Executive Director of the Commission. The role of the |
11 | | Public Utility Ethics and Compliance Monitor shall be to |
12 | | oversee electric and gas public utilities' compliance with the |
13 | | standards established in this Section, the Illinois |
14 | | Administrative Code, and any other regulatory or statutory |
15 | | obligation regarding standards of ethical conduct. The |
16 | | responsibilities of the Public Utility Ethics and Compliance |
17 | | Monitor shall include: |
18 | | (1) Hiring additional staff for the Ethics and |
19 | | Accountability Division, as deemed necessary to fulfill |
20 | | the duties imposed under this Section. |
21 | | (2) Overseeing each public utility's Chief Compliance |
22 | | and Ethics Officer's monitoring, auditing, investigation, |
23 | | enforcement, reporting, disciplinary activities, and any |
24 | | other actions required of the Chief Compliance and Ethics |
25 | | Officer pursuant to subsection (d) of this Section. If the |
26 | | Public Utility Ethics and Compliance Monitor finds a |
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1 | | public utility has not complied with the standards set |
2 | | forth in this Section, or with administrative rules |
3 | | implementing this Section, the Public Utility Ethics and |
4 | | Compliance Monitor shall detail such deficiencies in a |
5 | | report to the Commission and shall include a |
6 | | recommendation for Commission action. |
7 | | (3) Documenting violations of the standards in this |
8 | | Section or in related Sections of the Illinois |
9 | | Administrative Code and, in coordination with the |
10 | | utility's Chief Compliance and Ethics Officer, ensuring |
11 | | each public utility administers appropriate internal |
12 | | disciplinary actions and provides transparent reporting to |
13 | | the Commission. If there are violations of the standards |
14 | | in this Section or in related Sections of the Illinois |
15 | | Administrative Code where the public utility does not take |
16 | | disciplinary action or where that action is not aligned |
17 | | with the recommendation of the Public Utility Ethics and |
18 | | Compliance Monitor, the Public Utility Ethics and |
19 | | Compliance Monitor shall, within 30 days, report the |
20 | | violation, the recommended disciplinary action, and the |
21 | | public utility's actual disciplinary action, to the |
22 | | Executive Director of the Commission. Such reports shall |
23 | | be included in the annual ethics report required by |
24 | | paragraph (5) of this subsection (c) and must describe the |
25 | | violation and related recommendations. |
26 | | (4) Reviewing and keeping informed regarding internal |
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| | SB2408 Enrolled | - 571 - | LRB102 11366 BMS 16699 b |
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1 | | controls, code of ethical conduct, practices, procedures, |
2 | | and conduct of each public utility. The Public Utilities |
3 | | Ethics and Compliance Monitor may recommend any new |
4 | | internal controls, policies, practices or procedures the |
5 | | public utility should undertake in order to ensure |
6 | | compliance with this Section and with relevant Sections of |
7 | | the Illinois Administrative Code. |
8 | | (5) Publishing an annual ethics audit for each |
9 | | electric and gas public utility describing the public |
10 | | utility's internal controls, policies, practices, and |
11 | | procedures to comply with statutes, rules, court orders, |
12 | | or other applicable authority. The report shall include a |
13 | | record of any disciplinary actions taken related to |
14 | | unethical conduct as well as any recommendations made by |
15 | | the Public Utility Ethics and Compliance Monitor and the |
16 | | public utility's response to each recommendation. This |
17 | | report must be made public and the Commission may make |
18 | | necessary redactions. |
19 | | (6) Monitoring, auditing, and subpoenaing all records |
20 | | necessary for the Public Utility Ethics and Compliance |
21 | | Monitor to meet the responsibilities imposed under this |
22 | | Section and related rules, including, but not limited to, |
23 | | contracts with third party entities, accounting records, |
24 | | communication with public officials or their staff, |
25 | | lobbying activities, expenses on lobbyists and |
26 | | consultants, legal expenses, and internal compliance |
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1 | | policies. |
2 | | (d)(1) No later than 60 days after the effective date of |
3 | | this amendatory Act of the 102nd General Assembly, each public |
4 | | utility shall establish a position of Chief Ethics and |
5 | | Compliance Officer if such position does not already exist |
6 | | within the utility or at an affiliated company, provided that |
7 | | if the position exists at an affiliated company such |
8 | | individual may be designated to serve in this role for the |
9 | | utility. The Chief Ethics and Compliance Officer shall be |
10 | | responsible for ensuring that the public utility complies with |
11 | | the highest standards of ethical conduct, including, but not |
12 | | limited to, complying with the standards imposed under this |
13 | | Section, those adopted pursuant to a rulemaking authorized by |
14 | | this Section, and other applicable requirements of Illinois |
15 | | law and rules. |
16 | | (2) Each public utility's Chief Ethics and Compliance |
17 | | Officer shall: |
18 | | (A) oversee creation and implementation of a code of |
19 | | ethical conduct for the public utility, applicable to all |
20 | | directors, officers, employees, and lobbyists of the |
21 | | public utility, as well as to all contractors, |
22 | | consultants, agents, vendors, and business partners of the |
23 | | public utility in connection with their activities with or |
24 | | on behalf of the public utility; |
25 | | (B) oversee training for public utility directors, |
26 | | officers, and employees, as well as contractors, |
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1 | | consultants, lobbyists and political consultants, on the |
2 | | public utility's code of ethical conduct, practices, and |
3 | | procedures to advise agents, vendors, and business |
4 | | partners of the public utility of the applicability of the |
5 | | code of ethical conduct to their activities with or on |
6 | | behalf of the public utility; |
7 | | (C) oversee the ongoing monitoring of all contractors, |
8 | | consultants, and vendors who are contracted for the |
9 | | purpose of carrying out lobbying activities to ensure |
10 | | their continued compliance with applicable ethical |
11 | | standards; |
12 | | (D) at least annually, oversee a review of the public |
13 | | utility's internal controls, code of ethical conduct, |
14 | | practices, and procedures to assess their continued |
15 | | effectiveness to ensure the highest standards of ethical |
16 | | conduct among the public utility's directors, officers, |
17 | | employees, contractors, consultants, lobbyists, vendors, |
18 | | agents and business partners; and |
19 | | (E) maintain records of all conduct determined to be |
20 | | in violation of Illinois law, rules, and regulations, and |
21 | | the utility's response to that conduct, and make such |
22 | | records available for inspection by the Public Utility |
23 | | Ethics and Compliance Monitor. |
24 | | (e) In addition to those standards established under this |
25 | | Section, those adopted pursuant to a rulemaking authorized by |
26 | | this Section, and other applicable requirements of Illinois |
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1 | | law and rules, each public utility Chief Ethics and Compliance |
2 | | Officer shall oversee and ensure the development and |
3 | | implementation of internal controls, policies, and procedures |
4 | | to achieve the objectives set forth in paragraphs (1) through |
5 | | (3) of this subsection. Such implementation shall begin no |
6 | | later than 90 days after the effective date of this amendatory |
7 | | Act of the 102nd General Assembly. |
8 | | (1) The hiring of contractors, consultants and vendors |
9 | | for the purpose of carrying out lobbying pursuant to the |
10 | | Lobbyist Registration Act shall be reviewed and approved |
11 | | by the Chief Ethics and Compliance Officer. |
12 | | (2) No agreement between a public utility and a |
13 | | contractor, consultant, or vendor engaged for the purpose |
14 | | of carrying out lobbying pursuant to the Lobbyist |
15 | | Registration Act shall permit that contractor, consultant, |
16 | | or vendor to subcontract any portion of that work. |
17 | | (3) Public utilities shall require contractors, |
18 | | consultants, and vendors who are contracted for the |
19 | | purpose of carrying out lobbying pursuant to the Lobbyist |
20 | | Registration Act to provide detailed invoices and reports |
21 | | describing activities taken and amounts billed for such |
22 | | activities, including all persons involved and anything of |
23 | | value requested or solicited or provided to public |
24 | | officials or their staff, including hiring requests. No |
25 | | such contractor, consultant, or vendor shall be paid |
26 | | without having first submitted a detailed invoice or |
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| | SB2408 Enrolled | - 575 - | LRB102 11366 BMS 16699 b |
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1 | | report. |
2 | | For purposes of this Section, "anything of value" |
3 | | includes, but is not limited to, money, gifts, |
4 | | entertainment, hiring referrals and recommendations to the |
5 | | public utility, campaign contributions, vendor referrals, |
6 | | and contributions to charitable organizations solicited by |
7 | | or on behalf of the public official. |
8 | | (f) Each public utility shall be required to submit an |
9 | | annual ethics and compliance report to the Commission no later |
10 | | than May 1 of each year, beginning May 1, 2022. The utility's |
11 | | Chief Ethics and Compliance Officer shall oversee the |
12 | | preparation and submission of the report and shall certify it. |
13 | | Each report shall describe in detail the public utility's |
14 | | internal controls, codes of ethical conduct, practices, and |
15 | | procedures. The reporting implemented during the reporting |
16 | | period to comply with the standards set forth in this Section, |
17 | | rules adopted by the Commission, and other applicable |
18 | | requirements of Illinois law and rules. Each report shall also |
19 | | identify any material changes implemented to such internal |
20 | | controls, code of ethical conduct, practices, and procedures |
21 | | during the reporting period, as well as any material changes |
22 | | implemented, or anticipated to be implemented, in the calendar |
23 | | year in which the report is filed. Each report shall, for the |
24 | | applicable reporting period include at least the following |
25 | | information: |
26 | | (1) a summary and description of the public utility's |
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1 | | system of financial and accounting procedures, internal |
2 | | controls, and practices, including an explanation of how |
3 | | this system is reasonably designed to ensure the |
4 | | maintenance of fair and accurate books, records, and |
5 | | accounts and to provide reasonable assurances that |
6 | | transactions are recorded as necessary to permit |
7 | | preparation of financial statements in conformity with |
8 | | generally accepted accounting principles and Commission |
9 | | requirements and to maintain accountability for assets; |
10 | | (2) a summary and description of the public utility's |
11 | | process for conducting an assessment of ethics and |
12 | | compliance risks and a representation that an assessment |
13 | | was conducted in accordance with those risks and shared |
14 | | with the public utility's senior management and board of |
15 | | directors; |
16 | | (3) a summary of the public utility's implementation |
17 | | of mechanisms, including, but not limited to, training |
18 | | programs designed to ensure that its internal controls, |
19 | | code of ethical conduct, practices, and procedures are |
20 | | effectively communicated to all directors, officers, |
21 | | employees, contractors, consultants, lobbyists, vendors, |
22 | | agents, and business partners; |
23 | | (4) a summary of the public utility's efforts to |
24 | | ensure that its directors and senior management provide |
25 | | strong, explicit, and visible support and commitment to |
26 | | its corporate policy against violations of federal and |
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1 | | State law; |
2 | | (5) a summary of the public utility's implementation |
3 | | of mechanisms designed to effectively enforce its internal |
4 | | controls, code of ethical conduct, practices, and |
5 | | procedures, including appropriately providing incentives |
6 | | for compliance, disciplining violators, and applying such |
7 | | code, controls, policies, practices, and procedures |
8 | | consistently and fairly regardless of the position held |
9 | | by, or the importance of, the director, officer, or |
10 | | employee; and |
11 | | (6) a summary of the public utility's implementation |
12 | | of procedures to ensure that, where misconduct is |
13 | | discovered, reasonable steps are taken to remedy the harm |
14 | | resulting from such misconduct, including disciplinary |
15 | | action, logging the conduct and the utility's response as |
16 | | required by item (E) of paragraph (2) of subsection (d) of |
17 | | this Section and assessing and modifying as appropriate |
18 | | the internal controls, code, policies, practices and |
19 | | procedures necessary to ensure that the compliance program |
20 | | is effective. |
21 | | For purposes of this Section, "reporting period" means |
22 | | the most recent 12-month calendar year period preceding |
23 | | the applicable May 1 annual report filing date. |
24 | | (g) Notwithstanding the provisions of this Section, the |
25 | | Commission shall initiate a management audit pursuant to |
26 | | Section 8-102 of this Act by the later of 18 months after the |
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1 | | effective date of this amendatory Act of the 102nd General |
2 | | Assembly or 18 months after a conviction or a plea or agreement |
3 | | of each public utility that, on or after January 1, 2020, has |
4 | | been found guilty or entered a guilty plea regarding any |
5 | | felony offense or has entered into a Deferred Prosecution |
6 | | Agreement for a felony offense. Such audit shall address, at a |
7 | | minimum, the topics identified in paragraphs (1) through (6) |
8 | | of subsection (f). |
9 | | (h) Each public utility that files a report pursuant to |
10 | | subsection (f) must submit the specified filing fee at the |
11 | | time the Chief Clerk of the Commission accepts the filing. The |
12 | | filing fees applicable to each annual report are as follows: |
13 | | $15,000 for public utilities that serve fewer than 100,000 |
14 | | customers in the State; $75,000 for public utilities that |
15 | | serve at least 100,000 customers but not more than 500,000 |
16 | | customers in the State; $200,000 for public utilities that |
17 | | serve at least 500,000 customers in the State but not more than |
18 | | 3,000,000; and $500,000 for public utilities that serve at |
19 | | least 3,000,000 customers in the State. |
20 | | (i) In the event the Public Utility Ethics and Compliance |
21 | | Monitor finds a public utility does not comply with any |
22 | | portion of this Section, or with the rules adopted under this |
23 | | Section, the Public Utility Ethics and Compliance Monitor |
24 | | shall issue a Report to the Commission detailing the public |
25 | | utility's deficiencies. The Commission shall have authority to |
26 | | open an investigation and shall order remediation and |
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1 | | penalties, including fines, as appropriate. |
2 | | (j) Each year, each public utility in the State shall |
3 | | remit amounts necessary for the Commission to pay the wages, |
4 | | overhead, travel expenses, and other costs of the Public |
5 | | Utility Ethics and Compliance Monitor. The public utility |
6 | | shall remit payment to the Commission in an amount determined |
7 | | by the Commission based on that public utility's proportional |
8 | | share, by number of customers. |
9 | | (k) The costs of a public utility that arise from a |
10 | | criminal investigation or result from an investigation |
11 | | initiated by the Commission as the result of an ethics |
12 | | violation are not costs of service and shall not be |
13 | | recoverable in rates. |
14 | | (l) The Commission shall have the authority to adopt rules |
15 | | and emergency rules where applicable to implement this |
16 | | Section. |
17 | | (220 ILCS 5/4-604.5 new) |
18 | | Sec. 4-604.5. Restitution for misconduct. |
19 | | (a) It is the policy of this State that public utility |
20 | | ethical and criminal misconduct shall not be tolerated. The |
21 | | General Assembly finds it necessary to collect restitution, to |
22 | | be distributed as described in subsection (e), from a public |
23 | | utility that has been found guilty of violations of criminal |
24 | | law or that has entered into a Deferred Prosecution Agreement |
25 | | that details violations of criminal law that result in harm to |
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1 | | ratepayers. |
2 | | (b) In light of such violations, the Illinois Commerce |
3 | | Commission shall, within 150 days after the effective date of |
4 | | this amendatory Act of the 102nd General Assembly, initiate an |
5 | | investigation as to whether Commonwealth Edison collected, |
6 | | spent, allocated, transferred, remitted, or caused in any |
7 | | other way to be expended ratepayer funds in connection with |
8 | | the conduct detailed in the Deferred Prosecution Agreement of |
9 | | July 16, 2020 between the United States Attorney for the |
10 | | Northern District of Illinois and Commonwealth Edison. The |
11 | | investigation shall also determine whether any ratepayer funds |
12 | | were used to pay the criminal penalty agreed to in the Deferred |
13 | | Prosecution Agreement. The investigation shall determine |
14 | | whether the public utility collected, spent, allocated, |
15 | | transferred, remitted, or caused in any other way to be |
16 | | expended ratepayer funds that were not lawfully recoverable |
17 | | through rates, and which should accordingly be refunded to |
18 | | ratepayers and calculate such benefits to initiate a refund to |
19 | | ratepayers as a result of such conduct. The investigation |
20 | | shall conclude no later than 330 days following initiation and |
21 | | shall be conducted as a contested case, as defined in Section |
22 | | 1-30 of the Illinois Administrative Procedure Act. |
23 | | (c) If regulated entities are found guilty of criminal |
24 | | conduct, the Commission may initiate an investigation, impose |
25 | | penalties, order restitution and such other remedies it deems |
26 | | necessary, and initiate refunds to ratepayers as described in |
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1 | | subsection (b). Such investigation and proceeding may commence |
2 | | within 150 days of a finding of guilt. Any funds collected |
3 | | pursuant to this subsection shall be distributed as described |
4 | | in subsection (e). The Commission may order any other remedies |
5 | | it deems necessary. |
6 | | (d) Pursuant to subsection (e), the investigation shall |
7 | | calculate a schedule for remittance to State funds and to |
8 | | ratepayers, over a period of no more than 4 years, to be paid |
9 | | by the public utility from profits, returns, or shareholder |
10 | | dollars. No costs related to the investigation or contested |
11 | | proceeding authorized by this Section, restitution, or refunds |
12 | | may be recoverable through rates. |
13 | | (e) Funds collected pursuant to this Section, for the |
14 | | purposes of restitution, shall be repaid by the public utility |
15 | | as a per therm or per-kilowatt-hour credit to the public |
16 | | utility's ratepayers as a separate line item on the utility |
17 | | bill. |
18 | | (f) No public utility may use ratepayer funds to pay a |
19 | | criminal penalty imposed by any local, State, or federal law |
20 | | enforcement entity or court. |
21 | | (g) Any penalties, restitution, refunds, or remedies |
22 | | provided for in this Section are in addition to and not a |
23 | | substitution for other remedies that may be provided for by |
24 | | law. |
25 | | (220 ILCS 5/4-605 new) |
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| | SB2408 Enrolled | - 582 - | LRB102 11366 BMS 16699 b |
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1 | | Sec. 4-605. Reliability mitigation plan findings. The |
2 | | General Assembly finds that reducing carbon dioxide and |
3 | | copollutant emissions in a manner that does not threaten |
4 | | electric reliability and resource adequacy is essential to the |
5 | | health and safety of all Illinois citizens. Therefore, the |
6 | | Commission shall review reliability mitigation plans filed |
7 | | pursuant to Section 9.15 of the Environmental Protection Act |
8 | | to ensure adequate, reliable, affordable, efficient, and |
9 | | environmentally sustainable electric service is available to |
10 | | ratepayers by approving reliability mitigation plans that |
11 | | permit the Illinois Pollution Control Board to enforce |
12 | | emission reductions in a manner that preserves reliability and |
13 | | resource adequacy in wholesale and retail electricity markets. |
14 | | (220 ILCS 5/5-117) |
15 | | Sec. 5-117. Supplier diversity goals. |
16 | | (a) The public policy of this State is to collaboratively |
17 | | work with companies that serve Illinois residents to improve |
18 | | their supplier diversity in a non-antagonistic manner. |
19 | | (b) The Commission shall require all gas, electric, and |
20 | | water companies with at least 100,000 customers under its |
21 | | authority, as well as suppliers of wind energy, solar energy,
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22 | | hydroelectricity, nuclear energy, and any other supplier of
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23 | | energy within this State other than wind energy and solar |
24 | | energy required to comply with the reporting requirements |
25 | | under Section 1505-215 of the Department of Labor Law of the
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1 | | Civil Administrative Code of Illinois , to submit an annual |
2 | | report by April 15, 2015 and every April 15 thereafter, in a |
3 | | searchable Adobe PDF format, on all procurement goals and |
4 | | actual spending for female-owned, minority-owned, |
5 | | veteran-owned, and small business enterprises in the previous |
6 | | calendar year. These goals shall be expressed as a percentage |
7 | | of the total work performed by the entity submitting the |
8 | | report, and the actual spending for all female-owned, |
9 | | minority-owned, veteran-owned, and small business enterprises |
10 | | shall also be expressed as a percentage of the total work |
11 | | performed by the entity submitting the report. |
12 | | (c) Each participating company in its annual report shall |
13 | | include the following information: |
14 | | (1) an explanation of the plan for the next year to |
15 | | increase participation; |
16 | | (2) an explanation of the plan to increase the goals; |
17 | | (3) the areas of procurement each company shall be |
18 | | actively seeking more participation in in the next year; |
19 | | (4) an outline of the plan to alert and encourage |
20 | | potential vendors in that area to seek business from the |
21 | | company; |
22 | | (5) an explanation of the challenges faced in finding |
23 | | quality vendors and offer any suggestions for what the |
24 | | Commission could do to be helpful to identify those |
25 | | vendors; |
26 | | (6) a list of the certifications the company |
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1 | | recognizes; |
2 | | (7) the point of contact for any potential vendor who |
3 | | wishes to do business with the company and explain the |
4 | | process for a vendor to enroll with the company as a |
5 | | minority-owned, women-owned, or veteran-owned company; and |
6 | | (8) any particular success stories to encourage other |
7 | | companies to emulate best practices. |
8 | | (d) Each annual report shall include as much |
9 | | State-specific data as possible. If the submitting entity does |
10 | | not submit State-specific data, then the company shall include |
11 | | any national data it does have and explain why it could not |
12 | | submit State-specific data and how it intends to do so in |
13 | | future reports, if possible. |
14 | | (e) Each annual report shall include the rules, |
15 | | regulations, and definitions used for the procurement goals in |
16 | | the company's annual report. |
17 | | (f) The Commission and all participating entities shall |
18 | | hold an annual workshop open to the public in 2015 and every |
19 | | year thereafter on the state of supplier diversity to |
20 | | collaboratively seek solutions to structural impediments to |
21 | | achieving stated goals, including testimony from each |
22 | | participating entity as well as subject matter experts and |
23 | | advocates. The Commission shall publish a database on its |
24 | | website of the point of contact for each participating entity |
25 | | for supplier diversity, along with a list of certifications |
26 | | each company recognizes from the information submitted in each |
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| | SB2408 Enrolled | - 585 - | LRB102 11366 BMS 16699 b |
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1 | | annual report. The Commission shall publish each annual report |
2 | | on its website and shall maintain each annual report for at |
3 | | least 5 years.
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4 | | (Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17; |
5 | | revised 7-22-19.) |
6 | | (220 ILCS 5/8-103B) |
7 | | Sec. 8-103B. Energy efficiency and demand-response |
8 | | measures. |
9 | | (a) It is the policy of the State that electric utilities |
10 | | are required to use cost-effective energy efficiency and |
11 | | demand-response measures to reduce delivery load. Requiring |
12 | | investment in cost-effective energy efficiency and |
13 | | demand-response measures will reduce direct and indirect costs |
14 | | to consumers by decreasing environmental impacts and by |
15 | | avoiding or delaying the need for new generation, |
16 | | transmission, and distribution infrastructure. It serves the |
17 | | public interest to allow electric utilities to recover costs |
18 | | for reasonably and prudently incurred expenditures for energy |
19 | | efficiency and demand-response measures. As used in this |
20 | | Section, "cost-effective" means that the measures satisfy the |
21 | | total resource cost test. The low-income measures described in |
22 | | subsection (c) of this Section shall not be required to meet |
23 | | the total resource cost test. For purposes of this Section, |
24 | | the terms "energy-efficiency", "demand-response", "electric |
25 | | utility", and "total resource cost test" have the meanings set |
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| | SB2408 Enrolled | - 586 - | LRB102 11366 BMS 16699 b |
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1 | | forth in the Illinois Power Agency Act. "Black, indigenous, |
2 | | and people of color" and "BIPOC" means people who are members |
3 | | of the groups described in subparagraphs (a) through (e) of |
4 | | paragraph (A) of subsection (1) of Section 2 of the Business |
5 | | Enterprise for Minorities, Women, and Persons with |
6 | | Disabilities Act. |
7 | | (a-5) This Section applies to electric utilities serving |
8 | | more than 500,000 retail customers in the State for those |
9 | | multi-year plans commencing after December 31, 2017. |
10 | | (b) For purposes of this Section, electric utilities |
11 | | subject to this Section that serve more than 3,000,000 retail |
12 | | customers in the State shall be deemed to have achieved a |
13 | | cumulative persisting annual savings of 6.6% from energy |
14 | | efficiency measures and programs implemented during the period |
15 | | beginning January 1, 2012 and ending December 31, 2017, which |
16 | | percent is based on the deemed average weather normalized |
17 | | sales of electric power and energy during calendar years 2014, |
18 | | 2015, and 2016 of 88,000,000 MWhs. For the purposes of this |
19 | | subsection (b) and subsection (b-5), the 88,000,000 MWhs of |
20 | | deemed electric power and energy sales shall be reduced by the |
21 | | number of MWhs equal to the sum of the annual consumption of |
22 | | customers that have opted out of are exempt from subsections |
23 | | (a) through (j) of this Section under paragraph (1) of |
24 | | subsection (l) of this Section, as averaged across the |
25 | | calendar years 2014, 2015, and 2016. After 2017, the deemed |
26 | | value of cumulative persisting annual savings from energy |
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| | SB2408 Enrolled | - 587 - | LRB102 11366 BMS 16699 b |
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1 | | efficiency measures and programs implemented during the period |
2 | | beginning January 1, 2012 and ending December 31, 2017, shall |
3 | | be reduced each year, as follows, and the applicable value |
4 | | shall be applied to and count toward the utility's achievement |
5 | | of the cumulative persisting annual savings goals set forth in |
6 | | subsection (b-5): |
7 | | (1) 5.8% deemed cumulative persisting annual savings |
8 | | for the year ending December 31, 2018; |
9 | | (2) 5.2% deemed cumulative persisting annual savings |
10 | | for the year ending December 31, 2019; |
11 | | (3) 4.5% deemed cumulative persisting annual savings |
12 | | for the year ending December 31, 2020; |
13 | | (4) 4.0% deemed cumulative persisting annual savings |
14 | | for the year ending December 31, 2021; |
15 | | (5) 3.5% deemed cumulative persisting annual savings |
16 | | for the year ending December 31, 2022; |
17 | | (6) 3.1% deemed cumulative persisting annual savings |
18 | | for the year ending December 31, 2023; |
19 | | (7) 2.8% deemed cumulative persisting annual savings |
20 | | for the year ending December 31, 2024; |
21 | | (8) 2.5% deemed cumulative persisting annual savings |
22 | | for the year ending December 31, 2025; |
23 | | (9) 2.3% deemed cumulative persisting annual savings |
24 | | for the year ending December 31, 2026; |
25 | | (10) 2.1% deemed cumulative persisting annual savings |
26 | | for the year ending December 31, 2027; |
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| | SB2408 Enrolled | - 588 - | LRB102 11366 BMS 16699 b |
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1 | | (11) 1.8% deemed cumulative persisting annual savings |
2 | | for the year ending December 31, 2028; |
3 | | (12) 1.7% deemed cumulative persisting annual savings |
4 | | for the year ending December 31, 2029; and |
5 | | (13) 1.5% deemed cumulative persisting annual savings |
6 | | for the year ending December 31, 2030 ; . |
7 | | (14) 1.3% deemed cumulative persisting annual savings |
8 | | for the year ending December 31, 2031; |
9 | | (15) 1.1% deemed cumulative persisting annual savings |
10 | | for the year ending December 31, 2032; |
11 | | (16) 0.9% deemed cumulative persisting annual savings |
12 | | for the year ending December 31, 2033; |
13 | | (17) 0.7% deemed cumulative persisting annual savings |
14 | | for the year ending December 31, 2034; |
15 | | (18) 0.5% deemed cumulative persisting annual savings |
16 | | for the year ending December 31, 2035; |
17 | | (19) 0.4% deemed cumulative persisting annual savings |
18 | | for the year ending December 31, 2036; |
19 | | (20) 0.3% deemed cumulative persisting annual savings |
20 | | for the year ending December 31, 2037; |
21 | | (21) 0.2% deemed cumulative persisting annual savings |
22 | | for the year ending December 31, 2038; |
23 | | (22) 0.1% deemed cumulative persisting annual savings |
24 | | for the year ending December 31, 2039; and |
25 | | (23) 0.0% deemed cumulative persisting annual savings |
26 | | for the year ending December 31, 2040 and all subsequent |
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| | SB2408 Enrolled | - 589 - | LRB102 11366 BMS 16699 b |
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1 | | years. |
2 | | For purposes of this Section, "cumulative persisting |
3 | | annual savings" means the total electric energy savings in a |
4 | | given year from measures installed in that year or in previous |
5 | | years, but no earlier than January 1, 2012, that are still |
6 | | operational and providing savings in that year because the |
7 | | measures have not yet reached the end of their useful lives. |
8 | | (b-5) Beginning in 2018, electric utilities subject to |
9 | | this Section that serve more than 3,000,000 retail customers |
10 | | in the State shall achieve the following cumulative persisting |
11 | | annual savings goals, as modified by subsection (f) of this |
12 | | Section and as compared to the deemed baseline of 88,000,000 |
13 | | MWhs of electric power and energy sales set forth in |
14 | | subsection (b), as reduced by the number of MWhs equal to the |
15 | | sum of the annual consumption of customers that have opted out |
16 | | of are exempt from subsections (a) through (j) of this Section |
17 | | under paragraph (1) of subsection (l) of this Section as |
18 | | averaged across the calendar years 2014, 2015, and 2016, |
19 | | through the implementation of energy efficiency measures |
20 | | during the applicable year and in prior years, but no earlier |
21 | | than January 1, 2012: |
22 | | (1) 7.8% cumulative persisting annual savings for the |
23 | | year ending December 31, 2018; |
24 | | (2) 9.1% cumulative persisting annual savings for the |
25 | | year ending December 31, 2019; |
26 | | (3) 10.4% cumulative persisting annual savings for the |
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| | SB2408 Enrolled | - 590 - | LRB102 11366 BMS 16699 b |
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1 | | year ending December 31, 2020; |
2 | | (4) 11.8% cumulative persisting annual savings for the |
3 | | year ending December 31, 2021; |
4 | | (5) 13.1% cumulative persisting annual savings for the |
5 | | year ending December 31, 2022; |
6 | | (6) 14.4% cumulative persisting annual savings for the |
7 | | year ending December 31, 2023; |
8 | | (7) 15.7% cumulative persisting annual savings for the |
9 | | year ending December 31, 2024; |
10 | | (8) 17% cumulative persisting annual savings for the |
11 | | year ending December 31, 2025; |
12 | | (9) 17.9% cumulative persisting annual savings for the |
13 | | year ending December 31, 2026; |
14 | | (10) 18.8% cumulative persisting annual savings for |
15 | | the year ending December 31, 2027; |
16 | | (11) 19.7% cumulative persisting annual savings for |
17 | | the year ending December 31, 2028; |
18 | | (12) 20.6% cumulative persisting annual savings for |
19 | | the year ending December 31, 2029; and |
20 | | (13) 21.5% cumulative persisting annual savings for |
21 | | the year ending December 31, 2030. |
22 | | No later than December 31, 2021, the Illinois Commerce |
23 | | Commission shall establish additional cumulative persisting |
24 | | annual savings goals for the years 2031 through 2035. No later |
25 | | than December 31, 2024, the Illinois Commerce Commission shall |
26 | | establish additional cumulative persisting annual savings |
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| | SB2408 Enrolled | - 591 - | LRB102 11366 BMS 16699 b |
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1 | | goals for the years 2036 through 2040. The Commission shall |
2 | | also establish additional cumulative persisting annual savings |
3 | | goals every 5 years thereafter to ensure that utilities always |
4 | | have goals that extend at least 11 years into the future. The |
5 | | cumulative persisting annual savings goals beyond the year |
6 | | 2030 shall increase by 0.9 percentage points per year, absent |
7 | | a Commission decision to initiate a proceeding to consider |
8 | | establishing goals that increase by more or less than that |
9 | | amount. Such a proceeding must be conducted in accordance with |
10 | | the procedures described in subsection (f) of this Section. If |
11 | | such a proceeding is initiated, the cumulative persisting |
12 | | annual savings goals established by the Commission through |
13 | | that proceeding shall reflect the Commission's best estimate |
14 | | of the maximum amount of additional savings that are forecast |
15 | | to be cost-effectively achievable unless such best estimates |
16 | | would result in goals that represent less than 0.5 percentage |
17 | | point annual increases in total cumulative persisting annual |
18 | | savings. The Commission may only establish goals that |
19 | | represent less than 0.5 percentage point annual increases in |
20 | | cumulative persisting annual savings if it can demonstrate, |
21 | | based on clear and convincing evidence and through independent |
22 | | analysis, that 0.5 percentage point increases are not |
23 | | cost-effectively achievable. The Commission shall inform its |
24 | | decision based on an energy efficiency potential study that |
25 | | conforms to the requirements of this Section. |
26 | | (b-10) For purposes of this Section, electric utilities |
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| | SB2408 Enrolled | - 592 - | LRB102 11366 BMS 16699 b |
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1 | | subject to this Section that serve less than 3,000,000 retail |
2 | | customers but more than 500,000 retail customers in the State |
3 | | shall be deemed to have achieved a cumulative persisting |
4 | | annual savings of 6.6% from energy efficiency measures and |
5 | | programs implemented during the period beginning January 1, |
6 | | 2012 and ending December 31, 2017, which is based on the deemed |
7 | | average weather normalized sales of electric power and energy |
8 | | during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. |
9 | | For the purposes of this subsection (b-10) and subsection |
10 | | (b-15), the 36,900,000 MWhs of deemed electric power and |
11 | | energy sales shall be reduced by the number of MWhs equal to |
12 | | the sum of the annual consumption of customers that have opted |
13 | | out of are exempt from subsections (a) through (j) of this |
14 | | Section under paragraph (1) of subsection (l) of this Section, |
15 | | as averaged across the calendar years 2014, 2015, and 2016. |
16 | | After 2017, the deemed value of cumulative persisting annual |
17 | | savings from energy efficiency measures and programs |
18 | | implemented during the period beginning January 1, 2012 and |
19 | | ending December 31, 2017, shall be reduced each year, as |
20 | | follows, and the applicable value shall be applied to and |
21 | | count toward the utility's achievement of the cumulative |
22 | | persisting annual savings goals set forth in subsection |
23 | | (b-15): |
24 | | (1) 5.8% deemed cumulative persisting annual savings |
25 | | for the year ending December 31, 2018; |
26 | | (2) 5.2% deemed cumulative persisting annual savings |
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| | SB2408 Enrolled | - 593 - | LRB102 11366 BMS 16699 b |
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1 | | for the year ending December 31, 2019; |
2 | | (3) 4.5% deemed cumulative persisting annual savings |
3 | | for the year ending December 31, 2020; |
4 | | (4) 4.0% deemed cumulative persisting annual savings |
5 | | for the year ending December 31, 2021; |
6 | | (5) 3.5% deemed cumulative persisting annual savings |
7 | | for the year ending December 31, 2022; |
8 | | (6) 3.1% deemed cumulative persisting annual savings |
9 | | for the year ending December 31, 2023; |
10 | | (7) 2.8% deemed cumulative persisting annual savings |
11 | | for the year ending December 31, 2024; |
12 | | (8) 2.5% deemed cumulative persisting annual savings |
13 | | for the year ending December 31, 2025; |
14 | | (9) 2.3% deemed cumulative persisting annual savings |
15 | | for the year ending December 31, 2026; |
16 | | (10) 2.1% deemed cumulative persisting annual savings |
17 | | for the year ending December 31, 2027; |
18 | | (11) 1.8% deemed cumulative persisting annual savings |
19 | | for the year ending December 31, 2028; |
20 | | (12) 1.7% deemed cumulative persisting annual savings |
21 | | for the year ending December 31, 2029; and |
22 | | (13) 1.5% deemed cumulative persisting annual savings |
23 | | for the year ending December 31, 2030 ; . |
24 | | (14) 1.3% deemed cumulative persisting annual savings |
25 | | for the year ending December 31, 2031; |
26 | | (15) 1.1% deemed cumulative persisting annual savings |
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| | SB2408 Enrolled | - 594 - | LRB102 11366 BMS 16699 b |
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1 | | for the year ending December 31, 2032; |
2 | | (16) 0.9% deemed cumulative persisting annual savings |
3 | | for the year ending December 31, 2033; |
4 | | (17) 0.7% deemed cumulative persisting annual savings |
5 | | for the year ending December 31, 2034; |
6 | | (18) 0.5% deemed cumulative persisting annual savings |
7 | | for the year ending December 31, 2035; |
8 | | (19) 0.4% deemed cumulative persisting annual savings |
9 | | for the year ending December 31, 2036; |
10 | | (20) 0.3% deemed cumulative persisting annual savings |
11 | | for the year ending December 31, 2037; |
12 | | (21) 0.2% deemed cumulative persisting annual savings |
13 | | for the year ending December 31, 2038; |
14 | | (22) 0.1% deemed cumulative persisting annual savings |
15 | | for the year ending December 31, 2039; and |
16 | | (23) 0.0% deemed cumulative persisting annual savings |
17 | | for the year ending December 31, 2040 and all subsequent |
18 | | years. |
19 | | (b-15) Beginning in 2018, electric utilities subject to |
20 | | this Section that serve less than 3,000,000 retail customers |
21 | | but more than 500,000 retail customers in the State shall |
22 | | achieve the following cumulative persisting annual savings |
23 | | goals, as modified by subsection (b-20) and subsection (f) of |
24 | | this Section and as compared to the deemed baseline as reduced |
25 | | by the number of MWhs equal to the sum of the annual |
26 | | consumption of customers that have opted out of are exempt |
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| | SB2408 Enrolled | - 595 - | LRB102 11366 BMS 16699 b |
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1 | | from subsections (a) through (j) of this Section under |
2 | | paragraph (1) of subsection (l) of this Section as averaged |
3 | | across the calendar years 2014, 2015, and 2016, through the |
4 | | implementation of energy efficiency measures during the |
5 | | applicable year and in prior years, but no earlier than |
6 | | January 1, 2012: |
7 | | (1) 7.4% cumulative persisting annual savings for the |
8 | | year ending December 31, 2018; |
9 | | (2) 8.2% cumulative persisting annual savings for the |
10 | | year ending December 31, 2019; |
11 | | (3) 9.0% cumulative persisting annual savings for the |
12 | | year ending December 31, 2020; |
13 | | (4) 9.8% cumulative persisting annual savings for the |
14 | | year ending December 31, 2021; |
15 | | (5) 10.6% cumulative persisting annual savings for the |
16 | | year ending December 31, 2022; |
17 | | (6) 11.4% cumulative persisting annual savings for the |
18 | | year ending December 31, 2023; |
19 | | (7) 12.2% cumulative persisting annual savings for the |
20 | | year ending December 31, 2024; |
21 | | (8) 13% cumulative persisting annual savings for the |
22 | | year ending December 31, 2025; |
23 | | (9) 13.6% cumulative persisting annual savings for the |
24 | | year ending December 31, 2026; |
25 | | (10) 14.2% cumulative persisting annual savings for |
26 | | the year ending December 31, 2027; |
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| | SB2408 Enrolled | - 596 - | LRB102 11366 BMS 16699 b |
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1 | | (11) 14.8% cumulative persisting annual savings for |
2 | | the year ending December 31, 2028; |
3 | | (12) 15.4% cumulative persisting annual savings for |
4 | | the year ending December 31, 2029; and |
5 | | (13) 16% cumulative persisting annual savings for the |
6 | | year ending December 31, 2030. |
7 | | No later than December 31, 2021, the Illinois Commerce |
8 | | Commission shall establish additional cumulative persisting |
9 | | annual savings goals for the years 2031 through 2035. No later |
10 | | than December 31, 2024, the Illinois Commerce Commission shall |
11 | | establish additional cumulative persisting annual savings |
12 | | goals for the years 2036 through 2040. The Commission shall |
13 | | also establish additional cumulative persisting annual savings |
14 | | goals every 5 years thereafter to ensure that utilities always |
15 | | have goals that extend at least 11 years into the future. The |
16 | | cumulative persisting annual savings goals beyond the year |
17 | | 2030 shall increase by 0.6 percentage points per year, absent |
18 | | a Commission decision to initiate a proceeding to consider |
19 | | establishing goals that increase by more or less than that |
20 | | amount. Such a proceeding must be conducted in accordance with |
21 | | the procedures described in subsection (f) of this Section. If |
22 | | such a proceeding is initiated, the cumulative persisting |
23 | | annual savings goals established by the Commission through |
24 | | that proceeding shall reflect the Commission's best estimate |
25 | | of the maximum amount of additional savings that are forecast |
26 | | to be cost-effectively achievable unless such best estimates |
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| | SB2408 Enrolled | - 597 - | LRB102 11366 BMS 16699 b |
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1 | | would result in goals that represent less than 0.4 percentage |
2 | | point annual increases in total cumulative persisting annual |
3 | | savings. The Commission may only establish goals that |
4 | | represent less than 0.4 percentage point annual increases in |
5 | | cumulative persisting annual savings if it can demonstrate, |
6 | | based on clear and convincing evidence and through independent |
7 | | analysis, that 0.4 percentage point increases are not |
8 | | cost-effectively achievable. The Commission shall inform its |
9 | | decision based on an energy efficiency potential study that |
10 | | conforms to the requirements of this Section. |
11 | | The difference between the cumulative persisting annual |
12 | | savings goal for the applicable calendar year and the |
13 | | cumulative persisting annual savings goal for the immediately |
14 | | preceding calendar year is 0.8% for the period of January 1, |
15 | | 2018 through December 31, 2025 and 0.6% for the period of |
16 | | January 1, 2026 through December 31, 2030. |
17 | | (b-20) Each electric utility subject to this Section may |
18 | | include cost-effective voltage optimization measures in its |
19 | | plans submitted under subsections (f) and (g) of this Section, |
20 | | and the costs incurred by a utility to implement the measures |
21 | | under a Commission-approved plan shall be recovered under the |
22 | | provisions of Article IX or Section 16-108.5 of this Act. For |
23 | | purposes of this Section, the measure life of voltage |
24 | | optimization measures shall be 15 years. The measure life |
25 | | period is independent of the depreciation rate of the voltage |
26 | | optimization assets deployed. Utilities may claim savings from |
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| | SB2408 Enrolled | - 598 - | LRB102 11366 BMS 16699 b |
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1 | | voltage optimization on circuits for more than 15 years if |
2 | | they can demonstrate that they have made additional |
3 | | investments necessary to enable voltage optimization savings |
4 | | to continue beyond 15 years. Such demonstrations must be |
5 | | subject to the review of independent evaluation. |
6 | | Within 270 days after June 1, 2017 (the effective date of |
7 | | Public Act 99-906), an electric utility that serves less than |
8 | | 3,000,000 retail customers but more than 500,000 retail |
9 | | customers in the State shall file a plan with the Commission |
10 | | that identifies the cost-effective voltage optimization |
11 | | investment the electric utility plans to undertake through |
12 | | December 31, 2024. The Commission, after notice and hearing, |
13 | | shall approve or approve with modification the plan within 120 |
14 | | days after the plan's filing and, in the order approving or |
15 | | approving with modification the plan, the Commission shall |
16 | | adjust the applicable cumulative persisting annual savings |
17 | | goals set forth in subsection (b-15) to reflect any amount of |
18 | | cost-effective energy savings approved by the Commission that |
19 | | is greater than or less than the following cumulative |
20 | | persisting annual savings values attributable to voltage |
21 | | optimization for the applicable year: |
22 | | (1) 0.0% of cumulative persisting annual savings for |
23 | | the year ending December 31, 2018; |
24 | | (2) 0.17% of cumulative persisting annual savings for |
25 | | the year ending December 31, 2019; |
26 | | (3) 0.17% of cumulative persisting annual savings for |
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| | SB2408 Enrolled | - 599 - | LRB102 11366 BMS 16699 b |
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1 | | the year ending December 31, 2020; |
2 | | (4) 0.33% of cumulative persisting annual savings for |
3 | | the year ending December 31, 2021; |
4 | | (5) 0.5% of cumulative persisting annual savings for |
5 | | the year ending December 31, 2022; |
6 | | (6) 0.67% of cumulative persisting annual savings for |
7 | | the year ending December 31, 2023; |
8 | | (7) 0.83% of cumulative persisting annual savings for |
9 | | the year ending December 31, 2024; and |
10 | | (8) 1.0% of cumulative persisting annual savings for |
11 | | the year ending December 31, 2025 and all subsequent |
12 | | years . |
13 | | (b-25) In the event an electric utility jointly offers an |
14 | | energy efficiency measure or program with a gas utility under |
15 | | plans approved under this Section and Section 8-104 of this |
16 | | Act, the electric utility may continue offering the program, |
17 | | including the gas energy efficiency measures, in the event the |
18 | | gas utility discontinues funding the program. In that event, |
19 | | the energy savings value associated with such other fuels |
20 | | shall be converted to electric energy savings on an equivalent |
21 | | Btu basis for the premises. However, the electric utility |
22 | | shall prioritize programs for low-income residential customers |
23 | | to the extent practicable. An electric utility may recover the |
24 | | costs of offering the gas energy efficiency measures under |
25 | | this subsection (b-25). |
26 | | For those energy efficiency measures or programs that save |
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| | SB2408 Enrolled | - 600 - | LRB102 11366 BMS 16699 b |
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1 | | both electricity and other fuels but are not jointly offered |
2 | | with a gas utility under plans approved under this Section and |
3 | | Section 8-104 or not offered with an affiliated gas utility |
4 | | under paragraph (6) of subsection (f) of Section 8-104 of this |
5 | | Act, the electric utility may count savings of fuels other |
6 | | than electricity toward the achievement of its annual savings |
7 | | goal, and the energy savings value associated with such other |
8 | | fuels shall be converted to electric energy savings on an |
9 | | equivalent Btu basis at the premises. |
10 | | In no event shall more than 10% of each year's applicable |
11 | | annual total savings requirement incremental goal as defined |
12 | | in paragraph (7.5) (7) of subsection (g) of this Section be met |
13 | | through savings of fuels other than electricity. |
14 | | (b-27) Beginning in 2022, an electric utility may offer |
15 | | and promote measures that electrify space heating, water |
16 | | heating, cooling, drying, cooking, industrial processes, and |
17 | | other building and industrial end uses that would otherwise be |
18 | | served by combustion of fossil fuel at the premises, provided |
19 | | that the electrification measures reduce total energy |
20 | | consumption at the premises. The electric utility may count |
21 | | the reduction in energy consumption at the premises toward |
22 | | achievement of its annual savings goals. The reduction in |
23 | | energy consumption at the premises shall be calculated as the |
24 | | difference between: (A) the reduction in Btu consumption of |
25 | | fossil fuels as a result of electrification, converted to |
26 | | kilowatt-hour equivalents by dividing by 3,412 Btu's per |
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| | SB2408 Enrolled | - 601 - | LRB102 11366 BMS 16699 b |
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1 | | kilowatt hour; and (B) the increase in kilowatt hours of |
2 | | electricity consumption resulting from the displacement of |
3 | | fossil fuel consumption as a result of electrification. An |
4 | | electric utility may recover the costs of offering and |
5 | | promoting electrification measures under this subsection |
6 | | (b-27). |
7 | | In no event shall electrification savings counted toward |
8 | | each year's applicable annual total savings requirement, as |
9 | | defined in paragraph (7.5) of subsection (g) of this Section, |
10 | | be greater than: |
11 | | (1) 5% per year for each year from 2022 through 2025; |
12 | | (2) 10% per year for each year from 2026 through 2029; |
13 | | and |
14 | | (3) 15% per year for 2030 and all subsequent years. |
15 | | In addition, a minimum of 25% of all electrification savings |
16 | | counted toward a utility's applicable annual total savings |
17 | | requirement must be from electrification of end uses in |
18 | | low-income housing. The limitations on electrification savings |
19 | | that may be counted toward a utility's annual savings goals |
20 | | are separate from and in addition to the subsection (b-25) |
21 | | limitations governing the counting of the other fuel savings |
22 | | resulting from efficiency measures and programs. |
23 | | As part of the annual informational filing to the |
24 | | Commission that is required under paragraph (9) of subsection |
25 | | (g) of this Section, each utility shall identify the specific |
26 | | electrification measures offered under this subjection (b-27); |
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| | SB2408 Enrolled | - 602 - | LRB102 11366 BMS 16699 b |
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1 | | the quantity of each electrification measure that was |
2 | | installed by its customers; the average total cost, average |
3 | | utility cost, average reduction in fossil fuel consumption, |
4 | | and average increase in electricity consumption associated |
5 | | with each electrification measure; the portion of |
6 | | installations of each electrification measure that were in |
7 | | low-income single-family housing, low-income multifamily |
8 | | housing, non-low-income single-family housing, non-low-income |
9 | | multifamily housing, commercial buildings, and industrial |
10 | | facilities; and the quantity of savings associated with each |
11 | | measure category in each customer category that are being |
12 | | counted toward the utility's applicable annual total savings |
13 | | requirement. Prior to installing an electrification measure, |
14 | | the utility shall provide a customer with an estimate of the |
15 | | impact of the new measure on the customer's average monthly |
16 | | electric bill and total annual energy expenses. |
17 | | (c) Electric utilities shall be responsible for overseeing |
18 | | the design, development, and filing of energy efficiency plans |
19 | | with the Commission and may, as part of that implementation, |
20 | | outsource various aspects of program development and |
21 | | implementation. A minimum of 10%, for electric utilities that |
22 | | serve more than 3,000,000 retail customers in the State, and a |
23 | | minimum of 7%, for electric utilities that serve less than |
24 | | 3,000,000 retail customers but more than 500,000 retail |
25 | | customers in the State, of the utility's entire portfolio |
26 | | funding level for a given year shall be used to procure |
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| | SB2408 Enrolled | - 603 - | LRB102 11366 BMS 16699 b |
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1 | | cost-effective energy efficiency measures from units of local |
2 | | government, municipal corporations, school districts, public |
3 | | housing, and community college districts, provided that a |
4 | | minimum percentage of available funds shall be used to procure |
5 | | energy efficiency from public housing, which percentage shall |
6 | | be equal to public housing's share of public building energy |
7 | | consumption. |
8 | | The utilities shall also implement energy efficiency |
9 | | measures targeted at low-income households, which, for |
10 | | purposes of this Section, shall be defined as households at or |
11 | | below 80% of area median income, and expenditures to implement |
12 | | the measures shall be no less than $40,000,000 $25,000,000 per |
13 | | year for electric utilities that serve more than 3,000,000 |
14 | | retail customers in the State and no less than $13,000,000 |
15 | | $8,350,000 per year for electric utilities that serve less |
16 | | than 3,000,000 retail customers but more than 500,000 retail |
17 | | customers in the State. The ratio of spending on efficiency |
18 | | programs targeted at low-income multifamily buildings to |
19 | | spending on efficiency programs targeted at low-income |
20 | | single-family buildings shall be designed to achieve levels of |
21 | | savings from each building type that are approximately |
22 | | proportional to the magnitude of cost-effective lifetime |
23 | | savings potential in each building type. Investment in |
24 | | low-income whole-building weatherization programs shall |
25 | | constitute a minimum of 80% of a utility's total budget |
26 | | specifically dedicated to serving low-income customers. |
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| | SB2408 Enrolled | - 604 - | LRB102 11366 BMS 16699 b |
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1 | | The utilities shall work to bundle low-income energy |
2 | | efficiency offerings with other programs that serve low-income |
3 | | households to maximize the benefits going to these households. |
4 | | The utilities shall market and implement low-income energy |
5 | | efficiency programs in coordination with low-income assistance |
6 | | programs, the Illinois Solar for All Program, and |
7 | | weatherization whenever practicable. The program implementer |
8 | | shall walk the customer through the enrollment process for any |
9 | | programs for which the customer is eligible. The utilities |
10 | | shall also pilot targeting customers with high arrearages, |
11 | | high energy intensity (ratio of energy usage divided by home |
12 | | or unit square footage), or energy assistance programs with |
13 | | energy efficiency offerings, and then track reduction in |
14 | | arrearages as a result of the targeting. This targeting and |
15 | | bundling of low-income energy programs shall be offered to |
16 | | both low-income single-family and multifamily customers |
17 | | (owners and residents). |
18 | | The utilities shall invest in health and safety measures |
19 | | appropriate and necessary for comprehensively weatherizing a |
20 | | home or multifamily building, and shall implement a health and |
21 | | safety fund of at least 15% of the total income-qualified |
22 | | weatherization budget that shall be used for the purpose of |
23 | | making grants for technical assistance, construction, |
24 | | reconstruction, improvement, or repair of buildings to |
25 | | facilitate their participation in the energy efficiency |
26 | | programs targeted at low-income single-family and multifamily |
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1 | | households. These funds may also be used for the purpose of |
2 | | making grants for technical assistance, construction, |
3 | | reconstruction, improvement, or repair of the following |
4 | | buildings to facilitate their participation in the energy |
5 | | efficiency programs created by this Section: (1) buildings |
6 | | that are owned or operated by registered 501(c)(3) public |
7 | | charities; and (2) day care centers, day care homes, or group |
8 | | day care homes, as defined under 89 Ill. Adm. Code Part 406, |
9 | | 407, or 408, respectively. |
10 | | Each electric utility shall assess opportunities to |
11 | | implement cost-effective energy efficiency measures and |
12 | | programs through a public housing authority or authorities |
13 | | located in its service territory. If such opportunities are |
14 | | identified, the utility shall propose such measures and |
15 | | programs to address the opportunities. Expenditures to address |
16 | | such opportunities shall be credited toward the minimum |
17 | | procurement and expenditure requirements set forth in this |
18 | | subsection (c). |
19 | | Implementation of energy efficiency measures and programs |
20 | | targeted at low-income households should be contracted, when |
21 | | it is practicable, to independent third parties that have |
22 | | demonstrated capabilities to serve such households, with a |
23 | | preference for not-for-profit entities and government agencies |
24 | | that have existing relationships with or experience serving |
25 | | low-income communities in the State. |
26 | | Each electric utility shall develop and implement |
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1 | | reporting procedures that address and assist in determining |
2 | | the amount of energy savings that can be applied to the |
3 | | low-income procurement and expenditure requirements set forth |
4 | | in this subsection (c). Each electric utility shall also track |
5 | | the types and quantities or volumes of insulation and air |
6 | | sealing materials, and their associated energy saving |
7 | | benefits, installed in energy efficiency programs targeted at |
8 | | low-income single-family and multifamily households. |
9 | | The electric utilities shall participate in also convene a |
10 | | low-income energy efficiency accountability advisory committee |
11 | | ("the committee"), which will directly inform to assist in the |
12 | | design , implementation, and evaluation of the low-income and |
13 | | public-housing energy efficiency programs. The committee shall |
14 | | be comprised of the electric utilities subject to the |
15 | | requirements of this Section, the gas utilities subject to the |
16 | | requirements of Section 8-104 of this Act, the utilities' |
17 | | low-income energy efficiency implementation contractors, |
18 | | nonprofit organizations, community action agencies, advocacy |
19 | | groups, State and local governmental agencies, public-housing |
20 | | organizations, and representatives of community-based |
21 | | organizations , especially those living in or working with |
22 | | environmental justice communities and BIPOC communities. The |
23 | | committee shall be composed of 2 geographically differentiated |
24 | | subcommittees: one for stakeholders in northern Illinois and |
25 | | one for stakeholders in central and southern Illinois. The |
26 | | subcommittees shall meet together at least twice per year . |
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| | SB2408 Enrolled | - 607 - | LRB102 11366 BMS 16699 b |
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1 | | There shall be one statewide leadership committee led by |
2 | | and composed of community-based organizations that are |
3 | | representative of BIPOC and environmental justice communities |
4 | | and that includes equitable representation from BIPOC |
5 | | communities. The leadership committee shall be composed of an |
6 | | equal number of representatives from the 2 subcommittees. The |
7 | | subcommittees shall address specific programs and issues, with |
8 | | the leadership committee convening targeted workgroups as |
9 | | needed. The leadership committee may elect to work with an |
10 | | independent facilitator to solicit and organize feedback, |
11 | | recommendations and meeting participation from a wide variety |
12 | | of community-based stakeholders. If a facilitator is used, |
13 | | they shall be fair and responsive to the needs of all |
14 | | stakeholders involved in the committee. |
15 | | All committee meetings must be accessible, with rotating |
16 | | locations if meetings are held in-person, virtual |
17 | | participation options, and materials and agendas circulated in |
18 | | advance. |
19 | | There shall also be opportunities for direct input by |
20 | | committee members outside of committee meetings, such as via |
21 | | individual meetings, surveys, emails and calls, to ensure |
22 | | robust participation by stakeholders with limited capacity and |
23 | | ability to attend committee meetings. Committee meetings shall |
24 | | emphasize opportunities to bundle and coordinate delivery of |
25 | | low-income energy efficiency with other programs that serve |
26 | | low-income communities, such as the Illinois Solar for All |
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1 | | Program and bill payment assistance programs. Meetings shall |
2 | | include educational opportunities for stakeholders to learn |
3 | | more about these additional offerings, and the committee shall |
4 | | assist in figuring out the best methods for coordinated |
5 | | delivery and implementation of offerings when serving |
6 | | low-income communities. The committee shall directly and |
7 | | equitably influence and inform utility low-income and |
8 | | public-housing energy efficiency programs and priorities. |
9 | | Participating utilities shall implement recommendations from |
10 | | the committee whenever possible. |
11 | | Participating utilities shall track and report how input |
12 | | from the committee has led to new approaches and changes in |
13 | | their energy efficiency portfolios. This reporting shall occur |
14 | | at committee meetings and in quarterly energy efficiency |
15 | | reports to the Stakeholder Advisory Group and Illinois |
16 | | Commerce Commission, and other relevant reporting mechanisms. |
17 | | Participating utilities shall also report on relevant equity |
18 | | data and metrics requested by the committee, such as energy |
19 | | burden data, geographic, racial, and other relevant |
20 | | demographic data on where programs are being delivered and |
21 | | what populations programs are serving. |
22 | | The Illinois Commerce Commission shall oversee and have |
23 | | relevant staff participate in the committee. The committee |
24 | | shall have a budget of 0.25% of each utility's entire |
25 | | efficiency portfolio funding for a given year. The budget |
26 | | shall be overseen by the Commission. The budget shall be used |
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1 | | to provide grants for community-based organizations serving on |
2 | | the leadership committee, stipends for community-based |
3 | | organizations participating in the committee, grants for |
4 | | community-based organizations to do energy efficiency outreach |
5 | | and education, and relevant meeting needs as determined by the |
6 | | leadership committee. The education and outreach shall |
7 | | include, but is not limited to, basic energy efficiency |
8 | | education, information about low-income energy efficiency |
9 | | programs, and information on the committee's purpose, |
10 | | structure, and activities. |
11 | | (d) Notwithstanding any other provision of law to the |
12 | | contrary, a utility providing approved energy efficiency |
13 | | measures and, if applicable, demand-response measures in the |
14 | | State shall be permitted to recover all reasonable and |
15 | | prudently incurred costs of those measures from all retail |
16 | | customers, except as provided in subsection (l) of this |
17 | | Section, as follows, provided that nothing in this subsection |
18 | | (d) permits the double recovery of such costs from customers: |
19 | | (1) The utility may recover its costs through an |
20 | | automatic adjustment clause tariff filed with and approved |
21 | | by the Commission. The tariff shall be established outside |
22 | | the context of a general rate case. Each year the |
23 | | Commission shall initiate a review to reconcile any |
24 | | amounts collected with the actual costs and to determine |
25 | | the required adjustment to the annual tariff factor to |
26 | | match annual expenditures. To enable the financing of the |
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| | SB2408 Enrolled | - 610 - | LRB102 11366 BMS 16699 b |
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1 | | incremental capital expenditures, including regulatory |
2 | | assets, for electric utilities that serve less than |
3 | | 3,000,000 retail customers but more than 500,000 retail |
4 | | customers in the State, the utility's actual year-end |
5 | | capital structure that includes a common equity ratio, |
6 | | excluding goodwill, of up to and including 50% of the |
7 | | total capital structure shall be deemed reasonable and |
8 | | used to set rates. |
9 | | (2) A utility may recover its costs through an energy |
10 | | efficiency formula rate approved by the Commission under a |
11 | | filing under subsections (f) and (g) of this Section, |
12 | | which shall specify the cost components that form the |
13 | | basis of the rate charged to customers with sufficient |
14 | | specificity to operate in a standardized manner and be |
15 | | updated annually with transparent information that |
16 | | reflects the utility's actual costs to be recovered during |
17 | | the applicable rate year, which is the period beginning |
18 | | with the first billing day of January and extending |
19 | | through the last billing day of the following December. |
20 | | The energy efficiency formula rate shall be implemented |
21 | | through a tariff filed with the Commission under |
22 | | subsections (f) and (g) of this Section that is consistent |
23 | | with the provisions of this paragraph (2) and that shall |
24 | | be applicable to all delivery services customers. The |
25 | | Commission shall conduct an investigation of the tariff in |
26 | | a manner consistent with the provisions of this paragraph |
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| | SB2408 Enrolled | - 611 - | LRB102 11366 BMS 16699 b |
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1 | | (2), subsections (f) and (g) of this Section, and the |
2 | | provisions of Article IX of this Act to the extent they do |
3 | | not conflict with this paragraph (2). The energy |
4 | | efficiency formula rate approved by the Commission shall |
5 | | remain in effect at the discretion of the utility and |
6 | | shall do the following: |
7 | | (A) Provide for the recovery of the utility's |
8 | | actual costs incurred under this Section that are |
9 | | prudently incurred and reasonable in amount consistent |
10 | | with Commission practice and law. The sole fact that a |
11 | | cost differs from that incurred in a prior calendar |
12 | | year or that an investment is different from that made |
13 | | in a prior calendar year shall not imply the |
14 | | imprudence or unreasonableness of that cost or |
15 | | investment. |
16 | | (B) Reflect the utility's actual year-end capital |
17 | | structure for the applicable calendar year, excluding |
18 | | goodwill, subject to a determination of prudence and |
19 | | reasonableness consistent with Commission practice and |
20 | | law. To enable the financing of the incremental |
21 | | capital expenditures, including regulatory assets, for |
22 | | electric utilities that serve less than 3,000,000 |
23 | | retail customers but more than 500,000 retail |
24 | | customers in the State, a participating electric |
25 | | utility's actual year-end capital structure that |
26 | | includes a common equity ratio, excluding goodwill, of |
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| | SB2408 Enrolled | - 612 - | LRB102 11366 BMS 16699 b |
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1 | | up to and including 50% of the total capital structure |
2 | | shall be deemed reasonable and used to set rates. |
3 | | (C) Include a cost of equity, which shall be |
4 | | calculated as the sum of the following: |
5 | | (i) the average for the applicable calendar |
6 | | year of the monthly average yields of 30-year U.S. |
7 | | Treasury bonds published by the Board of Governors |
8 | | of the Federal Reserve System in its weekly H.15 |
9 | | Statistical Release or successor publication; and |
10 | | (ii) 580 basis points. |
11 | | At such time as the Board of Governors of the |
12 | | Federal Reserve System ceases to include the monthly |
13 | | average yields of 30-year U.S. Treasury bonds in its |
14 | | weekly H.15 Statistical Release or successor |
15 | | publication, the monthly average yields of the U.S. |
16 | | Treasury bonds then having the longest duration |
17 | | published by the Board of Governors in its weekly H.15 |
18 | | Statistical Release or successor publication shall |
19 | | instead be used for purposes of this paragraph (2). |
20 | | (D) Permit and set forth protocols, subject to a |
21 | | determination of prudence and reasonableness |
22 | | consistent with Commission practice and law, for the |
23 | | following: |
24 | | (i) recovery of incentive compensation expense |
25 | | that is based on the achievement of operational |
26 | | metrics, including metrics related to budget |
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| | SB2408 Enrolled | - 613 - | LRB102 11366 BMS 16699 b |
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1 | | controls, outage duration and frequency, safety, |
2 | | customer service, efficiency and productivity, and |
3 | | environmental compliance; however, this protocol |
4 | | shall not apply if such expense related to costs |
5 | | incurred under this Section is recovered under |
6 | | Article IX or Section 16-108.5 of this Act; |
7 | | incentive compensation expense that is based on |
8 | | net income or an affiliate's earnings per share |
9 | | shall not be recoverable under the
energy |
10 | | efficiency formula rate; |
11 | | (ii) recovery of pension and other |
12 | | post-employment benefits expense, provided that |
13 | | such costs are supported by an actuarial study; |
14 | | however, this protocol shall not apply if such |
15 | | expense related to costs incurred under this |
16 | | Section is recovered under Article IX or Section |
17 | | 16-108.5 of this Act; |
18 | | (iii) recovery of existing regulatory assets |
19 | | over the periods previously authorized by the |
20 | | Commission; |
21 | | (iv) as described in subsection (e), |
22 | | amortization of costs incurred under this Section; |
23 | | and |
24 | | (v) projected, weather normalized billing |
25 | | determinants for the applicable rate year. |
26 | | (E) Provide for an annual reconciliation, as |
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| | SB2408 Enrolled | - 614 - | LRB102 11366 BMS 16699 b |
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1 | | described in paragraph (3) of this subsection (d), |
2 | | less any deferred taxes related to the reconciliation, |
3 | | with interest at an annual rate of return equal to the |
4 | | utility's weighted average cost of capital, including |
5 | | a revenue conversion factor calculated to recover or |
6 | | refund all additional income taxes that may be payable |
7 | | or receivable as a result of that return, of the energy |
8 | | efficiency revenue requirement reflected in rates for |
9 | | each calendar year, beginning with the calendar year |
10 | | in which the utility files its energy efficiency |
11 | | formula rate tariff under this paragraph (2), with |
12 | | what the revenue requirement would have been had the |
13 | | actual cost information for the applicable calendar |
14 | | year been available at the filing date. |
15 | | The utility shall file, together with its tariff, the |
16 | | projected costs to be incurred by the utility during the |
17 | | rate year under the utility's multi-year plan approved |
18 | | under subsections (f) and (g) of this Section, including, |
19 | | but not limited to, the projected capital investment costs |
20 | | and projected regulatory asset balances with |
21 | | correspondingly updated depreciation and amortization |
22 | | reserves and expense, that shall populate the energy |
23 | | efficiency formula rate and set the initial rates under |
24 | | the formula. |
25 | | The Commission shall review the proposed tariff in |
26 | | conjunction with its review of a proposed multi-year plan, |
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| | SB2408 Enrolled | - 615 - | LRB102 11366 BMS 16699 b |
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1 | | as specified in paragraph (5) of subsection (g) of this |
2 | | Section. The review shall be based on the same evidentiary |
3 | | standards, including, but not limited to, those concerning |
4 | | the prudence and reasonableness of the costs incurred by |
5 | | the utility, the Commission applies in a hearing to review |
6 | | a filing for a general increase in rates under Article IX |
7 | | of this Act. The initial rates shall take effect beginning |
8 | | with the January monthly billing period following the |
9 | | Commission's approval. |
10 | | The tariff's rate design and cost allocation across |
11 | | customer classes shall be consistent with the utility's |
12 | | automatic adjustment clause tariff in effect on June 1, |
13 | | 2017 (the effective date of Public Act 99-906); however, |
14 | | the Commission may revise the tariff's rate design and |
15 | | cost allocation in subsequent proceedings under paragraph |
16 | | (3) of this subsection (d). |
17 | | If the energy efficiency formula rate is terminated, |
18 | | the then current rates shall remain in effect until such |
19 | | time as the energy efficiency costs are incorporated into |
20 | | new rates that are set under this subsection (d) or |
21 | | Article IX of this Act, subject to retroactive rate |
22 | | adjustment, with interest, to reconcile rates charged with |
23 | | actual costs. |
24 | | (3) The provisions of this paragraph (3) shall only |
25 | | apply to an electric utility that has elected to file an |
26 | | energy efficiency formula rate under paragraph (2) of this |
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| | SB2408 Enrolled | - 616 - | LRB102 11366 BMS 16699 b |
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1 | | subsection (d). Subsequent to the Commission's issuance of |
2 | | an order approving the utility's energy efficiency formula |
3 | | rate structure and protocols, and initial rates under |
4 | | paragraph (2) of this subsection (d), the utility shall |
5 | | file, on or before June 1 of each year, with the Chief |
6 | | Clerk of the Commission its updated cost inputs to the |
7 | | energy efficiency formula rate for the applicable rate |
8 | | year and the corresponding new charges, as well as the |
9 | | information described in paragraph (9) of subsection (g) |
10 | | of this Section. Each such filing shall conform to the |
11 | | following requirements and include the following |
12 | | information: |
13 | | (A) The inputs to the energy efficiency formula |
14 | | rate for the applicable rate year shall be based on the |
15 | | projected costs to be incurred by the utility during |
16 | | the rate year under the utility's multi-year plan |
17 | | approved under subsections (f) and (g) of this |
18 | | Section, including, but not limited to, projected |
19 | | capital investment costs and projected regulatory |
20 | | asset balances with correspondingly updated |
21 | | depreciation and amortization reserves and expense. |
22 | | The filing shall also include a reconciliation of the |
23 | | energy efficiency revenue requirement that was in |
24 | | effect for the prior rate year (as set by the cost |
25 | | inputs for the prior rate year) with the actual |
26 | | revenue requirement for the prior rate year |
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| | SB2408 Enrolled | - 617 - | LRB102 11366 BMS 16699 b |
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1 | | (determined using a year-end rate base) that uses |
2 | | amounts reflected in the applicable FERC Form 1 that |
3 | | reports the actual costs for the prior rate year. Any |
4 | | over-collection or under-collection indicated by such |
5 | | reconciliation shall be reflected as a credit against, |
6 | | or recovered as an additional charge to, respectively, |
7 | | with interest calculated at a rate equal to the |
8 | | utility's weighted average cost of capital approved by |
9 | | the Commission for the prior rate year, the charges |
10 | | for the applicable rate year. Such over-collection or |
11 | | under-collection shall be adjusted to remove any |
12 | | deferred taxes related to the reconciliation, for |
13 | | purposes of calculating interest at an annual rate of |
14 | | return equal to the utility's weighted average cost of |
15 | | capital approved by the Commission for the prior rate |
16 | | year, including a revenue conversion factor calculated |
17 | | to recover or refund all additional income taxes that |
18 | | may be payable or receivable as a result of that |
19 | | return. Each reconciliation shall be certified by the |
20 | | participating utility in the same manner that FERC |
21 | | Form 1 is certified. The filing shall also include the |
22 | | charge or credit, if any, resulting from the |
23 | | calculation required by subparagraph (E) of paragraph |
24 | | (2) of this subsection (d). |
25 | | Notwithstanding any other provision of law to the |
26 | | contrary, the intent of the reconciliation is to |
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| | SB2408 Enrolled | - 618 - | LRB102 11366 BMS 16699 b |
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1 | | ultimately reconcile both the revenue requirement |
2 | | reflected in rates for each calendar year, beginning |
3 | | with the calendar year in which the utility files its |
4 | | energy efficiency formula rate tariff under paragraph |
5 | | (2) of this subsection (d), with what the revenue |
6 | | requirement determined using a year-end rate base for |
7 | | the applicable calendar year would have been had the |
8 | | actual cost information for the applicable calendar |
9 | | year been available at the filing date. |
10 | | For purposes of this Section, "FERC Form 1" means |
11 | | the Annual Report of Major Electric Utilities, |
12 | | Licensees and Others that electric utilities are |
13 | | required to file with the Federal Energy Regulatory |
14 | | Commission under the Federal Power Act, Sections 3, |
15 | | 4(a), 304 and 209, modified as necessary to be |
16 | | consistent with 83 Ill. Admin. Code Part 415 as of May |
17 | | 1, 2011. Nothing in this Section is intended to allow |
18 | | costs that are not otherwise recoverable to be |
19 | | recoverable by virtue of inclusion in FERC Form 1. |
20 | | (B) The new charges shall take effect beginning on |
21 | | the first billing day of the following January billing |
22 | | period and remain in effect through the last billing |
23 | | day of the next December billing period regardless of |
24 | | whether the Commission enters upon a hearing under |
25 | | this paragraph (3). |
26 | | (C) The filing shall include relevant and |
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| | SB2408 Enrolled | - 619 - | LRB102 11366 BMS 16699 b |
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1 | | necessary data and documentation for the applicable |
2 | | rate year. Normalization adjustments shall not be |
3 | | required. |
4 | | Within 45 days after the utility files its annual |
5 | | update of cost inputs to the energy efficiency formula |
6 | | rate, the Commission shall with reasonable notice, |
7 | | initiate a proceeding concerning whether the projected |
8 | | costs to be incurred by the utility and recovered during |
9 | | the applicable rate year, and that are reflected in the |
10 | | inputs to the energy efficiency formula rate, are |
11 | | consistent with the utility's approved multi-year plan |
12 | | under subsections (f) and (g) of this Section and whether |
13 | | the costs incurred by the utility during the prior rate |
14 | | year were prudent and reasonable. The Commission shall |
15 | | also have the authority to investigate the information and |
16 | | data described in paragraph (9) of subsection (g) of this |
17 | | Section, including the proposed adjustment to the |
18 | | utility's return on equity component of its weighted |
19 | | average cost of capital. During the course of the |
20 | | proceeding, each objection shall be stated with |
21 | | particularity and evidence provided in support thereof, |
22 | | after which the utility shall have the opportunity to |
23 | | rebut the evidence. Discovery shall be allowed consistent |
24 | | with the Commission's Rules of Practice, which Rules of |
25 | | Practice shall be enforced by the Commission or the |
26 | | assigned administrative law judge. The Commission shall |
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| | SB2408 Enrolled | - 620 - | LRB102 11366 BMS 16699 b |
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1 | | apply the same evidentiary standards, including, but not |
2 | | limited to, those concerning the prudence and |
3 | | reasonableness of the costs incurred by the utility, |
4 | | during the proceeding as it would apply in a proceeding to |
5 | | review a filing for a general increase in rates under |
6 | | Article IX of this Act. The Commission shall not, however, |
7 | | have the authority in a proceeding under this paragraph |
8 | | (3) to consider or order any changes to the structure or |
9 | | protocols of the energy efficiency formula rate approved |
10 | | under paragraph (2) of this subsection (d). In a |
11 | | proceeding under this paragraph (3), the Commission shall |
12 | | enter its order no later than the earlier of 195 days after |
13 | | the utility's filing of its annual update of cost inputs |
14 | | to the energy efficiency formula rate or December 15. The |
15 | | utility's proposed return on equity calculation, as |
16 | | described in paragraphs (7) through (9) of subsection (g) |
17 | | of this Section, shall be deemed the final, approved |
18 | | calculation on December 15 of the year in which it is filed |
19 | | unless the Commission enters an order on or before |
20 | | December 15, after notice and hearing, that modifies such |
21 | | calculation consistent with this Section. The Commission's |
22 | | determinations of the prudence and reasonableness of the |
23 | | costs incurred, and determination of such return on equity |
24 | | calculation, for the applicable calendar year shall be |
25 | | final upon entry of the Commission's order and shall not |
26 | | be subject to reopening, reexamination, or collateral |
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| | SB2408 Enrolled | - 621 - | LRB102 11366 BMS 16699 b |
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1 | | attack in any other Commission proceeding, case, docket, |
2 | | order, rule, or regulation; however, nothing in this |
3 | | paragraph (3) shall prohibit a party from petitioning the |
4 | | Commission to rehear or appeal to the courts the order |
5 | | under the provisions of this Act. |
6 | | (e)
Beginning on June 1, 2017 (the effective date of |
7 | | Public Act 99-906), a utility subject to the requirements of |
8 | | this Section may elect to defer, as a regulatory asset, up to |
9 | | the full amount of its expenditures incurred under this |
10 | | Section for each annual period, including, but not limited to, |
11 | | any expenditures incurred above the funding level set by |
12 | | subsection (f) of this Section for a given year. The total |
13 | | expenditures deferred as a regulatory asset in a given year |
14 | | shall be amortized and recovered over a period that is equal to |
15 | | the weighted average of the energy efficiency measure lives |
16 | | implemented for that year that are reflected in the regulatory |
17 | | asset. The unamortized balance shall be recognized as of |
18 | | December 31 for a given year. The utility shall also earn a |
19 | | return on the total of the unamortized balances of all of the |
20 | | energy efficiency regulatory assets, less any deferred taxes |
21 | | related to those unamortized balances, at an annual rate equal |
22 | | to the utility's weighted average cost of capital that |
23 | | includes, based on a year-end capital structure, the utility's |
24 | | actual cost of debt for the applicable calendar year and a cost |
25 | | of equity, which shall be calculated as the sum of the (i) the |
26 | | average for the applicable calendar year of the monthly |
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| | SB2408 Enrolled | - 622 - | LRB102 11366 BMS 16699 b |
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1 | | average yields of 30-year U.S. Treasury bonds published by the |
2 | | Board of Governors of the Federal Reserve System in its weekly |
3 | | H.15 Statistical Release or successor publication; and (ii) |
4 | | 580 basis points, including a revenue conversion factor |
5 | | calculated to recover or refund all additional income taxes |
6 | | that may be payable or receivable as a result of that return. |
7 | | Capital investment costs shall be depreciated and recovered |
8 | | over their useful lives consistent with generally accepted |
9 | | accounting principles. The weighted average cost of capital |
10 | | shall be applied to the capital investment cost balance, less |
11 | | any accumulated depreciation and accumulated deferred income |
12 | | taxes, as of December 31 for a given year. |
13 | | When an electric utility creates a regulatory asset under |
14 | | the provisions of this Section, the costs are recovered over a |
15 | | period during which customers also receive a benefit which is |
16 | | in the public interest. Accordingly, it is the intent of the |
17 | | General Assembly that an electric utility that elects to |
18 | | create a regulatory asset under the provisions of this Section |
19 | | shall recover all of the associated costs as set forth in this |
20 | | Section. After the Commission has approved the prudence and |
21 | | reasonableness of the costs that comprise the regulatory |
22 | | asset, the electric utility shall be permitted to recover all |
23 | | such costs, and the value and recoverability through rates of |
24 | | the associated regulatory asset shall not be limited, altered, |
25 | | impaired, or reduced. |
26 | | (f) Beginning in 2017, each electric utility shall file an |
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| | SB2408 Enrolled | - 623 - | LRB102 11366 BMS 16699 b |
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1 | | energy efficiency plan with the Commission to meet the energy |
2 | | efficiency standards for the next applicable multi-year period |
3 | | beginning January 1 of the year following the filing, |
4 | | according to the schedule set forth in paragraphs (1) through |
5 | | (3) of this subsection (f). If a utility does not file such a |
6 | | plan on or before the applicable filing deadline for the plan, |
7 | | it shall face a penalty of $100,000 per day until the plan is |
8 | | filed. |
9 | | (1) No later than 30 days after June 1, 2017 (the |
10 | | effective date of Public Act 99-906), each electric |
11 | | utility shall file a 4-year energy efficiency plan |
12 | | commencing on January 1, 2018 that is designed to achieve |
13 | | the cumulative persisting annual savings goals specified |
14 | | in paragraphs (1) through (4) of subsection (b-5) of this |
15 | | Section or in paragraphs (1) through (4) of subsection |
16 | | (b-15) of this Section, as applicable, through |
17 | | implementation of energy efficiency measures; however, the |
18 | | goals may be reduced if the utility's expenditures are |
19 | | limited pursuant to subsection (m) of this Section or, for |
20 | | a utility that serves less than 3,000,000 retail |
21 | | customers, if each of the following conditions are met: |
22 | | (A) the plan's analysis and forecasts of the utility's |
23 | | ability to acquire energy savings demonstrate that |
24 | | achievement of such goals is not cost effective; and (B) |
25 | | the amount of energy savings achieved by the utility as |
26 | | determined by the independent evaluator for the most |
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| | SB2408 Enrolled | - 624 - | LRB102 11366 BMS 16699 b |
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1 | | recent year for which savings have been evaluated |
2 | | preceding the plan filing was less than the average annual |
3 | | amount of savings required to achieve the goals for the |
4 | | applicable 4-year plan period. Except as provided in |
5 | | subsection (m) of this Section, annual increases in |
6 | | cumulative persisting annual savings goals during the |
7 | | applicable 4-year plan period shall not be reduced to |
8 | | amounts that are less than the maximum amount of |
9 | | cumulative persisting annual savings that is forecast to |
10 | | be cost-effectively achievable during the 4-year plan |
11 | | period. The Commission shall review any proposed goal |
12 | | reduction as part of its review and approval of the |
13 | | utility's proposed plan. |
14 | | (2) No later than March 1, 2021, each electric utility |
15 | | shall file a 4-year energy efficiency plan commencing on |
16 | | January 1, 2022 that is designed to achieve the cumulative |
17 | | persisting annual savings goals specified in paragraphs |
18 | | (5) through (8) of subsection (b-5) of this Section or in |
19 | | paragraphs (5) through (8) of subsection (b-15) of this |
20 | | Section, as applicable, through implementation of energy |
21 | | efficiency measures; however, the goals may be reduced if |
22 | | either (1) clear and convincing evidence demonstrates, |
23 | | through independent analysis, that the expenditure limits
|
24 | | in subsection (m) of this Section preclude full |
25 | | achievement of the goals or (2) the utility's expenditures |
26 | | are limited pursuant to subsection (m) of this Section or, |
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| | SB2408 Enrolled | - 625 - | LRB102 11366 BMS 16699 b |
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1 | | each of the following conditions are met: (A) the plan's |
2 | | analysis and forecasts of the utility's ability to acquire |
3 | | energy savings demonstrate by clear and convincing |
4 | | evidence and through independent analysis that achievement |
5 | | of such goals is not cost effective; and (B) the amount of |
6 | | energy savings achieved by the utility as determined by |
7 | | the independent evaluator for the most recent year for |
8 | | which savings have been evaluated preceding the plan |
9 | | filing was less than the average annual amount of savings |
10 | | required to achieve the goals for the applicable 4-year |
11 | | plan period. If there is not clear and convincing evidence |
12 | | that achieving the savings goals specified in paragraph |
13 | | (b-5) or (b-15) of this Section is possible both |
14 | | cost-effectively and within the expenditure limits in |
15 | | subsection (m), such savings goals shall not be reduced. |
16 | | Except as provided in subsection (m) of this Section, |
17 | | annual increases in cumulative persisting annual savings |
18 | | goals during the applicable 4-year plan period shall not |
19 | | be reduced to amounts that are less than the maximum |
20 | | amount of cumulative persisting annual savings that is |
21 | | forecast to be cost-effectively achievable during the |
22 | | 4-year plan period. The Commission shall review any |
23 | | proposed goal reduction as part of its review and approval |
24 | | of the utility's proposed plan. |
25 | | (3) No later than March 1, 2025, each electric utility |
26 | | shall file a 4-year 5-year energy efficiency plan |
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| | SB2408 Enrolled | - 626 - | LRB102 11366 BMS 16699 b |
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1 | | commencing on January 1, 2026 that is designed to achieve |
2 | | the cumulative persisting annual savings goals specified |
3 | | in paragraphs (9) through (12) (13) of subsection (b-5) of |
4 | | this Section or in paragraphs (9) through (12) (13) of |
5 | | subsection (b-15) of this Section, as applicable, through |
6 | | implementation of energy efficiency measures; however, the |
7 | | goals may be reduced if either (1) clear and convincing |
8 | | evidence demonstrates, through independent analysis, that |
9 | | the expenditure limits in subsection (m) of this Section |
10 | | preclude full achievement of the goals or (2) the |
11 | | utility's expenditures are limited pursuant to subsection |
12 | | (m) of this Section or, each of the following conditions |
13 | | are met: (A) the plan's analysis and forecasts of the |
14 | | utility's ability to acquire energy savings demonstrate by |
15 | | clear and convincing evidence and through independent |
16 | | analysis that achievement of such goals is not cost |
17 | | effective; and (B) the amount of energy savings achieved |
18 | | by the utility as determined by the independent evaluator |
19 | | for the most recent year for which savings have been |
20 | | evaluated preceding the plan filing was less than the |
21 | | average annual amount of savings required to achieve the |
22 | | goals for the applicable 4-year 5-year plan period. If |
23 | | there is not clear and convincing evidence that achieving |
24 | | the savings goals specified in paragraphs (b-5) or (b-15) |
25 | | of this Section is possible both cost-effectively and |
26 | | within the expenditure limits in subsection (m), such |
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| | SB2408 Enrolled | - 627 - | LRB102 11366 BMS 16699 b |
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1 | | savings goals shall not be reduced. Except as provided in |
2 | | subsection (m) of this Section, annual increases in |
3 | | cumulative persisting annual savings goals during the |
4 | | applicable 4-year 5-year plan period shall not be reduced |
5 | | to amounts that are less than the maximum amount of |
6 | | cumulative persisting annual savings that is forecast to |
7 | | be cost-effectively achievable during the 4-year 5-year |
8 | | plan period. The Commission shall review any proposed goal |
9 | | reduction as part of its review and approval of the |
10 | | utility's proposed plan. |
11 | | (4) No later than March 1, 2029, and every 4 years |
12 | | thereafter, each electric utility shall file a 4-year |
13 | | energy efficiency plan commencing on January 1, 2030, and |
14 | | every 4 years thereafter, respectively, that is designed |
15 | | to achieve the cumulative persisting annual savings goals |
16 | | established by the Illinois Commerce Commission pursuant |
17 | | to direction of subsections (b-5) and (b-15) of this |
18 | | Section, as applicable, through implementation of energy |
19 | | efficiency measures; however, the goals may be reduced if |
20 | | either (1) clear and convincing evidence and independent |
21 | | analysis demonstrates that the expenditure limits in |
22 | | subsection (m) of this Section preclude full achievement |
23 | | of the goals or (2) each of the following conditions are |
24 | | met: (A) the plan's analysis and forecasts of the |
25 | | utility's ability to acquire energy savings demonstrate by |
26 | | clear and convincing evidence and through independent |
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| | SB2408 Enrolled | - 628 - | LRB102 11366 BMS 16699 b |
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1 | | analysis that achievement of such goals is not |
2 | | cost-effective; and (B) the amount of energy savings |
3 | | achieved by the utility as determined by the independent |
4 | | evaluator for the most recent year for which savings have |
5 | | been evaluated preceding the plan filing was less than the |
6 | | average annual amount of savings required to achieve the |
7 | | goals for the applicable 4-year plan period. If there is |
8 | | not clear and convincing evidence that achieving the |
9 | | savings goals specified in paragraphs (b-5) or (b-15) of |
10 | | this Section is possible both cost-effectively and within |
11 | | the expenditure limits in subsection (m), such savings |
12 | | goals shall not be reduced. Except as provided in |
13 | | subsection (m) of this Section, annual increases in |
14 | | cumulative persisting annual savings goals during the |
15 | | applicable 4-year plan period shall not be reduced to |
16 | | amounts that are less than the maximum amount of |
17 | | cumulative persisting annual savings that is forecast to |
18 | | be cost-effectively achievable during the 4-year plan |
19 | | period. The Commission shall review any proposed goal |
20 | | reduction as part of its review and approval of the |
21 | | utility's proposed plan. |
22 | | Each utility's plan shall set forth the utility's |
23 | | proposals to meet the energy efficiency standards identified |
24 | | in subsection (b-5) or (b-15), as applicable and as such |
25 | | standards may have been modified under this subsection (f), |
26 | | taking into account the unique circumstances of the utility's |
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| | SB2408 Enrolled | - 629 - | LRB102 11366 BMS 16699 b |
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1 | | service territory. For those plans commencing on January 1, |
2 | | 2018, the Commission shall seek public comment on the |
3 | | utility's plan and shall issue an order approving or |
4 | | disapproving each plan no later than 105 days after June 1, |
5 | | 2017 (the effective date of Public Act 99-906). For those |
6 | | plans commencing after December 31, 2021, the Commission shall |
7 | | seek public comment on the utility's plan and shall issue an |
8 | | order approving or disapproving each plan within 6 months |
9 | | after its submission. If the Commission disapproves a plan, |
10 | | the Commission shall, within 30 days, describe in detail the |
11 | | reasons for the disapproval and describe a path by which the |
12 | | utility may file a revised draft of the plan to address the |
13 | | Commission's concerns satisfactorily. If the utility does not |
14 | | refile with the Commission within 60 days, the utility shall |
15 | | be subject to penalties at a rate of $100,000 per day until the |
16 | | plan is filed. This process shall continue, and penalties |
17 | | shall accrue, until the utility has successfully filed a |
18 | | portfolio of energy efficiency and demand-response measures. |
19 | | Penalties shall be deposited into the Energy Efficiency Trust |
20 | | Fund. |
21 | | (g) In submitting proposed plans and funding levels under |
22 | | subsection (f) of this Section to meet the savings goals |
23 | | identified in subsection (b-5) or (b-15) of this Section, as |
24 | | applicable, the utility shall: |
25 | | (1) Demonstrate that its proposed energy efficiency |
26 | | measures will achieve the applicable requirements that are |
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| | SB2408 Enrolled | - 630 - | LRB102 11366 BMS 16699 b |
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1 | | identified in subsection (b-5) or (b-15) of this Section, |
2 | | as modified by subsection (f) of this Section. |
3 | | (2) (Blank). Present specific proposals to implement |
4 | | new building and appliance standards that have been placed |
5 | | into effect. |
6 | | (2.5) Demonstrate consideration of program options for |
7 | | (A) advancing new building codes, appliance standards, and |
8 | | municipal regulations governing existing and new building |
9 | | efficiency improvements and (B) supporting efforts to |
10 | | improve compliance with new building codes, appliance |
11 | | standards and municipal regulations, as potentially |
12 | | cost-effective means of acquiring energy savings to count |
13 | | toward savings goals. |
14 | | (3) Demonstrate that its overall portfolio of |
15 | | measures, not including low-income programs described in |
16 | | subsection (c) of this Section, is cost-effective using |
17 | | the total resource cost test or complies with paragraphs |
18 | | (1) through (3) of subsection (f) of this Section and |
19 | | represents a diverse cross-section of opportunities for |
20 | | customers of all rate classes, other than those customers |
21 | | described in subsection (l) of this Section, to |
22 | | participate in the programs. Individual measures need not |
23 | | be cost effective. |
24 | | (3.5) Demonstrate that the utility's plan integrates |
25 | | the delivery of energy efficiency programs with natural |
26 | | gas efficiency programs, programs promoting distributed |
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| | SB2408 Enrolled | - 631 - | LRB102 11366 BMS 16699 b |
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1 | | solar, programs promoting demand response and other |
2 | | efforts to address bill payment issues, including, but not |
3 | | limited to, LIHEAP and the Percentage of Income Payment |
4 | | Plan, to the extent such integration is practical and has |
5 | | the potential to enhance customer engagement, minimize |
6 | | market confusion, or reduce administrative costs. |
7 | | (4) Present a third-party energy efficiency |
8 | | implementation program subject to the following |
9 | | requirements: |
10 | | (A) beginning with the year commencing January 1, |
11 | | 2019, electric utilities that serve more than |
12 | | 3,000,000 retail customers in the State shall fund |
13 | | third-party energy efficiency programs in an amount |
14 | | that is no less than $25,000,000 per year, and |
15 | | electric utilities that serve less than 3,000,000 |
16 | | retail customers but more than 500,000 retail |
17 | | customers in the State shall fund third-party energy |
18 | | efficiency programs in an amount that is no less than |
19 | | $8,350,000 per year; |
20 | | (B) during 2018, the utility shall conduct a |
21 | | solicitation process for purposes of requesting |
22 | | proposals from third-party vendors for those |
23 | | third-party energy efficiency programs to be offered |
24 | | during one or more of the years commencing January 1, |
25 | | 2019, January 1, 2020, and January 1, 2021; for those |
26 | | multi-year plans commencing on January 1, 2022 and |
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| | SB2408 Enrolled | - 632 - | LRB102 11366 BMS 16699 b |
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1 | | January 1, 2026, the utility shall conduct a |
2 | | solicitation process during 2021 and 2025, |
3 | | respectively, for purposes of requesting proposals |
4 | | from third-party vendors for those third-party energy |
5 | | efficiency programs to be offered during one or more |
6 | | years of the respective multi-year plan period; for |
7 | | each solicitation process, the utility shall identify |
8 | | the sector, technology, or geographical area for which |
9 | | it is seeking requests for proposals; the solicitation |
10 | | process must be either for programs that fill gaps in |
11 | | the utility's program portfolio and for programs that |
12 | | target low-income customers, business sectors, |
13 | | building types, geographies, or other specific parts |
14 | | of its customer base with initiatives that would be |
15 | | more effective at reaching these customer segments |
16 | | than the utilities' programs filed in its energy |
17 | | efficiency plans; |
18 | | (C) the utility shall propose the bidder |
19 | | qualifications, performance measurement process, and |
20 | | contract structure, which must include a performance |
21 | | payment mechanism and general terms and conditions; |
22 | | the proposed qualifications, process, and structure |
23 | | shall be subject to Commission approval; and |
24 | | (D) the utility shall retain an independent third |
25 | | party to score the proposals received through the |
26 | | solicitation process described in this paragraph (4), |
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| | SB2408 Enrolled | - 633 - | LRB102 11366 BMS 16699 b |
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1 | | rank them according to their cost per lifetime |
2 | | kilowatt-hours saved, and assemble the portfolio of |
3 | | third-party programs. |
4 | | The electric utility shall recover all costs |
5 | | associated with Commission-approved, third-party |
6 | | administered programs regardless of the success of those |
7 | | programs. |
8 | | (4.5) Implement cost-effective demand-response |
9 | | measures to reduce peak demand by 0.1% over the prior year |
10 | | for eligible retail customers, as defined in Section |
11 | | 16-111.5 of this Act, and for customers that elect hourly |
12 | | service from the utility pursuant to Section 16-107 of |
13 | | this Act, provided those customers have not been declared |
14 | | competitive. This requirement continues until December 31, |
15 | | 2026. |
16 | | (5) Include a proposed or revised cost-recovery tariff |
17 | | mechanism, as provided for under subsection (d) of this |
18 | | Section, to fund the proposed energy efficiency and |
19 | | demand-response measures and to ensure the recovery of the |
20 | | prudently and reasonably incurred costs of |
21 | | Commission-approved programs. |
22 | | (6) Provide for an annual independent evaluation of |
23 | | the performance of the cost-effectiveness of the utility's |
24 | | portfolio of measures, as well as a full review of the |
25 | | multi-year plan results of the broader net program impacts |
26 | | and, to the extent practical, for adjustment of the |
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| | SB2408 Enrolled | - 634 - | LRB102 11366 BMS 16699 b |
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1 | | measures on a going-forward basis as a result of the |
2 | | evaluations. The resources dedicated to evaluation shall |
3 | | not exceed 3% of portfolio resources in any given year. |
4 | | (7) For electric utilities that serve more than |
5 | | 3,000,000 retail customers in the State: |
6 | | (A) Through December 31, 2025, provide for an |
7 | | adjustment to the return on equity component of the |
8 | | utility's weighted average cost of capital calculated |
9 | | under subsection (d) of this Section: |
10 | | (i) If the independent evaluator determines |
11 | | that the utility achieved a cumulative persisting |
12 | | annual savings that is less than the applicable |
13 | | annual incremental goal, then the return on equity |
14 | | component shall be reduced by a maximum of 200 |
15 | | basis points in the event that the utility |
16 | | achieved no more than 75% of such goal. If the |
17 | | utility achieved more than 75% of the applicable |
18 | | annual incremental goal but less than 100% of such |
19 | | goal, then the return on equity component shall be |
20 | | reduced by 8 basis points for each percent by |
21 | | which the utility failed to achieve the goal. |
22 | | (ii) If the independent evaluator determines |
23 | | that the utility achieved a cumulative persisting |
24 | | annual savings that is more than the applicable |
25 | | annual incremental goal, then the return on equity |
26 | | component shall be increased by a maximum of 200 |
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| | SB2408 Enrolled | - 635 - | LRB102 11366 BMS 16699 b |
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1 | | basis points in the event that the utility |
2 | | achieved at least 125% of such goal. If the |
3 | | utility achieved more than 100% of the applicable |
4 | | annual incremental goal but less than 125% of such |
5 | | goal, then the return on equity component shall be |
6 | | increased by 8 basis points for each percent by |
7 | | which the utility achieved above the goal. If the |
8 | | applicable annual incremental goal was reduced |
9 | | under paragraphs (1) or (2) of subsection (f) of |
10 | | this Section, then the following adjustments shall |
11 | | be made to the calculations described in this item |
12 | | (ii): |
13 | | (aa) the calculation for determining |
14 | | achievement that is at least 125% of the |
15 | | applicable annual incremental goal shall use |
16 | | the unreduced applicable annual incremental |
17 | | goal to set the value; and |
18 | | (bb) the calculation for determining |
19 | | achievement that is less than 125% but more |
20 | | than 100% of the applicable annual incremental |
21 | | goal shall use the reduced applicable annual |
22 | | incremental goal to set the value for 100% |
23 | | achievement of the goal and shall use the |
24 | | unreduced goal to set the value for 125% |
25 | | achievement. The 8 basis point value shall |
26 | | also be modified, as necessary, so that the |
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| | SB2408 Enrolled | - 636 - | LRB102 11366 BMS 16699 b |
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1 | | 200 basis points are evenly apportioned among |
2 | | each percentage point value between 100% and |
3 | | 125% achievement. |
4 | | (B) For the period January 1, 2026 through |
5 | | December 31, 2029 and in all subsequent 4-year periods |
6 | | 2030 , provide for an adjustment to the return on |
7 | | equity component of the utility's weighted average |
8 | | cost of capital calculated under subsection (d) of |
9 | | this Section: |
10 | | (i) If the independent evaluator determines |
11 | | that the utility achieved a cumulative persisting |
12 | | annual savings that is less than the applicable |
13 | | annual incremental goal, then the return on equity |
14 | | component shall be reduced by a maximum of 200 |
15 | | basis points in the event that the utility |
16 | | achieved no more than 66% of such goal. If the |
17 | | utility achieved more than 66% of the applicable |
18 | | annual incremental goal but less than 100% of such |
19 | | goal, then the return on equity component shall be |
20 | | reduced by 6 basis points for each percent by |
21 | | which the utility failed to achieve the goal. |
22 | | (ii) If the independent evaluator determines |
23 | | that the utility achieved a cumulative persisting |
24 | | annual savings that is more than the applicable |
25 | | annual incremental goal, then the return on equity |
26 | | component shall be increased by a maximum of 200 |
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| | SB2408 Enrolled | - 637 - | LRB102 11366 BMS 16699 b |
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1 | | basis points in the event that the utility |
2 | | achieved at least 134% of such goal. If the |
3 | | utility achieved more than 100% of the applicable |
4 | | annual incremental goal but less than 134% of such |
5 | | goal, then the return on equity component shall be |
6 | | increased by 6 basis points for each percent by |
7 | | which the utility achieved above the goal. If the |
8 | | applicable annual incremental goal was reduced |
9 | | under paragraph (3) of subsection (f) of this |
10 | | Section, then the following adjustments shall be |
11 | | made to the calculations described in this item |
12 | | (ii): |
13 | | (aa) the calculation for determining |
14 | | achievement that is at least 134% of the |
15 | | applicable annual incremental goal shall use |
16 | | the unreduced applicable annual incremental |
17 | | goal to set the value; and |
18 | | (bb) the calculation for determining |
19 | | achievement that is less than 134% but more |
20 | | than 100% of the applicable annual incremental |
21 | | goal shall use the reduced applicable annual |
22 | | incremental goal to set the value for 100% |
23 | | achievement of the goal and shall use the |
24 | | unreduced goal to set the value for 134% |
25 | | achievement. The 6 basis point value shall |
26 | | also be modified, as necessary, so that the |
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| | SB2408 Enrolled | - 638 - | LRB102 11366 BMS 16699 b |
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1 | | 200 basis points are evenly apportioned among |
2 | | each percentage point value between 100% and |
3 | | 134% achievement. |
4 | | (C) Notwithstanding the provisions of |
5 | | subparagraphs (A) and (B) of this paragraph (7), if |
6 | | the applicable annual incremental goal for an electric |
7 | | utility is ever less than 0.6% of deemed average |
8 | | weather normalized sales of electric power and energy |
9 | | during calendar years 2014, 2015, and 2016, an |
10 | | adjustment to the return on equity component of the |
11 | | utility's weighted average cost of capital calculated |
12 | | under subsection (d) of this Section shall be made as |
13 | | follows: |
14 | | (i) If the independent evaluator determines |
15 | | that the utility achieved a cumulative persisting |
16 | | annual savings that is less than would have been |
17 | | achieved had the applicable annual incremental |
18 | | goal been achieved, then the return on equity |
19 | | component shall be reduced by a maximum of 200 |
20 | | basis points if the utility achieved no more than |
21 | | 75% of its applicable annual total savings |
22 | | requirement as defined in paragraph (7.5) of this |
23 | | subsection. If the utility achieved more than 75% |
24 | | of the applicable annual total savings requirement |
25 | | but less than 100% of such goal, then the return on |
26 | | equity component shall be reduced by 8 basis |
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| | SB2408 Enrolled | - 639 - | LRB102 11366 BMS 16699 b |
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1 | | points for each percent by which the utility |
2 | | failed to achieve the goal. |
3 | | (ii) If the independent evaluator determines |
4 | | that the utility achieved a cumulative persisting |
5 | | annual savings that is more than would have been |
6 | | achieved had the applicable annual incremental |
7 | | goal been achieved, then the return on equity |
8 | | component shall be increased by a maximum of 200 |
9 | | basis points if the utility achieved at least 125% |
10 | | of its applicable annual total savings |
11 | | requirement. If the utility achieved more than |
12 | | 100% of the applicable annual total savings |
13 | | requirement but less than 125% of such goal, then |
14 | | the return on equity component shall be increased |
15 | | by 8 basis points for each percent by which the |
16 | | utility achieved above the applicable annual total |
17 | | savings requirement. If the applicable annual |
18 | | incremental goal was reduced under paragraph (1) |
19 | | or (2) of subsection (f) of this Section, then the |
20 | | following adjustments shall be made to the |
21 | | calculations described in this item (ii): |
22 | | (aa) the calculation for determining |
23 | | achievement that is at least 125% of the |
24 | | applicable annual total savings requirement |
25 | | shall use the unreduced applicable annual |
26 | | incremental goal to set the value; and |
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1 | | (bb) the calculation for determining |
2 | | achievement that is less than 125% but more |
3 | | than 100% of the applicable annual total |
4 | | savings requirement shall use the reduced |
5 | | applicable annual incremental goal to set the |
6 | | value for 100% achievement of the goal and |
7 | | shall use the unreduced goal to set the value |
8 | | for 125% achievement. The 8 basis point value |
9 | | shall also be modified, as necessary, so that |
10 | | the 200 basis points are evenly apportioned |
11 | | among each percentage point value between 100% |
12 | | and 125% achievement. |
13 | | (7.5) For purposes of this Section, the term |
14 | | "applicable
annual incremental goal" means the difference |
15 | | between the
cumulative persisting annual savings goal for |
16 | | the calendar
year that is the subject of the independent |
17 | | evaluator's
determination and the cumulative persisting |
18 | | annual savings
goal for the immediately preceding calendar |
19 | | year, as such
goals are defined in subsections (b-5) and |
20 | | (b-15) of this
Section and as these goals may have been |
21 | | modified as
provided for under subsection (b-20) and |
22 | | paragraphs (1)
through (3) of subsection (f) of this |
23 | | Section. Under
subsections (b), (b-5), (b-10), and (b-15) |
24 | | of this Section,
a utility must first replace energy |
25 | | savings from measures
that have expired reached the end of |
26 | | their measure lives and would
otherwise have to be |
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1 | | replaced to meet the applicable
savings goals identified |
2 | | in subsection (b-5) or (b-15) of this Section before any |
3 | | progress towards achievement of its
applicable annual |
4 | | incremental goal may be counted. Savings may expire |
5 | | because measures installed in previous years have reached |
6 | | the end of their lives, because measures installed in |
7 | | previous years are producing lower savings in the current |
8 | | year than in the previous year, or for other reasons |
9 | | identified by independent evaluators.
Notwithstanding |
10 | | anything else set forth in this Section,
the difference |
11 | | between the actual annual incremental
savings achieved in |
12 | | any given year, including the
replacement of energy |
13 | | savings from measures that have
expired, and the |
14 | | applicable annual incremental goal shall
not affect |
15 | | adjustments to the return on equity for
subsequent |
16 | | calendar years under this subsection (g). |
17 | | In this Section, "applicable annual total savings |
18 | | requirement" means the total amount of new annual savings |
19 | | that the utility must achieve in any given year to achieve |
20 | | the applicable annual incremental goal. This is equal to |
21 | | the applicable annual incremental goal plus the total new |
22 | | annual savings that are required to replace savings that |
23 | | expired in or at the end of the previous year. |
24 | | (8) For electric utilities that serve less than |
25 | | 3,000,000 retail customers but more than 500,000 retail |
26 | | customers in the State: |
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1 | | (A) Through December 31, 2025, the applicable |
2 | | annual incremental goal shall be compared to the |
3 | | annual incremental savings as determined by the |
4 | | independent evaluator. |
5 | | (i) The return on equity component shall be |
6 | | reduced by 8 basis points for each percent by |
7 | | which the utility did not achieve 84.4% of the |
8 | | applicable annual incremental goal. |
9 | | (ii) The return on equity component shall be |
10 | | increased by 8 basis points for each percent by |
11 | | which the utility exceeded 100% of the applicable |
12 | | annual incremental goal. |
13 | | (iii) The return on equity component shall not |
14 | | be increased or decreased if the annual |
15 | | incremental savings as determined by the |
16 | | independent evaluator is greater than 84.4% of the |
17 | | applicable annual incremental goal and less than |
18 | | 100% of the applicable annual incremental goal. |
19 | | (iv) The return on equity component shall not |
20 | | be increased or decreased by an amount greater |
21 | | than 200 basis points pursuant to this |
22 | | subparagraph (A). |
23 | | (B) For the period of January 1, 2026 through |
24 | | December 31, 2029 and in all subsequent 4-year periods |
25 | | 2030 , the applicable annual incremental goal shall be |
26 | | compared to the annual incremental savings as |
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1 | | determined by the independent evaluator. |
2 | | (i) The return on equity component shall be |
3 | | reduced by 6 basis points for each percent by |
4 | | which the utility did not achieve 100% of the |
5 | | applicable annual incremental goal. |
6 | | (ii) The return on equity component shall be |
7 | | increased by 6 basis points for each percent by |
8 | | which the utility exceeded 100% of the applicable |
9 | | annual incremental goal. |
10 | | (iii) The return on equity component shall not |
11 | | be increased or decreased by an amount greater |
12 | | than 200 basis points pursuant to this |
13 | | subparagraph (B). |
14 | | (C) Notwithstanding provisions in subparagraphs |
15 | | (A) and (B) of paragraph (7) of this subsection, if the |
16 | | applicable annual incremental goal for an electric |
17 | | utility is ever less than 0.6% of deemed average |
18 | | weather normalized sales of electric power and energy |
19 | | during calendar years 2014, 2015 and 2016, an |
20 | | adjustment to the return on equity component of the |
21 | | utility's weighted average cost of capital calculated |
22 | | under subsection (d) of this Section shall be made as |
23 | | follows: |
24 | | (i) The return on equity component shall be |
25 | | reduced by 8 basis points for each percent by |
26 | | which the utility did not achieve 100% of the |
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1 | | applicable annual total savings requirement. |
2 | | (ii) The return on equity component shall be |
3 | | increased by 8 basis points for each percent by |
4 | | which the utility exceeded 100% of the applicable |
5 | | annual total savings requirement. |
6 | | (iii) The return on equity component shall not |
7 | | be increased or decreased by an amount greater |
8 | | than 200 basis points pursuant to this |
9 | | subparagraph (C). |
10 | | (D) (C) If the applicable annual incremental goal |
11 | | was reduced under paragraph paragraphs (1), (2) , or |
12 | | (3) , or (4) of subsection (f) of this Section, then the |
13 | | following adjustments shall be made to the |
14 | | calculations described in subparagraphs (A) , and (B) , |
15 | | and (C) of this paragraph (8): |
16 | | (i) The calculation for determining |
17 | | achievement that is at least 125% or 134%, as |
18 | | applicable, of the applicable annual incremental |
19 | | goal or the applicable annual total savings |
20 | | requirement, as applicable, shall use the |
21 | | unreduced applicable annual incremental goal to |
22 | | set the value. |
23 | | (ii) For the period through December 31, 2025, |
24 | | the calculation for determining achievement that |
25 | | is less than 125% but more than 100% of the |
26 | | applicable annual incremental goal or the |
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1 | | applicable annual total savings requirement, as |
2 | | applicable, shall use the reduced applicable |
3 | | annual incremental goal to set the value for 100% |
4 | | achievement of the goal and shall use the |
5 | | unreduced goal to set the value for 125% |
6 | | achievement. The 8 basis point value shall also be |
7 | | modified, as necessary, so that the 200 basis |
8 | | points are evenly apportioned among each |
9 | | percentage point value between 100% and 125% |
10 | | achievement. |
11 | | (iii) For the period of January 1, 2026 |
12 | | through December 31, 2029 and all subsequent |
13 | | 4-year periods, the calculation for determining |
14 | | achievement that is less than 125% or 134%, as |
15 | | applicable, but more than 100% of the applicable |
16 | | annual incremental goal or the applicable annual |
17 | | total savings requirement, as applicable, shall |
18 | | use the reduced applicable annual incremental goal |
19 | | to set the value for 100% achievement of the goal |
20 | | and shall use the unreduced goal to set the value |
21 | | for 125% achievement. The 6 basis-point value or 8 |
22 | | basis-point value, as applicable, shall also be |
23 | | modified, as necessary, so that the 200 basis |
24 | | points are evenly apportioned among each |
25 | | percentage point value between 100% and 125% or |
26 | | between 100% and 134% achievement, as applicable |
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1 | | 2030, the calculation for determining achievement |
2 | | that is less than 134% but more than 100% of the |
3 | | applicable annual incremental goal shall use the |
4 | | reduced applicable annual incremental goal to set |
5 | | the value for 100% achievement of the goal and |
6 | | shall use the unreduced goal to set the value for |
7 | | 125% achievement. The 6 basis point value shall |
8 | | also be modified, as necessary, so that the 200 |
9 | | basis points are evenly apportioned among each |
10 | | percentage point value between 100% and 134% |
11 | | achievement . |
12 | | (9) The utility shall submit the energy savings data |
13 | | to the independent evaluator no later than 30 days after |
14 | | the close of the plan year. The independent evaluator |
15 | | shall determine the cumulative persisting annual savings |
16 | | for a given plan year , as well as an estimate of job |
17 | | impacts and other macroeconomic impacts of the efficiency |
18 | | programs for that year, no later than 120 days after the |
19 | | close of the plan year. The utility shall submit an |
20 | | informational filing to the Commission no later than 160 |
21 | | days after the close of the plan year that attaches the |
22 | | independent evaluator's final report identifying the |
23 | | cumulative persisting annual savings for the year and |
24 | | calculates, under paragraph (7) or (8) of this subsection |
25 | | (g), as applicable, any resulting change to the utility's |
26 | | return on equity component of the weighted average cost of |
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1 | | capital applicable to the next plan year beginning with |
2 | | the January monthly billing period and extending through |
3 | | the December monthly billing period. However, if the |
4 | | utility recovers the costs incurred under this Section |
5 | | under paragraphs (2) and (3) of subsection (d) of this |
6 | | Section, then the utility shall not be required to submit |
7 | | such informational filing, and shall instead submit the |
8 | | information that would otherwise be included in the |
9 | | informational filing as part of its filing under paragraph |
10 | | (3) of such subsection (d) that is due on or before June 1 |
11 | | of each year. |
12 | | For those utilities that must submit the informational |
13 | | filing, the Commission may, on its own motion or by |
14 | | petition, initiate an investigation of such filing, |
15 | | provided, however, that the utility's proposed return on |
16 | | equity calculation shall be deemed the final, approved |
17 | | calculation on December 15 of the year in which it is filed |
18 | | unless the Commission enters an order on or before |
19 | | December 15, after notice and hearing, that modifies such |
20 | | calculation consistent with this Section. |
21 | | The adjustments to the return on equity component |
22 | | described in paragraphs (7) and (8) of this subsection (g) |
23 | | shall be applied as described in such paragraphs through a |
24 | | separate tariff mechanism, which shall be filed by the |
25 | | utility under subsections (f) and (g) of this Section. |
26 | | (9.5) The utility must demonstrate how it will ensure |
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1 | | that program implementation contractors and energy |
2 | | efficiency installation vendors will promote workforce |
3 | | equity and quality jobs. |
4 | | (9.6) Utilities shall collect data necessary to ensure |
5 | | compliance with paragraph (9.5) no less than quarterly and |
6 | | shall communicate progress toward compliance with |
7 | | paragraph (9.5) to program implementation contractors and |
8 | | energy efficiency installation vendors no less than |
9 | | quarterly. Utilities shall work with relevant vendors, |
10 | | providing education, training, and other resources needed |
11 | | to ensure compliance and, where necessary, adjusting or |
12 | | terminating work with vendors that cannot assist with |
13 | | compliance. |
14 | | (10) Utilities required to implement efficiency |
15 | | programs under subsections (b-5) and (b-10) shall report |
16 | | annually to the Illinois Commerce Commission and the |
17 | | General Assembly on how hiring, contracting, job training, |
18 | | and other practices related to its energy efficiency |
19 | | programs enhance the diversity of vendors working on such |
20 | | programs. These reports must include data on vendor and |
21 | | employee diversity, including data on the implementation |
22 | | of paragraphs (9.5) and (9.6). If the utility is not |
23 | | meeting the requirements of paragraphs (9.5) and (9.6), |
24 | | the utility shall submit a plan to adjust their activities |
25 | | so that they meet the requirements of paragraphs (9.5) and |
26 | | (9.6) within the following year. |
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1 | | (h) No more than 4% 6% of energy efficiency and |
2 | | demand-response program revenue may be allocated for research, |
3 | | development, or pilot deployment of new equipment or measures. |
4 | | Electric utilities shall work with interested stakeholders to |
5 | | formulate a plan for how these funds should be spent, |
6 | | incorporate statewide approaches for these allocations, and |
7 | | file a 4-year plan that demonstrates that collaboration. If a |
8 | | utility files a request for modified annual energy savings |
9 | | goals with the Commission, then a utility shall forgo spending |
10 | | portfolio dollars on research and development proposals.
|
11 | | (i) When practicable, electric utilities shall incorporate |
12 | | advanced metering infrastructure data into the planning, |
13 | | implementation, and evaluation of energy efficiency measures |
14 | | and programs, subject to the data privacy and confidentiality |
15 | | protections of applicable law. |
16 | | (j) The independent evaluator shall follow the guidelines |
17 | | and use the savings set forth in Commission-approved energy |
18 | | efficiency policy manuals and technical reference manuals, as |
19 | | each may be updated from time to time. Until such time as |
20 | | measure life values for energy efficiency measures implemented |
21 | | for low-income households under subsection (c) of this Section |
22 | | are incorporated into such Commission-approved manuals, the |
23 | | low-income measures shall have the same measure life values |
24 | | that are established for same measures implemented in |
25 | | households that are not low-income households. |
26 | | (k) Notwithstanding any provision of law to the contrary, |
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1 | | an electric utility subject to the requirements of this |
2 | | Section may file a tariff cancelling an automatic adjustment |
3 | | clause tariff in effect under this Section or Section 8-103, |
4 | | which shall take effect no later than one business day after |
5 | | the date such tariff is filed. Thereafter, the utility shall |
6 | | be authorized to defer and recover its expenditures incurred |
7 | | under this Section through a new tariff authorized under |
8 | | subsection (d) of this Section or in the utility's next rate |
9 | | case under Article IX or Section 16-108.5 of this Act, with |
10 | | interest at an annual rate equal to the utility's weighted |
11 | | average cost of capital as approved by the Commission in such |
12 | | case. If the utility elects to file a new tariff under |
13 | | subsection (d) of this Section, the utility may file the |
14 | | tariff within 10 days after June 1, 2017 (the effective date of |
15 | | Public Act 99-906), and the cost inputs to such tariff shall be |
16 | | based on the projected costs to be incurred by the utility |
17 | | during the calendar year in which the new tariff is filed and |
18 | | that were not recovered under the tariff that was cancelled as |
19 | | provided for in this subsection. Such costs shall include |
20 | | those incurred or to be incurred by the utility under its |
21 | | multi-year plan approved under subsections (f) and (g) of this |
22 | | Section, including, but not limited to, projected capital |
23 | | investment costs and projected regulatory asset balances with |
24 | | correspondingly updated depreciation and amortization reserves |
25 | | and expense. The Commission shall, after notice and hearing, |
26 | | approve, or approve with modification, such tariff and cost |
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| | SB2408 Enrolled | - 651 - | LRB102 11366 BMS 16699 b |
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1 | | inputs no later than 75 days after the utility filed the |
2 | | tariff, provided that such approval, or approval with |
3 | | modification, shall be consistent with the provisions of this |
4 | | Section to the extent they do not conflict with this |
5 | | subsection (k). The tariff approved by the Commission shall |
6 | | take effect no later than 5 days after the Commission enters |
7 | | its order approving the tariff. |
8 | | No later than 60 days after the effective date of the |
9 | | tariff cancelling the utility's automatic adjustment clause |
10 | | tariff, the utility shall file a reconciliation that |
11 | | reconciles the moneys collected under its automatic adjustment |
12 | | clause tariff with the costs incurred during the period |
13 | | beginning June 1, 2016 and ending on the date that the electric |
14 | | utility's automatic adjustment clause tariff was cancelled. In |
15 | | the event the reconciliation reflects an under-collection, the |
16 | | utility shall recover the costs as specified in this |
17 | | subsection (k). If the reconciliation reflects an |
18 | | over-collection, the utility shall apply the amount of such |
19 | | over-collection as a one-time credit to retail customers' |
20 | | bills. |
21 | | (l) For the calendar years covered by a multi-year plan
|
22 | | commencing after December 31, 2017, subsections (a) through
|
23 | | (j) of this Section do not apply to eligible large private
|
24 | | energy customers that have chosen to opt out of multi-year
|
25 | | plans consistent with this subsection
(1). |
26 | | (1) For purposes of this subsection (l), "eligible
|
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| | SB2408 Enrolled | - 652 - | LRB102 11366 BMS 16699 b |
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1 | | large private energy customer" means any retail
customers, |
2 | | except for federal, State, municipal, and other
public |
3 | | customers, of an electric utility that serves more
than |
4 | | 3,000,000 retail customers, except for federal,
State, |
5 | | municipal and other public customers, in the State
and |
6 | | whose total highest 30 minute demand was more than
10,000 |
7 | | kilowatts, or any retail customers of an electric
utility |
8 | | that serves less than 3,000,000 retail customers
but more |
9 | | than 500,000 retail customers in the State and
whose total |
10 | | highest 15 minute demand was more than 10,000
kilowatts. |
11 | | For purposes of this subsection (l), "retail
customer" has |
12 | | the meaning set forth in Section 16-102 of
this Act. |
13 | | However, for a business entity with multiple sites located |
14 | | in the State, where at least one of those sites qualifies |
15 | | as an eligible large private energy customer, then any of |
16 | | that business entity's sites, properly identified on a |
17 | | form for notice, shall be considered eligible large |
18 | | private energy customers for the purposes of this |
19 | | subsection (l). A determination of whether this subsection |
20 | | is
applicable to a customer shall be made for each |
21 | | multi-year
plan beginning after December 31, 2017. The |
22 | | criteria for
determining whether this subsection (l) is |
23 | | applicable to a
retail customer shall be based on the 12 |
24 | | consecutive
billing periods prior to the start of the |
25 | | first year of
each such multi-year plan. |
26 | | (2) Within 45 days after the effective date of this |
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| | SB2408 Enrolled | - 653 - | LRB102 11366 BMS 16699 b |
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1 | | amendatory Act of the 102nd General Assembly, the |
2 | | Commission shall prescribe the form for notice
required |
3 | | for opting out of energy efficiency programs. The
notice |
4 | | must be submitted to the retail electric utility 12 months
|
5 | | before the next energy efficiency planning cycle. However, |
6 | | within 120 days after the Commission's initial issuance of |
7 | | the form for notice, eligible large private energy |
8 | | customers may submit a form for notice to an electric |
9 | | utility. The form for notice for opting out of energy |
10 | | efficiency programs shall
include all of the following: |
11 | | (A) a statement indicating that the customer has
|
12 | | elected to opt out; |
13 | | (B) the account numbers for the customer accounts |
14 | | to
which the opt out shall apply; |
15 | | (C) the mailing address associated with the
|
16 | | customer accounts identified under subparagraph (B); |
17 | | (D) an American Society of Heating, Refrigerating,
|
18 | | and Air-Conditioning Engineers (ASHRAE) level 2 or
|
19 | | higher audit report conducted by an independent |
20 | | third-party expert identifying cost-effective energy
|
21 | | efficiency project opportunities that could be
|
22 | | invested in over the next 10 years. A retail customer |
23 | | with specialized processes may utilize a self-audit |
24 | | process in lieu of the ASHRAE audit; |
25 | | (E) a description of the customer's plans to
|
26 | | reallocate the funds toward internal energy efficiency
|
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1 | | efforts identified in the subparagraph (D) report,
|
2 | | including, but not limited to: (i) strategic energy
|
3 | | management or other programs, including descriptions
|
4 | | of targeted buildings, equipment and operations; (ii)
|
5 | | eligible energy efficiency measures; and (iii)
|
6 | | expected energy savings, itemized by technology. If |
7 | | the subparagraph (D) audit report identifies that the |
8 | | customer currently utilizes the best available energy |
9 | | efficient technology, equipment, programs, and |
10 | | operations, the customer may provide a statement that |
11 | | more efficient technology, equipment, programs, and |
12 | | operations are not reasonably available as a means of |
13 | | satisfying this subparagraph (E); and |
14 | | (F) the effective date of the opt out, which will
|
15 | | be the next January 1 following notice of the opt out. |
16 | | (3) Upon receipt of a properly and timely noticed
|
17 | | request for opt out submitted by an eligible large private
|
18 | | energy customer, the retail electric utility shall grant |
19 | | the
request, file the request with the Commission and,
|
20 | | beginning January 1 of the following year, the opted out
|
21 | | customer shall no longer be assessed the costs of the plan
|
22 | | and shall be prohibited from participating in that
4-year |
23 | | plan cycle to give the retail utility the
certainty to |
24 | | design program plan proposals. |
25 | | (4) Upon a customer's election to opt out under
|
26 | | paragraphs (1) and (2) of this subsection (l) and
|
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1 | | commencing on the effective date of said opt out, the
|
2 | | account properly identified in the customer's notice under
|
3 | | paragraph (2) shall not be subject to any cost recovery
|
4 | | and shall not be eligible to participate in, or directly
|
5 | | benefit from, compliance with energy efficiency cumulative
|
6 | | persisting savings requirements under subsections (a)
|
7 | | through (j). |
8 | | (5) A utility's cumulative persisting annual savings
|
9 | | targets will exclude any opted out load. |
10 | | (6) The request to opt out is only valid for the
|
11 | | requested plan cycle. An eligible large private energy
|
12 | | customer must also request to opt out for future energy
|
13 | | plan cycles, otherwise the customer will be included in
|
14 | | the future energy plan cycle. For the calendar years |
15 | | covered by a multi-year plan commencing after December 31, |
16 | | 2017, subsections (a) through (j) of this Section do not |
17 | | apply to any retail customers of an electric utility that |
18 | | serves more than 3,000,000 retail customers in the State |
19 | | and whose total highest 30 minute demand was more than |
20 | | 10,000 kilowatts, or any retail customers of an electric |
21 | | utility that serves less than 3,000,000 retail customers |
22 | | but more than 500,000 retail customers in the State and |
23 | | whose total highest 15 minute demand was more than 10,000 |
24 | | kilowatts. For purposes of this subsection (l), "retail |
25 | | customer" has the meaning set forth in Section 16-102 of |
26 | | this Act. A determination of whether this subsection is |
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| | SB2408 Enrolled | - 656 - | LRB102 11366 BMS 16699 b |
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1 | | applicable to a customer shall be made for each multi-year |
2 | | plan beginning after December 31, 2017. The criteria for |
3 | | determining whether this subsection (l) is applicable to a |
4 | | retail customer shall be based on the 12 consecutive |
5 | | billing periods prior to the start of the first year of |
6 | | each such multi-year plan. |
7 | | (m) Notwithstanding the requirements of this Section, as |
8 | | part of a proceeding to approve a multi-year plan under |
9 | | subsections (f) and (g) of this Section if the multi-year plan |
10 | | has been designed to maximize savings, but does not meet the |
11 | | cost cap limitations of this Section , the Commission shall |
12 | | reduce the amount of energy efficiency measures implemented |
13 | | for any single year, and whose costs are recovered under |
14 | | subsection (d) of this Section, by an amount necessary to |
15 | | limit the estimated average net increase due to the cost of the |
16 | | measures to no more than |
17 | | (1) 3.5% for each of the 4 years beginning January 1, |
18 | | 2018, |
19 | | (2) (blank), 3.75% for each of the 4 years beginning |
20 | | January 1, 2022, and |
21 | | (3) 4% for each of the 4 5 years beginning January 1, |
22 | | 2022 2026 , |
23 | | (4) 4.25% for the 4 years beginning January 1, 2026, |
24 | | and |
25 | | (5) 4.25% plus an increase sufficient to account for |
26 | | the rate of inflation between January 1, 2026 and January |
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1 | | 1 of the first year of each subsequent 4-year plan cycle, |
2 | | of the average amount paid per kilowatthour by residential |
3 | | eligible retail customers during calendar year 2015. An |
4 | | electric utility may plan to spend up to 10% more in any year |
5 | | during an applicable multi-year plan period to |
6 | | cost-effectively achieve additional savings so long as the |
7 | | average over the applicable multi-year plan period does not |
8 | | exceed the percentages defined in items (1) through (5). To |
9 | | determine the total amount that may be spent by an electric |
10 | | utility in any single year, the applicable percentage of the |
11 | | average amount paid per kilowatthour shall be multiplied by |
12 | | the total amount of energy delivered by such electric utility |
13 | | in the calendar year 2015, adjusted to reflect the proportion |
14 | | of the utility's load attributable to customers that have |
15 | | opted out of who are exempt from subsections (a) through (j) of |
16 | | this Section under subsection (l) of this Section. For |
17 | | purposes of this subsection (m), the amount paid per |
18 | | kilowatthour includes,
without limitation, estimated amounts |
19 | | paid for supply,
transmission, distribution, surcharges, and |
20 | | add-on taxes. For purposes of this Section, "eligible retail |
21 | | customers" shall have the meaning set forth in Section |
22 | | 16-111.5 of this Act. Once the Commission has approved a plan |
23 | | under subsections (f) and (g) of this Section, no subsequent |
24 | | rate impact determinations shall be made. |
25 | | (n) A utility shall take advantage of the efficiencies |
26 | | available through existing Illinois Home Weatherization |
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1 | | Assistance Program infrastructure and services, such as |
2 | | enrollment, marketing, quality assurance and implementation, |
3 | | which can reduce the need for similar services at a lower cost |
4 | | than utility-only programs, subject to capacity constraints at |
5 | | community action agencies, for both single-family and |
6 | | multifamily weatherization services, to the extent Illinois |
7 | | Home Weatherization Assistance Program community action |
8 | | agencies provide multifamily services. A utility's plan shall |
9 | | demonstrate that in formulating annual weatherization budgets, |
10 | | it has sought input and coordination with community action |
11 | | agencies regarding agencies' capacity to expand and maximize |
12 | | Illinois Home Weatherization Assistance Program delivery using |
13 | | the ratepayer dollars collected under this Section.
|
14 | | (Source: P.A. 100-840, eff. 8-13-18; 101-81, eff. 7-12-19.) |
15 | | (220 ILCS 5/8-201.7 new) |
16 | | Sec. 8-201.7. Prohibition on deposits for low-income |
17 | | residential customers or applicants. |
18 | | (a) On and after the effective date of this amendatory Act |
19 | | of the 102nd General Assembly, no electric or gas utility |
20 | | shall, as a condition for standard service, require a |
21 | | low-income residential customer or applicant to provide a |
22 | | deposit as security against potential non-payment for service |
23 | | except when the utility has proof that the customer engaged in |
24 | | tampering of the electric or gas utility equipment during the |
25 | | previous 5 years. Within 60 days after the effective date of |
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1 | | this amendatory Act of the 102nd General Assembly, such |
2 | | utility shall refund all deposits collected from low-income |
3 | | customers as security against potential nonpayment for |
4 | | standard service to such residential customers except when the |
5 | | utility has proof that the customer benefited from tampering. |
6 | | Proof that the customer for whom the deposit is being required |
7 | | engaged in tampering shall be the burden of the utility and the |
8 | | utility shall provide the customer the opportunity to contest |
9 | | the finding that the customer engaged in tampering. |
10 | | (b) As used in this Section: |
11 | | "Low-income residential customer or applicant" means: (i) |
12 | | a member of a household at or below 80% of the latest median |
13 | | household income as reported by the United States Census |
14 | | Bureau for the most applicable community or county; (ii) a |
15 | | member of a household at or below 150% of the federal poverty |
16 | | level; (iii) a person who is eligible for the Illinois Low |
17 | | Income Home Energy Assistance Program (LIHEAP) as defined in |
18 | | the Energy Assistance Act; (iv) a person who is eligible to |
19 | | participate in the Percentage of Income Payment Plan (PIPP or |
20 | | PIP Plan) as defined in the Energy Assistance Act; or (v) a |
21 | | person who is eligible to receive Lifeline service as defined |
22 | | in the Universal Service Telephone Service Protection Law of |
23 | | 1985. |
24 | | "Tampering" means any unauthorized alteration of electric |
25 | | or gas utility equipment or facilities by which a benefit is |
26 | | achieved for which the utility is not compensated, including |
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1 | | customer self-restoration of utility service. |
2 | | (220 ILCS 5/8-201.8 new) |
3 | | Sec. 8-201.8. Prohibition on late payment fees for |
4 | | low-income residential customers or applicants. |
5 | | (a) Notwithstanding any other provision of this Act, as of |
6 | | the effective date of this amendatory Act of the 102nd General |
7 | | Assembly, an electric utility shall not charge a low-income |
8 | | residential customer or applicant a fee, charge, or penalty |
9 | | for late payment of any utility bill or invoice. |
10 | | Notwithstanding any other provision of this Act, as of January |
11 | | 1, 2023, a natural gas utility shall not charge a low-income |
12 | | residential customer or applicant a fee, charge, or penalty |
13 | | for late payment of any utility bill or invoice. |
14 | | (b) As used in this Section, "low-income residential |
15 | | customer or applicant" means: (i) a member of a household at or |
16 | | below 80% of the latest median household income as reported by |
17 | | the United States Census Bureau for the most applicable |
18 | | community or county; (ii) a member of a household at or below |
19 | | 150% of the federal poverty level; (iii) a person who is |
20 | | eligible for the Illinois Low Income Home Energy Assistance |
21 | | Program (LIHEAP) as defined in the Energy Assistance Act; (iv) |
22 | | a person who is eligible to participate in the Percentage of |
23 | | Income Payment Plan (PIPP or PIP Plan) as defined in the Energy |
24 | | Assistance Act; or (v) a person who is eligible to receive |
25 | | Lifeline service as defined in the Universal Service Telephone |
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1 | | Service Protection Law of 1985. |
2 | | (220 ILCS 5/8-201.9 new) |
3 | | Sec. 8-201.9. Prohibition on credit card convenience fees. |
4 | | (a) No electric or natural gas utility shall assess any |
5 | | convenience fee, surcharge, or other fee to any customer who |
6 | | elects to pay for service using a credit card that the electric |
7 | | or natural gas utility would not assess to the customer if the |
8 | | customer paid by other available methods acceptable to the |
9 | | utility. The Commission may consider as an operating expense, |
10 | | for the purpose of determining whether a rate or other charge |
11 | | or classification is sufficient, costs incurred by a utility |
12 | | to process payments described in this Section so long as those |
13 | | costs are determined to be prudent, just, and reasonable. |
14 | | (b) As used in this Section, "credit card" means an |
15 | | instrument or device, whether known as a credit card, bank |
16 | | card, charge card, debit card, automated teller machine card, |
17 | | secured credit card, smart card, electronic purse, prepaid |
18 | | card, affinity card, or by any other name, issued with or |
19 | | without fee by an issuer for the use of the holder to obtain |
20 | | credit, money, goods, services, or anything else of value. |
21 | | (220 ILCS 5/8-201.10 new) |
22 | | Sec. 8-201.10. Disconnection and credit and collections |
23 | | reporting. |
24 | | (a) The Commission shall require all gas, electric, water |
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1 | | and sewer public utilities under its authority to submit an |
2 | | annual report by May 1, 2022 and every May 1 thereafter, |
3 | | reporting and making publicly available in executable, |
4 | | electronic spreadsheet format, by zip code, on the number of |
5 | | disconnections for nonpayment and reconnections that occurred |
6 | | in the immediately preceding calendar year, as identified in |
7 | | subsection (b). |
8 | | (b) Each such public utility shall report to the |
9 | | Commission by the 15th day of each month and make publicly |
10 | | available in executable, electronic spreadsheet format the |
11 | | following information, by zip code, for the immediately |
12 | | preceding month: |
13 | | (1) the number of customers, by customer class and |
14 | | type of utility service provided, during each month; |
15 | | (2) the number of customers, by customer class and |
16 | | type of utility service, receiving disconnection notices |
17 | | during each month; |
18 | | (3) the number of customers, by customer class and |
19 | | type of utility service, disconnected for nonpayment |
20 | | during each month; |
21 | | (4) the number of customers, by customer class and |
22 | | type of utility service, reconnected because they have |
23 | | paid in full or set up payment arrangements during each |
24 | | month; |
25 | | (5) the number of new deferred payment agreements, by |
26 | | customer class and type of utility service, each month; |
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1 | | (6) the number of customers, by customer class and |
2 | | type of utility service, taking service at the beginning |
3 | | of the month under existing deferred payment arrangements; |
4 | | (7) the number of customers, by customer class and |
5 | | type of utility service, completing deferred payment |
6 | | arrangements during the month; |
7 | | (8) the number of payment agreements, by customer |
8 | | class and type of utility service, that failed during each |
9 | | month; |
10 | | (9) the number of customers, by customer class and |
11 | | type of utility service, renegotiating deferred payment |
12 | | arrangements during the month; |
13 | | (10) the number of customers, by customer class and |
14 | | type of utility service, assessed late payment fees or |
15 | | charges during the month; |
16 | | (11) the number of customers, by customer class and |
17 | | type of utility service, taking service at the beginning |
18 | | of the month under existing medical payment arrangements; |
19 | | (12) the number of customers, by utility service, |
20 | | completing medical payment arrangements during the month; |
21 | | (13) the number of customers, by utility service, |
22 | | enrolling in new medical payment arrangements during the |
23 | | month; |
24 | | (14) the number of customers, by utility service, |
25 | | renegotiating medical payment arrangements plans during |
26 | | the month; |
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1 | | (15) the number of customers, by customer class and |
2 | | utility service, with required deposits with the company |
3 | | at the beginning of the month; |
4 | | (16) the number of customers, by customer class and |
5 | | utility service, required to submit new deposits or |
6 | | increased deposits during the month; |
7 | | (17) the number of customers, by customer class and |
8 | | utility service, whose required deposits were reduced in |
9 | | part or forgone during the month; |
10 | | (18) the number of customers, by customer class and |
11 | | utility service, whose deposits were returned in full |
12 | | during the month; |
13 | | (19) the number of customers, by customer class and |
14 | | utility service, with past due amounts greater than 30 |
15 | | days past due at the beginning of the month and taking |
16 | | service at the beginning of the month under existing |
17 | | deferred payment arrangements; |
18 | | (20) the dollar volume of past due accounts, by |
19 | | customer class and utility service, for customers with |
20 | | past due amounts greater than 30 days past due at the |
21 | | beginning of the month and taking service at the beginning |
22 | | of the month under existing deferred payment arrangements; |
23 | | (21) the number of customers, by customer class and |
24 | | utility service, with past due amounts greater than 30 |
25 | | days past due at the beginning of the month and not taking |
26 | | service at the beginning of the month under existing |
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1 | | deferred payment arrangements; and |
2 | | (22) the dollar volume of past due accounts, by |
3 | | customer class and utility service, for customers with |
4 | | past due amounts greater than 30 days past due at the |
5 | | beginning of the month and not taking service at the |
6 | | beginning of the month under existing deferred payment |
7 | | arrangements. |
8 | | (c) The Commission may specify the executable, electronic |
9 | | spreadsheet format that utilities must adhere to when |
10 | | submitting the information required by this Section. |
11 | | Notwithstanding the requirements of this Section, the |
12 | | Commission may establish an online reporting system and |
13 | | require each public utility to report using the online |
14 | | reporting system instead of filing information in executable, |
15 | | electronic spreadsheet format. The Commission shall make each |
16 | | monthly report submitted by each public utility publicly |
17 | | available on its website within 30 days of receipt. |
18 | | (220 ILCS 5/8-218 new) |
19 | | Sec. 8-218. Utility-scale pilot projects. |
20 | | (a) Electric utilities serving greater than 500,000 |
21 | | customers but less than 3,000,000 customers may propose, plan |
22 | | for, construct, install, control, own, manage, or operate up |
23 | | to 2 pilot projects consisting of utility-scale photovoltaic |
24 | | energy generation facilities. Energy storage facilities that |
25 | | are planned for, constructed, installed, controlled, owned, |
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1 | | managed, or operated may be constructed in connection with the |
2 | | photovoltaic electricity generation pilot projects. |
3 | | (b) Pilot projects shall be sited in equity investment |
4 | | eligible communities in or near the towns of Peoria and East |
5 | | St. Louis and must result in economic benefits for the members |
6 | | of the communities in which the project will be located. The |
7 | | amount paid per pilot project with or without energy storage |
8 | | facilities cannot exceed $20,000,000. The electric utility's |
9 | | costs of planning for, constructing, installing, controlling, |
10 | | owning, managing, or operating the photovoltaic electricity |
11 | | generation facilities and energy storage facilities may be |
12 | | recovered, on a kilowatt hour basis, via an automatic |
13 | | adjustment clause tariff applicable to all retail customers, |
14 | | with the tariff to be approved by the Commission after |
15 | | opportunity for review, and with an annual reconciliation |
16 | | component; and for purposes of cost recovery, the photovoltaic |
17 | | electricity production facilities may be treated as regulatory |
18 | | assets, using the same ratemaking treatment in paragraph (1) |
19 | | of subsection (h) of Section 16-107.6 of this Act, provided: |
20 | | (1) the Commission shall have the authority to determine the |
21 | | reasonableness of the costs of the facilities, and (2) any |
22 | | monetary value of power and energy from the facilities shall |
23 | | be credited against the delivery services revenue requirement. |
24 | | (c) Any electric utility seeking to propose, plan for, |
25 | | construct, install, control, own, manage, or operate a pilot |
26 | | project pursuant to this Section must commit to using a |
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1 | | diverse and equitable workforce and a diverse set of |
2 | | contractors, including minority-owned businesses, |
3 | | disadvantaged businesses, trade unions, graduates of any |
4 | | workforce training programs established by this amendatory Act |
5 | | of the 102nd General Assembly, and small businesses. An |
6 | | electric utility must comply with the equity commitment |
7 | | requirements in subsection (c-10) of Section 1-75 of the |
8 | | Illinois Power Agency Act. The electric utility must certify |
9 | | that not less than the prevailing wage will be paid to |
10 | | employees engaged in construction activities associated with |
11 | | the pilot project. The electric utility must file a project |
12 | | labor agreement, as defined in the Illinois Power Agency Act, |
13 | | with the Commission prior to constructing, installing, |
14 | | controlling, or owning a pilot project authorized by this |
15 | | Section. |
16 | | (220 ILCS 5/8-402.2 new) |
17 | | Sec. 8-402.2. Public Schools Carbon-Free Assessment |
18 | | programs. |
19 | | (a) Within one year after the effective date of this |
20 | | amendatory
Act of the 102nd General Assembly, each electric |
21 | | utility serving over
500,000 retail customers in this State |
22 | | shall implement a Public
Schools Carbon-Free Assessment |
23 | | program. |
24 | | (b) Each utility's Public Schools Carbon-Free Assessment |
25 | | program
shall include the following requirements: |
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1 | | (1) Each plan shall be designed to offer within the
|
2 | | utility's service territory to assist public schools, as |
3 | | defined
by Section 1-3 of the School Code, to increase the |
4 | | efficiency of
their energy usage, to reduce the carbon |
5 | | emissions associated
with their energy usage, and to move |
6 | | toward a goal of public
schools being carbon-free in their |
7 | | energy usage by 2030. The
program shall include a target |
8 | | of completing Public Schools
Carbon-Free Assessment for |
9 | | all public schools in the utility's
service territory by |
10 | | December 31, 2029. |
11 | | (2) The Public Schools Carbon-Free Assessment shall be |
12 | | a
generally standardized assessment, but may incorporate |
13 | | flexibility
to reflect the circumstances of individual |
14 | | public schools and
public school districts. |
15 | | (3) The Public Schools Carbon-Free Assessment shall
|
16 | | include, but not be limited to, comprehensive analyses of |
17 | | the
following subjects: |
18 | | (A) The top energy efficiency savings |
19 | | opportunities
for the public school, by energy saved; |
20 | | (B) The total achievable solar energy potential on |
21 | | or
nearby a public school's premises and able to |
22 | | provide power
to a school; |
23 | | (C) The infrastructure required to support
|
24 | | electrification of the facility's space heating and |
25 | | water
heating needs; |
26 | | (D) The infrastructure requirements to support
|
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1 | | electrification of a school's transportation needs; |
2 | | and |
3 | | (E) The investments required to achieve a WELL
|
4 | | Certification or similar certification as determined
|
5 | | through methods developed and updated by the |
6 | | International
WELL Building Institute or similar or |
7 | | successor
organizations. |
8 | | (4) The Public Schools Carbon-Free Assessment also |
9 | | shall
include, but not be limited to, mechanical |
10 | | insulation evaluation
inspection and inspection of the |
11 | | building envelope(s). |
12 | | (5) With respect to those public school construction
|
13 | | projects for public schools within the service territory |
14 | | of a
utility serving over 500,000 retail customers in this |
15 | | State and
for which a public school district applies for a |
16 | | grant under
Section 5-40 of the School Construction Law on |
17 | | or after June 1,
2023, the district must submit a copy of |
18 | | the applicable Public
Schools Carbon-Free Assessment |
19 | | report, or, if no such Public
Schools Carbon-Free |
20 | | Assessment has been performed, request the
applicable |
21 | | utility to perform such a Public Schools Carbon-Free
|
22 | | Assessment and submit a copy of the Public Schools |
23 | | Carbon-Free
Assessment report promptly when it becomes |
24 | | available. The Public Schools Carbon-Free Assessment |
25 | | report shall include, but not limited to, an energy audit |
26 | | of both the building envelope and the building's |
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1 | | mechanical insulation system. It shall also include an |
2 | | inspection of both the building envelope and the |
3 | | mechanical insulation system. The district must |
4 | | demonstrate how the construction
project is designed and |
5 | | managed to achieve the goals that all
public elementary |
6 | | and secondary school facilities in the State
are able to |
7 | | be powered by clean energy by 2030, and for such
|
8 | | facilities to achieve carbon-free energy sources for space |
9 | | heat,
water heat, and transportation by 2050. |
10 | | (6) The results of each Public Schools Carbon-Free
|
11 | | Assessment shall be memorialized by the utility or by a |
12 | | third
party acting on behalf of the utility in a usable |
13 | | report form and
shall be provided to the applicable public |
14 | | school. Each utility
shall be required to retain a copy of |
15 | | each Public Schools
Carbon-Free Assessment report and to |
16 | | provide confidential copies
of each report to the Illinois |
17 | | Power Agency and the Illinois
Capital Development Board |
18 | | within 3 months of its completion. |
19 | | (7) The Public Schools Carbon-Free Assessment shall be
|
20 | | conducted in coordination with each utility's energy |
21 | | efficiency
and demand-response plans under Sections 8-103, |
22 | | 8-103A, and
8-103B of this Act, to the extent applicable. |
23 | | Nothing in this
Section is intended to modify or require |
24 | | modification of those
plans. However, the utility may |
25 | | request a modification of a plan
approved by the |
26 | | Commission, and the Commission may approve the
requested |
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1 | | modification, if the modification is consistent with
the |
2 | | provisions of this Section and Section 8-103B of this Act. |
3 | | (8) If there are no other providers of assessments |
4 | | that are
substantively the same as those being performed |
5 | | by utilities
pursuant to this Section by 2024, a utility |
6 | | that has a Public
Schools Carbon-Free Assessment program |
7 | | may offer assessments to
public schools that are not |
8 | | served by a utility subject to this
Section at the |
9 | | utility's cost. |
10 | | (9) The Public Schools Carbon-Free Assessment shall be
|
11 | | offered to and performed for public schools in the |
12 | | utility's
service territory on a complimentary basis by |
13 | | each utility, with
no Assessment fee charged to the public |
14 | | schools for the
Assessments. Nothing in this Section is |
15 | | intended to prohibit the
utility from recovering through |
16 | | rates approved by the Commission
the utility's prudent and |
17 | | reasonable costs of complying with this
Section. |
18 | | (10) Utilities shall make efforts to prioritize the
|
19 | | completion of Public Schools Carbon-Free Assessments for |
20 | | the
following school districts by December 31, 2022: East |
21 | | St. Louis
School District 189, Harvey School District 152, |
22 | | Thornton
Township High School District 205. |
23 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) |
24 | | Sec. 8-406. Certificate of public convenience and |
25 | | necessity. |
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1 | | (a) No public utility not owning any city or village
|
2 | | franchise nor engaged in performing any public service or in |
3 | | furnishing any
product or commodity within this State as of |
4 | | July 1, 1921 and not
possessing a certificate of
public |
5 | | convenience and necessity from the Illinois Commerce |
6 | | Commission,
the State Public Utilities Commission or
the |
7 | | Public Utilities Commission, at the time this amendatory Act |
8 | | of 1985 goes
into effect, shall transact any business in this |
9 | | State until it shall have
obtained a certificate from the |
10 | | Commission that public convenience and
necessity require the |
11 | | transaction of such business. |
12 | | (b) No public utility shall begin the construction of any |
13 | | new plant,
equipment, property or facility which is not in |
14 | | substitution of any
existing plant, equipment, property or |
15 | | facility or any extension or
alteration thereof or in addition |
16 | | thereto,
unless and until it shall have obtained from the
|
17 | | Commission a certificate that public convenience and necessity |
18 | | require such
construction. Whenever after a hearing the |
19 | | Commission determines that any
new construction or the |
20 | | transaction of any business by a public utility will
promote |
21 | | the public convenience and is necessary thereto, it shall have |
22 | | the
power to issue certificates of public convenience and |
23 | | necessity. The
Commission shall determine that proposed |
24 | | construction will promote the
public convenience and necessity |
25 | | only if the utility demonstrates: (1) that the
proposed |
26 | | construction is necessary to provide adequate, reliable, and
|
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1 | | efficient service to its customers and is the
least-cost means |
2 | | of
satisfying the service needs of its customers or that the |
3 | | proposed construction will promote the development of an |
4 | | effectively competitive electricity market that operates |
5 | | efficiently, is equitable to all customers, and is the least |
6 | | cost means of satisfying those objectives;
(2) that the |
7 | | utility is capable of efficiently managing and
supervising the |
8 | | construction process and has taken sufficient action to
ensure |
9 | | adequate and efficient construction and supervision thereof; |
10 | | and (3)
that the utility is capable of financing the proposed |
11 | | construction without
significant adverse financial |
12 | | consequences for the utility or its
customers. |
13 | | (b-5) As used in this subsection (b-5): |
14 | | "Qualifying direct current applicant" means an entity that |
15 | | seeks to provide direct current bulk transmission service for |
16 | | the purpose of transporting electric energy in interstate |
17 | | commerce. |
18 | | "Qualifying direct current project" means a high voltage |
19 | | direct current electric service line that crosses at least one |
20 | | Illinois border, the Illinois portion of which is physically |
21 | | located within the region of the Midcontinent Independent |
22 | | System Operator, Inc., or its successor organization, and runs |
23 | | through the counties of Pike, Scott, Greene, Macoupin, |
24 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is |
25 | | capable of transmitting electricity at voltages of 345kv or |
26 | | above, and may also include associated interconnected |
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1 | | alternating current interconnection facilities in this State |
2 | | that are part of the proposed project and reasonably necessary |
3 | | to connect the project with other portions of the grid. |
4 | | Notwithstanding any other provision of this Act, a |
5 | | qualifying direct current applicant that does not own, |
6 | | control, operate, or manage, within this State, any plant, |
7 | | equipment, or property used or to be used for the transmission |
8 | | of electricity at the time of its application or of the |
9 | | Commission's order may file an application on or before |
10 | | December 31, 2023 with the Commission pursuant to this Section |
11 | | or Section 8-406.1 for, and the Commission may grant, a |
12 | | certificate of public convenience and necessity to construct, |
13 | | operate, and maintain a qualifying direct current project. The |
14 | | qualifying direct current applicant may also include in the |
15 | | application requests for authority under Section 8-503. The |
16 | | Commission shall grant the application for a certificate of |
17 | | public convenience and necessity and requests for authority |
18 | | under Section 8-503 if it finds that the qualifying direct |
19 | | current applicant and the proposed qualifying direct current |
20 | | project satisfy the requirements of this subsection and |
21 | | otherwise satisfy the criteria of this Section or Section |
22 | | 8-406.1 and the criteria of Section 8-503, as applicable to |
23 | | the application and to the extent such criteria are not |
24 | | superseded by the provisions of this subsection. The |
25 | | Commission's order on the application for the certificate of |
26 | | public convenience and necessity shall also include the |
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1 | | Commission's findings and determinations on the request or |
2 | | requests for authority pursuant to Section 8-503. Prior to |
3 | | filing its application under either this Section or Section |
4 | | 8-406.1, the qualifying direct current applicant shall conduct |
5 | | 3 public meetings in accordance with subsection (h) of this |
6 | | Section. If the qualifying direct current applicant |
7 | | demonstrates in its application that the proposed qualifying |
8 | | direct current project is designed to deliver electricity to a |
9 | | point or points on the electric transmission grid in either or |
10 | | both the PJM Interconnection, LLC or the Midcontinent |
11 | | Independent System Operator, Inc., or their respective |
12 | | successor organizations, the proposed qualifying direct |
13 | | current project shall be deemed to be, and the Commission |
14 | | shall find it to be, for public use. If the qualifying direct |
15 | | current applicant further demonstrates in its application that |
16 | | the proposed transmission project has a capacity of 1,000 |
17 | | megawatts or larger and a voltage level of 345 kilovolts or |
18 | | greater, the proposed transmission project shall be deemed to |
19 | | satisfy, and the Commission shall find that it satisfies, the |
20 | | criteria stated in item (1) of subsection (b) of this Section |
21 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as |
22 | | applicable to the application, without the taking of |
23 | | additional evidence on these criteria. Prior to the transfer |
24 | | of functional control of any transmission assets to a regional |
25 | | transmission organization, a qualifying direct current |
26 | | applicant shall request Commission approval to join a regional |
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1 | | transmission organization in an application filed pursuant to |
2 | | this subsection (b-5) or separately pursuant to Section 7-102 |
3 | | of this Act. The Commission may grant permission to a |
4 | | qualifying direct current applicant to join a regional |
5 | | transmission organization if it finds that the membership, and |
6 | | associated transfer of functional control of transmission |
7 | | assets, benefits Illinois customers in light of the attendant |
8 | | costs and is otherwise in the public interest. Nothing in this |
9 | | subsection (b-5) requires a qualifying direct current |
10 | | applicant to join a regional transmission organization. |
11 | | Nothing in this subsection (b-5) requires the owner or |
12 | | operator of a high voltage direct current transmission line |
13 | | that is not a qualifying direct current project to obtain a |
14 | | certificate of public convenience and necessity to the extent |
15 | | it is not otherwise required by this Section 8-406 or any other |
16 | | provision of this Act. |
17 | | (c) After the effective date of this amendatory Act of |
18 | | 1987, no
construction shall commence on any new nuclear
power |
19 | | plant to be located within this State, and no certificate of |
20 | | public
convenience and necessity or other authorization shall |
21 | | be issued therefor
by the Commission, until the Director of |
22 | | the Illinois Environmental
Protection Agency finds that the |
23 | | United States Government, through its
authorized agency, has |
24 | | identified and approved a demonstrable technology or
means for |
25 | | the disposal of high level nuclear waste, or until such
|
26 | | construction has been specifically approved by a statute |
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1 | | enacted by the General
Assembly. |
2 | | As used in this Section, "high level nuclear waste" means |
3 | | those aqueous
wastes resulting from the operation of the first |
4 | | cycle of the solvent
extraction system or equivalent and the |
5 | | concentrated wastes of the
subsequent extraction cycles or |
6 | | equivalent in a facility for reprocessing
irradiated reactor |
7 | | fuel and shall include spent fuel assemblies prior to
fuel |
8 | | reprocessing. |
9 | | (d) In making its determination, the Commission shall |
10 | | attach primary
weight to the cost or cost savings to the |
11 | | customers of the utility. The
Commission may consider any or |
12 | | all factors which will or may affect such
cost or cost savings, |
13 | | including the public utility's engineering judgment regarding |
14 | | the materials used for construction. |
15 | | (e) The Commission may issue a temporary certificate which |
16 | | shall remain
in force not to exceed one year in cases of |
17 | | emergency, to assure maintenance
of adequate service or to |
18 | | serve particular customers, without notice or
hearing, pending |
19 | | the determination of an application for a certificate, and
may |
20 | | by regulation exempt from the requirements of this Section |
21 | | temporary
acts or operations for which the issuance of a |
22 | | certificate will not be
required in the public interest. |
23 | | A public utility shall not be required to obtain but may |
24 | | apply for and
obtain a certificate of public convenience and |
25 | | necessity pursuant to this
Section with respect to any matter |
26 | | as to which it has received the
authorization or order of the |
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1 | | Commission under the Electric Supplier Act,
and any such |
2 | | authorization or order granted a public utility by the
|
3 | | Commission under that Act shall as between public utilities be |
4 | | deemed to
be, and shall have except as provided in that Act the |
5 | | same force and effect
as, a certificate of public convenience |
6 | | and necessity issued pursuant to this
Section. |
7 | | No electric cooperative shall be made or shall become a |
8 | | party to or shall
be entitled to be heard or to otherwise |
9 | | appear or participate in any
proceeding initiated under this |
10 | | Section for authorization of power plant
construction and as |
11 | | to matters as to which a remedy is available under The
Electric |
12 | | Supplier Act. |
13 | | (f) Such certificates may be altered or modified by the |
14 | | Commission, upon
its own motion or upon application by the |
15 | | person or corporation affected.
Unless exercised within a |
16 | | period of 2 years from the grant thereof
authority conferred |
17 | | by a certificate of convenience and necessity issued by
the |
18 | | Commission shall be null and void. |
19 | | No certificate of public convenience and necessity shall |
20 | | be construed as
granting a monopoly or an exclusive privilege, |
21 | | immunity or franchise. |
22 | | (g) A public utility that undertakes any of the actions |
23 | | described in items (1) through (3) of this subsection (g) or |
24 | | that has obtained approval pursuant to Section 8-406.1 of this |
25 | | Act shall not be required to comply with the requirements of |
26 | | this Section to the extent such requirements otherwise would |
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1 | | apply. For purposes of this Section and Section 8-406.1 of |
2 | | this Act, "high voltage electric service line" means an |
3 | | electric line having a design voltage of 100,000 or more. For |
4 | | purposes of this subsection (g), a public utility may do any of |
5 | | the following: |
6 | | (1) replace or upgrade any existing high voltage |
7 | | electric service line and related facilities, |
8 | | notwithstanding its length; |
9 | | (2) relocate any existing high voltage electric |
10 | | service line and related facilities, notwithstanding its |
11 | | length, to accommodate construction or expansion of a |
12 | | roadway or other transportation infrastructure; or |
13 | | (3) construct a high voltage electric service line and |
14 | | related facilities that is constructed solely to serve a |
15 | | single customer's premises or to provide a generator |
16 | | interconnection to the public utility's transmission |
17 | | system and that will pass under or over the premises owned |
18 | | by the customer or generator to be served or under or over |
19 | | premises for which the customer or generator has secured |
20 | | the necessary right of way. |
21 | | (h) A public utility seeking to construct a high-voltage |
22 | | electric service line and related facilities (Project) must |
23 | | show that the utility has held a minimum of 2 pre-filing public |
24 | | meetings to receive public comment concerning the Project in |
25 | | each county where the Project is to be located, no earlier than |
26 | | 6 months prior to filing an application for a certificate of |
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1 | | public convenience and necessity from the Commission. Notice |
2 | | of the public meeting shall be published in a newspaper of |
3 | | general circulation within the affected county once a week for |
4 | | 3 consecutive weeks, beginning no earlier than one month prior |
5 | | to the first public meeting. If the Project traverses 2 |
6 | | contiguous counties and where in one county the transmission |
7 | | line mileage and number of landowners over whose property the |
8 | | proposed route traverses is one-fifth or less of the |
9 | | transmission line mileage and number of such landowners of the |
10 | | other county, then the utility may combine the 2 pre-filing |
11 | | meetings in the county with the greater transmission line |
12 | | mileage and affected landowners. All other requirements |
13 | | regarding pre-filing meetings shall apply in both counties. |
14 | | Notice of the public meeting, including a description of the |
15 | | Project, must be provided in writing to the clerk of each |
16 | | county where the Project is to be located. A representative of |
17 | | the Commission shall be invited to each pre-filing public |
18 | | meeting. |
19 | | (i) For applications filed after the effective date of |
20 | | this amendatory Act of the 99th General Assembly, the |
21 | | Commission shall by registered mail notify each owner of |
22 | | record of land, as identified in the records of the relevant |
23 | | county tax assessor, included in the right-of-way over which |
24 | | the utility seeks in its application to construct a |
25 | | high-voltage electric line of the time and place scheduled for |
26 | | the initial hearing on the public utility's application. The |
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1 | | utility shall reimburse the Commission for the cost of the |
2 | | postage and supplies incurred for mailing the notice. |
3 | | (Source: P.A. 99-399, eff. 8-18-15.) |
4 | | (220 ILCS 5/8-512 new) |
5 | | Sec. 8-512. Renewable energy access plan. |
6 | | (a) It is the policy of this State to promote |
7 | | cost-effective transmission system development that ensures |
8 | | reliability of the electric transmission system, lowers carbon |
9 | | emissions, minimizes long-term costs for consumers, and |
10 | | supports the electric policy goals of this State. The General |
11 | | Assembly finds that: |
12 | | (1) Transmission planning, primarily for reliability |
13 | | purposes, but also for economic and public policy reasons |
14 | | is conducted by regional transmission organizations in |
15 | | which transmission-owning Illinois utilities and other |
16 | | stakeholders are members. |
17 | | (2) Order No. 1000 of the Federal Energy Regulatory |
18 | | Commission requires regional transmission organizations to |
19 | | plan for transmission system needs in light of State |
20 | | public policies and to accept input from states during the |
21 | | transmission system planning processes. |
22 | | (3) The State of Illinois does not currently have a |
23 | | comprehensive power and environmental policy planning |
24 | | process to identify transmission infrastructure needs that
|
25 | | can serve as a vital input into the regional and |
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1 | | interregional transmission organization planning |
2 | | processes conducted under Order No. 1000 and other laws |
3 | | and regulations. |
4 | | (4) This State is an electricity generation and power |
5 | | transmission hub, and can leverage that position to invest |
6 | | in infrastructure that enables new and existing Illinois
|
7 | | generators to meet the public policy goals of the State of |
8 | | Illinois and of interconnected states while |
9 | | cost-effectively supporting tens of thousands of jobs in |
10 | | the renewable energy sector in this State. |
11 | | (5) The nation has a need to readily access this |
12 | | State's low-cost, clean electric power, and this State |
13 | | also desires access to clean energy resources in other |
14 | | states to develop and support its low-carbon economy and |
15 | | keep electricity prices low in Illinois and interconnected |
16 | | States. |
17 | | (6) Existing transmission infrastructure may constrain |
18 | | the State's achievement of 100% renewable energy by 2050, |
19 | | the accelerated adoption of electric vehicles in a just
|
20 | | and equitable way, and electrification of additional |
21 | | sectors of the Illinois economy. |
22 | | (7) Transmission system congestion within this State |
23 | | and the regional transmission organizations serving this |
24 | | State limits the ability of this State's existing and new |
25 | | electric generation facilities that do not emit carbon |
26 | | dioxide, including renewable energy resources and zero |
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1 | | emission facilities, to serve the public policy goals of |
2 | | this State and other states, which constrains investment |
3 | | in this State. |
4 | | (8) Investment in infrastructure to support existing |
5 | | and new electric generation facilities that do not emit |
6 | | carbon dioxide, including renewable energy resources and
|
7 | | zero emission facilities, stimulates significant economic |
8 | | development and job growth in this State, as well as |
9 | | creates environmental and public health benefits in this |
10 | | State. |
11 | | (9) Creating a forward-looking plan for this State's |
12 | | electric transmission infrastructure, as opposed to |
13 | | relying on case-by-case development and repeated marginal |
14 | | upgrades, will achieve a lower-cost system for Illinois' |
15 | | electricity customers. A forward-looking plan can also |
16 | | help integrate and achieve a comprehensive set of |
17 | | objectives and multiple state, regional, and national |
18 | | policy goals. |
19 | | (10) Alternatives to overhead electric transmission |
20 | | lines can achieve cost-effective resolution of system |
21 | | impacts and warrant investigation of the circumstances |
22 | | under which those alternatives should be considered and |
23 | | approved. The alternatives are likely to be beneficial as |
24 | | investment in electric transmission infrastructure moves |
25 | | forward. |
26 | | (11) Because transmission planning is conducted |
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1 | | primarily by the regional transmission organizations, the |
2 | | Commission should be advocating for the State's interests |
3 | | at the regional transmission organizations to ensure that |
4 | | such planning facilitates the State's policies and goals, |
5 | | including overall consumer savings, power system |
6 | | reliability, economic development, environmental |
7 | | improvement, and carbon reduction. |
8 | | (b) Consistent with the findings identified in subsection |
9 | | (a), the Commission shall open an investigation to develop and |
10 | | adopt a renewable energy access plan no later than December
|
11 | | 31, 2022. To assist and support the Commission in the |
12 | | development of the plan, the Commission shall retain the |
13 | | services of technical and policy experts with relevant fields
|
14 | | of expertise, solicit technical and policy analysis from the |
15 | | public, and provide for a 120-day open public comment period |
16 | | after publication of a draft report, which shall be published |
17 | | no later than 90 days after the comment period ends. The plan |
18 | | shall, at a minimum, do the following: |
19 | | (1) designate renewable energy access plan zones |
20 | | throughout this State in areas in which renewable energy |
21 | | resources and suitable land areas are sufficient for |
22 | | developing generating capacity from renewable energy |
23 | | technologies; |
24 | | (2) develop a plan to achieve transmission capacity |
25 | | necessary to deliver the electric output from renewable |
26 | | energy technologies in the renewable energy access plan |
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1 | | zones to customers in Illinois and other states in a |
2 | | manner that is most beneficial and cost-effective to |
3 | | customers; |
4 | | (3) use this State's position as an electricity |
5 | | generation and power transmission hub to create new |
6 | | investment in this State's renewable energy resources; |
7 | | (4) consider programs, policies, and electric |
8 | | transmission projects that can be adopted within this |
9 | | State that promote the cost-effective delivery of power |
10 | | from renewable energy resources interconnected to the bulk |
11 | | electric system to meet the renewable portfolio standard |
12 | | targets under subsection (c) of Section 1-75 of the |
13 | | Illinois Power Agency Act; |
14 | | (5) consider proposals to improve regional |
15 | | transmission organizations' regional and interregional |
16 | | system planning processes, especially proposals that |
17 | | reduce costs and emissions, create jobs, and increase |
18 | | State and regional power system reliability to prevent |
19 | | high-cost outages that can endanger lives, and analyze of |
20 | | how those proposals would improve reliability and |
21 | | cost-effective delivery of electricity in Illinois and the |
22 | | region; |
23 | | (6) make findings and policy recommendations based on |
24 | | technical and policy analysis regarding locations of |
25 | | renewable energy access plan zones and the transmission |
26 | | system developments needed to cost-effectively achieve the |
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1 | | public policy goals identified herein; and |
2 | | (7) present the Commission's conclusions and proposed |
3 | | recommendations based on its analysis and use the findings |
4 | | and policy recommendations to determine actions that the |
5 | | Commission should take. |
6 | | (c) No later than December 31, 2025, and every other year |
7 | | thereafter, the Commission shall open an investigation to |
8 | | develop and adopt an updated renewable energy access plan
|
9 | | that, at a minimum, evaluates the implementation and |
10 | | effectiveness of the renewable energy access plan, recommends |
11 | | improvements to the renewable energy access plan, and provides |
12 | | changes to transmission capacity necessary to deliver electric |
13 | | output from the renewable energy access plan zones. |
14 | | (220 ILCS 5/9-228 new) |
15 | | Sec. 9-228. Limits on public utility expenses. The |
16 | | Commission shall not consider any of the following as an |
17 | | expense of any public utility company, including any |
18 | | allocation of those costs to the public utility from an |
19 | | affiliate or corporate parent, for the purpose of determining |
20 | | any rate or charge, any amount expended for: |
21 | | (1) the pension or other post-employment benefits for |
22 | | an employee convicted of committing a criminal act in the |
23 | | course of his or her work with the utility; |
24 | | (2) any severance or post-employment costs for an |
25 | | employee convicted of committing a criminal act in the |
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| | SB2408 Enrolled | - 687 - | LRB102 11366 BMS 16699 b |
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1 | | course of his or her work with the utility; or |
2 | | (3) criminal penalties, fines, fees, and costs related |
3 | | to criminal charges, criminal investigations, or deferred |
4 | | prosecution agreements. |
5 | | (220 ILCS 5/9-229)
|
6 | | Sec. 9-229. Consideration of attorney and expert |
7 | | compensation as an expense and intervenor compensation fund . |
8 | | (a) The Commission shall specifically assess the justness |
9 | | and reasonableness of any amount expended by a public utility |
10 | | to compensate attorneys or technical experts to prepare and |
11 | | litigate a general rate case filing. This issue shall be |
12 | | expressly addressed in the Commission's final order.
|
13 | | (b) The State of Illinois shall create a Consumer |
14 | | Intervenor Compensation Fund subject to the following: |
15 | | (1) Provision of compensation for Consumer Interest |
16 | | Representatives that intervene in Illinois Commerce |
17 | | Commission proceedings will increase public engagement, |
18 | | encourage additional transparency, expand the information |
19 | | available to the Commission, and improve decision-making. |
20 | | (2) As used in this Section, "Consumer interest |
21 | | representative" means: |
22 | | (A) a residential utility customer or group of |
23 | | residential utility customers represented by a |
24 | | not-for-profit group or organization registered with |
25 | | the Illinois Attorney General under the Solicitation |
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| | SB2408 Enrolled | - 688 - | LRB102 11366 BMS 16699 b |
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1 | | of Charity Act; |
2 | | (B) representatives of not-for-profit groups or |
3 | | organizations whose membership is limited to |
4 | | residential utility customers; or |
5 | | (C) representatives of not-for-profit groups or |
6 | | organizations whose membership includes Illinois |
7 | | residents and that address the community, economic, |
8 | | environmental, or social welfare of Illinois |
9 | | residents, except government agencies or intervenors |
10 | | specifically authorized by Illinois law to participate |
11 | | in Commission proceedings on behalf of Illinois |
12 | | consumers. |
13 | | (3) A consumer interest representative is eligible to |
14 | | receive compensation from the consumer intervenor |
15 | | compensation fund if its participation included lay or |
16 | | expert testimony or legal briefing and argument concerning |
17 | | the expenses, investments, rate design, rate impact, or |
18 | | other matters affecting the pricing, rates, costs or other |
19 | | charges associated with utility service, the Commission |
20 | | adopts a material recommendation related to a significant |
21 | | issue in the docket, and participation caused a |
22 | | significant financial hardship to the participant; |
23 | | however, no consumer interest representative shall be |
24 | | eligible to receive an award pursuant to this Section if |
25 | | the consumer interest representative receives any |
26 | | compensation, funding, or donations, directly or |
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1 | | indirectly, from parties that have a financial interest in |
2 | | the outcome of the proceeding. |
3 | | (4) Within 30 days after the effective date of this |
4 | | amendatory Act of the 102nd General Assembly, each utility |
5 | | that files a request for an increase in rates under |
6 | | Article IX or Article XVI shall deposit an amount equal to |
7 | | one half of the rate case attorney and expert expense |
8 | | allowed by the Commission, but not to exceed $500,000, |
9 | | into the fund within 35 days of the date of the |
10 | | Commission's final Order in the rate case or 20 days after |
11 | | the denial of rehearing under Section 10-113 of this Act, |
12 | | whichever is later. The Consumer Intervenor Compensation |
13 | | Fund shall be used to provide payment to consumer interest |
14 | | representatives as described in this Section. |
15 | | (5) An electric public utility with 3,000,000 or more |
16 | | retail customers shall contribute $450,000 to the Consumer |
17 | | Intervenor Compensation Fund within 60 days after the |
18 | | effective date of this amendatory Act of the 102nd General |
19 | | Assembly. A combined electric and gas public utility |
20 | | serving fewer than 3,000,000 but more than 500,000 retail |
21 | | customers shall contribute $225,000 to the Consumer |
22 | | Intervenor Compensation Fund within 60 days after the |
23 | | effective date of this amendatory Act of the 102nd General |
24 | | Assembly. A gas public utility with 1,500,000 or more |
25 | | retail customers that is not a combined electric and gas |
26 | | public utility shall contribute $225,000 to the Consumer |
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| | SB2408 Enrolled | - 690 - | LRB102 11366 BMS 16699 b |
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1 | | Intervenor Compensation Fund within 60 days after the |
2 | | effective date of this amendatory Act of the 102nd General |
3 | | Assembly. A gas public utility with fewer than 1,500,000 |
4 | | retail customers but more than 300,000 retail customers |
5 | | that is not a combined electric and gas public utility |
6 | | shall contribute $80,000 to the Consumer Intervenor |
7 | | Compensation Fund within 60 days after the effective date |
8 | | of this amendatory Act of the 102nd General Assembly. A |
9 | | gas public utility with fewer than 300,000 retail |
10 | | customers that is not a combined electric and gas public |
11 | | utility shall contribute $20,000 to the Consumer |
12 | | Intervenor Compensation Fund within 60 days after the |
13 | | effective date of this amendatory Act of the 102nd General |
14 | | Assembly. A combined electric and gas public utility |
15 | | serving fewer than 500,000 retail customers shall |
16 | | contribute $20,000 to the Consumer Intervenor Compensation |
17 | | Fund within 60 days after the effective date of this |
18 | | amendatory Act of the 102nd General Assembly. A water or |
19 | | sewer public utility serving more than 100,000 retail |
20 | | customers shall contribute $80,000, and a water or sewer |
21 | | public utility serving fewer than 100,000 but more than |
22 | | 10,000 retail customers shall contribute $20,000. |
23 | | (6)(A) Prior to the entry of a Final Order in a |
24 | | docketed case, the Commission Administrator shall provide |
25 | | a payment to a consumer interest representative that |
26 | | demonstrates through a verified application for funding |
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1 | | that the consumer interest representative's participation |
2 | | or intervention without an award of fees or costs imposes |
3 | | a significant financial hardship based on a schedule to be |
4 | | developed by the Commission. The Administrator may require |
5 | | verification of costs incurred, including statements of |
6 | | hours spent, as a condition to paying the consumer |
7 | | interest representative prior to the entry of a Final |
8 | | Order in a docketed case. |
9 | | (B) If the Commission adopts a material recommendation |
10 | | related to a significant issue in the docket and |
11 | | participation caused a financial hardship to the |
12 | | participant, then the consumer interest representative |
13 | | shall be allowed payment for some or all of the consumer |
14 | | interest representative's reasonable attorney's or |
15 | | advocate's fees, reasonable expert witness fees, and other |
16 | | reasonable costs of preparation for and participation in a |
17 | | hearing or proceeding. Expenses related to travel or meals |
18 | | shall not be compensable. |
19 | | (C) The consumer interest representative shall submit |
20 | | an itemized request for compensation to the Consumer |
21 | | Intervenor Compensation Fund, including the advocate's or |
22 | | attorney's reasonable fee rate, the number of hours |
23 | | expended, reasonable expert and expert witness fees, and |
24 | | other reasonable costs for the preparation for and |
25 | | participation in the hearing and briefing within 30 days |
26 | | of the Commission's final order after denial or decision |
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1 | | on rehearing, if any. |
2 | | (7) Administration of the Fund. |
3 | | (A) The Consumer Intervenor Compensation Fund is |
4 | | created as a special fund in the State treasury. All |
5 | | disbursements from the Consumer Intervenor Compensation |
6 | | Fund shall be made only upon warrants of the Comptroller |
7 | | drawn upon the Treasurer as custodian of the Fund upon |
8 | | vouchers signed by the Executive Director of the |
9 | | Commission or by the person or persons designated by the |
10 | | Director for that purpose. The Comptroller is authorized |
11 | | to draw the warrant upon vouchers so signed. The Treasurer |
12 | | shall accept all warrants so signed and shall be released |
13 | | from liability for all payments made on those warrants. |
14 | | The Consumer Intervenor Compensation Fund shall be |
15 | | administered by an Administrator that is a person or |
16 | | entity that is independent of the Commission. The |
17 | | administrator will be responsible for the prudent |
18 | | management of the Consumer Intervenor Compensation Fund |
19 | | and for recommendations for the award of consumer |
20 | | intervenor compensation from the Consumer Intervenor |
21 | | Compensation Fund. The Commission shall issue a request |
22 | | for qualifications for a third-party program administrator |
23 | | to administer the Consumer Intervenor Compensation Fund. |
24 | | The third-party administrator shall be chosen through a |
25 | | competitive bid process based on selection criteria and |
26 | | requirements developed by the Commission. The Illinois |
|
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1 | | Procurement Code does not apply to the hiring or payment |
2 | | of the Administrator. All Administrator costs may be paid |
3 | | for using monies from the Consumer Intervenor Compensation |
4 | | Fund, but the Program Administrator shall strive to |
5 | | minimize costs in the implementation of the program. |
6 | | (B) The computation of compensation awarded from the |
7 | | fund shall take into consideration the market rates paid |
8 | | to persons of comparable training and experience who offer |
9 | | similar services, but may not exceed the comparable market |
10 | | rate for services paid by the public utility as part of its |
11 | | rate case expense. |
12 | | (C)(1) Recommendations on the award of compensation by |
13 | | the administrator shall include consideration of whether |
14 | | the Commission adopted a material recommendation related |
15 | | to a significant issue in the docket and whether |
16 | | participation caused a financial hardship to the |
17 | | participant and the payment of compensation is fair, just |
18 | | and reasonable. |
19 | | (2) Recommendations on the award of compensation by |
20 | | the administrator shall be submitted to the Commission for |
21 | | approval. Unless the Commission initiates an investigation |
22 | | within 45 days after the notice to the Commission, the |
23 | | award of compensation shall be allowed 45 days after |
24 | | notice to the Commission. Such notice shall be given by |
25 | | filing with the Commission on the Commission's e-docket |
26 | | system, and keeping open for public inspection the award |
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1 | | for compensation proposed by the Administrator. The |
2 | | Commission shall have power, and it is hereby given |
3 | | authority, either upon complaint or upon its own |
4 | | initiative without complaint, at once, and if it so |
5 | | orders, without answer or other formal pleadings, but upon |
6 | | reasonable notice, to enter upon a hearing concerning the |
7 | | propriety of the award. |
8 | | (c) The Commission may adopt rules to implement this |
9 | | Section. |
10 | | (Source: P.A. 96-33, eff. 7-10-09.)
|
11 | | (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)
|
12 | | Sec. 9-241.
No public utility shall, as to rates or other |
13 | | charges,
services, facilities or in other respect, make or |
14 | | grant any preference
or advantage to any corporation or person |
15 | | or subject any corporation or
person to any prejudice or |
16 | | disadvantage. No public utility shall
establish or maintain |
17 | | any unreasonable difference as to rates or other
charges, |
18 | | services, facilities, or in any other respect, either as
|
19 | | between localities or as between classes of service.
|
20 | | However, nothing in this Section shall be construed as |
21 | | limiting the
authority of the Commission to permit the |
22 | | establishment of economic
development rates as incentives to |
23 | | economic development either in
enterprise zones as designated |
24 | | by the State of Illinois or in other areas
of a utility's |
25 | | service area. Such rates should be available to existing
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1 | | businesses which demonstrate an increase to existing load as |
2 | | well as new
businesses which create new load for a utility so |
3 | | as to create a more balanced
utilization of generating |
4 | | capacity. The Commission shall ensure that such
rates are |
5 | | established at a level which provides a net benefit to |
6 | | customers
within a public utility's service area.
|
7 | | On or before January 1, 2023, the Commission shall conduct |
8 | | a comprehensive study to assess whether low-income discount |
9 | | rates for electric and natural gas residential customers are |
10 | | appropriate and the potential design and implementation of any |
11 | | such rates. The Commission shall include its findings, |
12 | | together with the appropriate recommendations, in a report to |
13 | | be provided to the General Assembly. Upon completion of the |
14 | | study, the Commission shall have the authority to permit or |
15 | | require electric and natural gas utilities to file a tariff |
16 | | establishing low-income discount rates. |
17 | | Such study shall assess, at a minimum, the following: |
18 | | (1) customer eligibility requirements, including |
19 | | income-based eligibility and eligibility based on |
20 | | participation in or eligibility for certain public |
21 | | assistance programs; |
22 | | (2) appropriate rate structures, including |
23 | | consideration of tiered discounts for different income |
24 | | levels; |
25 | | (3) appropriate recovery mechanisms, including the |
26 | | consideration of volumetric charges and customer charges; |
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1 | | (4) appropriate verification mechanisms; |
2 | | (5) measures to ensure customer confidentiality and |
3 | | data safeguards; |
4 | | (6) outreach and consumer education procedures; and |
5 | | (7) the impact that a low-income discount rate would |
6 | | have on the affordability of delivery service to |
7 | | low-income customers and customers overall. |
8 | | The Commission shall adopt rules requiring utility |
9 | | companies to produce information, in the form of a mailing, |
10 | | and other approved methods of distribution, to its consumers, |
11 | | to inform the consumers of available rebates, discounts, |
12 | | credits, and other cost-saving mechanisms that can help them |
13 | | lower their monthly utility bills, and send out such |
14 | | information semi-annually, unless otherwise provided by this |
15 | | Article. |
16 | | Prior to October 1, 1989, no public utility providing |
17 | | electrical
or gas service shall consider the use of solar or |
18 | | other nonconventional
renewable sources of energy by a |
19 | | customer as a basis for establishing higher
rates or charges |
20 | | for any service or commodity sold to such customer; nor
shall a |
21 | | public utility subject any customer utilizing such energy |
22 | | source
or sources to any other prejudice or disadvantage on |
23 | | account of such use.
No public utility shall without the |
24 | | consent of the Commission, charge or
receive any greater |
25 | | compensation in the aggregate for a lesser commodity,
product, |
26 | | or service than for a greater commodity, product or service of
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1 | | like character.
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2 | | The Commission, in order to expedite the determination of |
3 | | rate
questions, or to avoid unnecessary and unreasonable |
4 | | expense, or to avoid
unjust or unreasonable discrimination |
5 | | between classes of customers, or,
whenever in the judgment of |
6 | | the Commission public interest so requires,
may, for rate |
7 | | making and accounting purposes, or either of them,
consider
|
8 | | one or more municipalities either with or without the adjacent |
9 | | or
intervening rural territory as a regional unit where the |
10 | | same public
utility serves such region under substantially |
11 | | similar conditions, and may
within such region prescribe |
12 | | uniform rates for consumers or patrons of the same
class.
|
13 | | Any public utility, with the consent and approval of the |
14 | | Commission, may
as a basis for the determination of the |
15 | | charges made by it classify its
service according to the |
16 | | amount used, the time when used, the purpose for
which used, |
17 | | and other relevant factors.
|
18 | | (Source: P.A. 91-357, eff. 7-29-99.)
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19 | | (220 ILCS 5/16-105.5 new) |
20 | | Sec. 16-105.5. Rate case filing and revenue-neutral rate |
21 | | design. |
22 | | (a) An electric utility that files a general rate case |
23 | | pursuant to Section 9-201 of this Act or a Multi-Year Rate Plan |
24 | | pursuant to Section 16-108.18 of this Act may omit the rate |
25 | | design component of such filing and subsequently separately |
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1 | | file this component with the Commission, subject to the |
2 | | requirements of subsections (b) and (c) of this Section. |
3 | | (b) If the electric utility makes the election described |
4 | | in this Section, then the filing shall be consistent with the |
5 | | rate design and cost allocation across customer classes |
6 | | approved in the Commission's most recent order regarding the |
7 | | electric utility's request for a general adjustment to its |
8 | | rates entered under Section 9-201, subsection (e) of Section |
9 | | 16-108.5, or Section 16-108.18 of this Act, as applicable. |
10 | | (c) If the electric utility makes the election described |
11 | | in this Section, then the following provisions apply to the |
12 | | separate filing of the revenue-neutral rate design component: |
13 | | (1) No later than one year after the tariffs |
14 | | implementing the general rate case filing or Multi-year |
15 | | Rate Plan filing, as described in subsection (b) of this |
16 | | Section, are placed into effect, the electric utility |
17 | | shall make a filing with the Commission that proposes |
18 | | changes to the tariffs to incorporate the findings of any |
19 | | final rate design orders of the Commission applicable to |
20 | | the electric utility and entered subsequent to the |
21 | | Commission's approval of the tariffs. If no such orders |
22 | | have been entered, then the electric utility must submit |
23 | | its separate revenue-neutral rate design filing no later |
24 | | than 3 years after the date on which the Commission's most |
25 | | recent final rate design order was entered for the |
26 | | electric utility. The electric utility's separate |
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1 | | revenue-neutral rate design filing may either propose |
2 | | revenue-neutral tariff changes or refile the existing |
3 | | tariffs without change, which shall present the Commission |
4 | | with an opportunity to suspend the tariffs and consider |
5 | | revenue-neutral tariff changes related to rate design. The |
6 | | Commission shall, after notice and hearing, enter its |
7 | | order approving, or approving with modification, the |
8 | | proposed changes to the tariffs within 240 days after the |
9 | | electric utility's filing. Any changes ordered by the |
10 | | Commission shall become effective at the commencement of |
11 | | the first January monthly billing period that begins no |
12 | | earlier than 30 days after the Commission issues its order |
13 | | adopting such changes. |
14 | | (2) Following Commission approval under paragraph (1) |
15 | | of this subsection (c), the electric utility shall make a |
16 | | filing with the Commission during each subsequent 3-year |
17 | | period that either proposes revenue-neutral tariff changes |
18 | | or refiles the existing tariffs without change, which |
19 | | shall present the Commission with an opportunity to |
20 | | suspend the tariffs and consider revenue-neutral tariff |
21 | | changes related to rate design. The requirements of this |
22 | | paragraph (2) shall terminate at the time that the |
23 | | electric utility files a general rate case or Multi-Year |
24 | | Rate Plan that includes the rate design component. |
25 | | (220 ILCS 5/16-105.6 new) |
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1 | | Sec. 16-105.6. Amortization of charges or credits. |
2 | | (a) It is in the public interest to mitigate the customer |
3 | | bill impacts of large expenses incurred by electric utilities |
4 | | by directing that expenses exceeding the applicable threshold |
5 | | specified in this Section be amortized over the prescribed |
6 | | period. Such amortization will levelize customer bill impacts |
7 | | and, in many instances, better align the period of cost |
8 | | recovery with the period over which customers receive the |
9 | | benefit of the expenditure. Accordingly, an electric utility |
10 | | that files a general rate increase under Section 9-201 of this |
11 | | Act or a Multi-Year Rate Plan under Section 16-108.18 of this |
12 | | Act shall amortize, over a 5-year period, each charge or |
13 | | credit that exceeds the applicable amount identified in |
14 | | subsection (b) of this Section and that relates to (1) a |
15 | | workforce reduction program's severance costs; (2) changes in |
16 | | accounting rules; (3) changes in law; (4) compliance with any |
17 | | Commission-initiated audit; and (5) a single storm or weather |
18 | | system, or other similar expense. |
19 | | Any unamortized balance shall be reflected in rate base. |
20 | | In this Section, "changes in law" includes any enactment, |
21 | | repeal, or amendment in a law, ordinance, rule, regulation, |
22 | | interpretation, permit, license, consent, or order, including |
23 | | those relating to taxes, accounting, or environmental matters, |
24 | | or in the interpretation or application thereof by any |
25 | | governmental authority occurring after the effective date of |
26 | | this amendatory Act of the 102nd General Assembly. |
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1 | | Nothing in this Section is intended to prohibit the |
2 | | Commission from reviewing the prudence and reasonableness of |
3 | | the costs amortized pursuant to this Section. |
4 | | (b) An electric utility that serves more than 3,000,000 |
5 | | customers in the State shall amortize the full amount of each |
6 | | charge or credit described in subsection (a) of this Section |
7 | | that exceeds $10,000,000 in the applicable calendar year, and |
8 | | an electric utility that serves less than 3,000,000 customers |
9 | | in the State shall amortize the full amount of each such charge |
10 | | or credit that exceeds $3,700,000 in the applicable calendar |
11 | | year. |
12 | | (220 ILCS 5/16-105.7 new) |
13 | | Sec. 16-105.7. Revenue balancing adjustments. |
14 | | (a) It is in the public interest to decouple electric |
15 | | utility sales and revenues, to mitigate the impact on |
16 | | utilities of energy savings goals, to mitigate a utility's |
17 | | disincentive to promote energy efficiency, and to recognize |
18 | | changes in sales attributable to weather, electric vehicles |
19 | | and other electrification, adoption of distributed energy |
20 | | resources, and other volatile or uncontrollable factors |
21 | | without adversely affecting utility customers. |
22 | | (b) For the purposes of this Section, "reconciliation |
23 | | period" means a period beginning with the January monthly |
24 | | billing period and extending through the December monthly |
25 | | billing period of the same calendar year. |
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1 | | (c) As set forth in subsection (d) of this Section, the |
2 | | Commission shall approve a tariff by which distribution |
3 | | revenues shall be compared annually to the revenue requirement |
4 | | or requirements approved by the Commission on which the rates |
5 | | giving rise to those revenues were based to prevent |
6 | | undercollections or overcollections. An electric utility shall |
7 | | submit an annual revenue balancing reconciliation report to |
8 | | the Commission reflecting the difference between the actual |
9 | | delivery service revenue and multi-year rate case revenue |
10 | | requirement for the applicable reconciliation and identifying |
11 | | the charges or credits to be applied thereafter. Such |
12 | | reconciliation and calculation of associated charges or |
13 | | credits shall be conducted on a customer class basis. The |
14 | | annual revenue balancing reconciliation report shall be filed |
15 | | with the Commission no later than March 20 of the year |
16 | | following a reconciliation period. The Commission may initiate |
17 | | a review of the revenue balancing reconciliation report each |
18 | | year to determine if any subsequent adjustment is necessary to |
19 | | align actual delivery service revenue and rate case revenue |
20 | | requirement. If the Commission elects to initiate such review, |
21 | | the Commission shall, after notice and hearing, enter an order |
22 | | approving, or approving as modified, such revenue balancing |
23 | | reconciliation report no later than 120 days after the utility |
24 | | files its report with the Commission. If the Commission does |
25 | | not initiate such a review, the revenue balancing |
26 | | reconciliation report and the identified charges or credits |
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1 | | shall be deemed accepted and approved 120 days after the |
2 | | utility files the report and shall not be subject to review in |
3 | | any other proceeding. Any balancing adjustment shall take |
4 | | effect during the following January monthly billing period. |
5 | | (d) Each electric utility shall file a tariff in |
6 | | compliance with the provisions of this Section within 120 days |
7 | | after the effective date of this amendatory Act of the 102nd |
8 | | General Assembly. The Commission shall approve the tariff if |
9 | | it finds that it is consistent with the provisions of the |
10 | | Section. If the Commission does not so find, it shall approve |
11 | | the tariff with modification to conform it to the requirements |
12 | | of this Section or otherwise reject the tariff and explain how |
13 | | the utility can modify the tariff and refile to comply with the |
14 | | requirements of this Section. |
15 | | (220 ILCS 5/16-105.10 new) |
16 | | Sec. 16-105.10. Independent baseline assessment. |
17 | | (a) Prior to the filing of the initial Multi-Year |
18 | | Integrated Grid Plan described in Section 16-105.17 of this |
19 | | Act, the General Assembly finds that an independent audit of |
20 | | the current state of the grid, and of the expenditures made |
21 | | since 2012, will need to be made. |
22 | | Specifically, the General Assembly finds: |
23 | | (1) Pursuant to the Energy Infrastructure |
24 | | Modernization Act and subsequent clarifying legislation, |
25 | | electric utilities in this State that serve over 300,000 |
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1 | | retail customers have made substantial investments in the |
2 | | grid and advanced metering infrastructure. |
3 | | (2) Before a Multi-Year Integrated Grid Plan is filed |
4 | | under Section 16-105.17, it is necessary to understand the |
5 | | benefits of these investments to the grid and to customers |
6 | | and to evaluate the current condition of the distribution |
7 | | grid. |
8 | | (3) It is also necessary for electric utilities, the |
9 | | Commission, and stakeholders to have an independently |
10 | | verified set of data to establish the baseline for future |
11 | | distribution grid spending. |
12 | | (4) The Commission has authority to order and |
13 | | implement the requirements of this Section under Section |
14 | | 8-102 of this Act. |
15 | | (b) Terms used in this Section have the meanings given to |
16 | | those terms in Sections 16-102, 16-107.6, and 16-108 of this |
17 | | Act. |
18 | | (c) Within 30 days after the effective date of this |
19 | | amendatory Act of the 102nd General Assembly, the Commission |
20 | | shall issue an order initiating an audit of each electric |
21 | | utility serving over 300,000 retail customers in the State, |
22 | | which shall examine the following: |
23 | | (1) An assessment of the distribution grid, as |
24 | | described in paragraph (2) of subsection (a) of this |
25 | | Section. The Commission shall have the authority to |
26 | | require additional items which it deems necessary. |
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1 | | (2) An analysis of the utility's capital projects |
2 | | placed into service in the preceding 9 years, including, |
3 | | but not limited to, assessing the value of deploying |
4 | | advanced metering infrastructure to modernize and optimize |
5 | | the grid and deliver value to customers. |
6 | | (3) An analysis of the utility's initiatives to |
7 | | optimize the reliability and resiliency of the grid, other |
8 | | than through capital spending. |
9 | | (4) Creation of a data baseline to inform the |
10 | | beginning of the multi-year integrated grid planning |
11 | | process described in Section 16-105.17 of this Act. |
12 | | (5) Identification of any deficiencies in data which |
13 | | may impact the planning process. |
14 | | (d) It is contemplated that the auditor will utilize |
15 | | materials filed with the Commission by the utilities with |
16 | | respect to their expenditures in the preceding 9 years; |
17 | | however, the auditor may also, with Commission approval, |
18 | | assess other information deemed necessary to make its report. |
19 | | (e) The results of the audit described in this Section |
20 | | shall be reflected in a report delivered to the Commission, |
21 | | describing the information specified in this Section. Such |
22 | | report is to be delivered no later than 180 days after the |
23 | | Commission enters its order pursuant to subsection (c) of this |
24 | | Section. It is understood that any public report may not |
25 | | contain items that are confidential or proprietary. |
26 | | (f) The costs of an electric utility's audit described in |
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1 | | this Section shall not exceed $500,000 and shall be paid for by |
2 | | the electric utility that is the subject of the audit. Such |
3 | | costs shall be a recoverable expense. |
4 | | (g) The Commission shall have the authority to retain the |
5 | | services of an auditor to assist with the distribution |
6 | | planning process, as well as in docketed proceedings. Such |
7 | | expenses for these activities shall also be borne by the |
8 | | Commission. |
9 | | (220 ILCS 5/16-105.17 new) |
10 | | Sec. 16-105.17. Multi-Year Integrated Grid Plan. |
11 | | (a) The General Assembly finds that ensuring alignment of |
12 | | regulated utility operations, expenditures, and investments |
13 | | with public benefit goals, including safety, reliability, |
14 | | resiliency, affordability, equity, emissions reductions, and |
15 | | expansion of clean distributed energy resources, is critical |
16 | | to maximizing the benefits of the interconnected utility grid |
17 | | and cost-effective utility expenditures on the grid. It is the |
18 | | policy of the State to promote inclusive, comprehensive, |
19 | | transparent, cost-effective distribution system planning and |
20 | | disclosures processes that minimize long-term costs for |
21 | | Illinois customers and support the achievement of State |
22 | | renewable energy development and other clean energy, public |
23 | | health, and environmental policy goals. Utility distribution |
24 | | system expenditures, programs, investments, and policies must |
25 | | be evaluated in coordination with these goals. In particular, |
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1 | | the General Assembly finds that: |
2 | | (1) Investment in infrastructure to support and enable |
3 | | existing and new distributed energy resources creates |
4 | | significant economic development, environmental, and |
5 | | public health benefits in the State. |
6 | | (2) Illinois' electricity distribution system must |
7 | | cost-effectively integrate renewable energy resources, |
8 | | including utility-scale renewable energy resources, |
9 | | community renewable generation, and distributed renewable |
10 | | energy resources, support beneficial electrification, |
11 | | including electric vehicle use and adoption, promote |
12 | | opportunities for third-party investment in |
13 | | nontraditional, grid-related technologies and resources |
14 | | such as batteries, solar photovoltaic panels, and smart |
15 | | thermostats, reduce energy usage generally and especially |
16 | | during times of greatest reliance on fossil fuels, and |
17 | | enhance customer engagement opportunities. |
18 | | (3) Inclusive distribution system planning is an |
19 | | essential tool for the Commission, public utilities, and |
20 | | stakeholders to effectively coordinate environmental, |
21 | | consumer, reliability, and equity goals at fair and |
22 | | reasonable costs, and for ensuring transparent utility |
23 | | accountability for meeting those goals. |
24 | | (4) Any planning process should advance Illinois |
25 | | energy policy goals while ensuring utility investments are |
26 | | cost-effective. Such a process should maximize the sharing |
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1 | | of information, minimize overlap with existing filing |
2 | | requirements to ensure robust stakeholder participation, |
3 | | and recognize the responsibility of the utility to manage |
4 | | the grid in a safe, reliable manner. |
5 | | (5) The General Assembly is concerned that, in the |
6 | | absence of a transparent, meaningful distribution system |
7 | | planning process, utility investments may not always serve |
8 | | customers' best interests, appropriately promote the |
9 | | expansion of clean distributed energy resources, and |
10 | | advance equity and environmental justice. |
11 | | (6) The General Assembly is also encouraged by the |
12 | | opportunities presented by nontraditional solutions to |
13 | | utility, customer, and grid needs that may be more |
14 | | efficient and cost-effective, and less environmentally |
15 | | harmful than traditional solutions. Nontraditional |
16 | | solutions include distributed energy resources owned or |
17 | | implemented by customers and independent third parties, |
18 | | controllable load, beneficial electrification, or rate |
19 | | design that encourages efficient energy use. |
20 | | (7) The General Assembly finds that Illinois |
21 | | utilities' current processes for planning their |
22 | | distribution system should be made more accessible and |
23 | | transparent to individuals and communities, and that more |
24 | | inclusive and accessible distribution system planning |
25 | | processes would be in the interests of all Illinois |
26 | | residents. |
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1 | | (8) The General Assembly finds it would be beneficial |
2 | | to require utilities to demonstrate how their spending |
3 | | promotes identified State clean energy goals, such as |
4 | | integrating renewable energy, empowering customers to make |
5 | | informed choices, supporting electric vehicles, beneficial |
6 | | electrification, and energy storage, achieving equity |
7 | | goals, enhancing resilience, and maintaining reliability. |
8 | | The General Assembly therefore directs the utilities to |
9 | | implement distribution system planning as described in this |
10 | | Section in order to accelerate progress on Illinois clean |
11 | | energy and environmental goals and hold electric utilities |
12 | | publicly accountable for their performance. |
13 | | (b) Unless otherwise specified, the terms used in this |
14 | | Section shall have the same meanings as defined in Sections |
15 | | 16-102 and 16-107.6. As used in this Section: |
16 | | "Demand response" means measures that decrease peak |
17 | | electricity demand or shift demand from peak to off-peak |
18 | | periods. |
19 | | "Distributed energy resources" or "DER" means a wide range |
20 | | of technologies that are connected to the grid, including |
21 | | those that are located on the customer side of the customer's |
22 | | electric meter and can provide value to the distribution |
23 | | system, including, but not limited to, distributed generation, |
24 | | energy storage, electric vehicles, and demand response |
25 | | technologies. |
26 | | "Environmental justice communities" means the definition |
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1 | | of that term based on existing methodologies and findings, |
2 | | used and as may be updated by the Illinois Power Agency and its |
3 | | Program Administrator in the Illinois Solar for All Program. |
4 | | (c) This Section applies to electric utilities serving |
5 | | more than 500,000 retail customers in the State. |
6 | | (d) The Multi-Year Integrated Grid Plan ("the Plan") shall |
7 | | be designed to: |
8 | | (1) ensure coordination of the State's renewable |
9 | | energy goals, climate and environmental goals with the |
10 | | utility's distribution system investments, and programs |
11 | | and policies over a 5-year planning horizon to maximize |
12 | | the benefits of each while ensuring utility expenditures |
13 | | are cost-effective; |
14 | | (2) optimize utilization of electricity grid assets |
15 | | and resources to minimize total system costs; |
16 | | (3) support efforts to bring the benefits of grid |
17 | | modernization and clean energy, including, but not limited |
18 | | to, deployment of distributed energy resources, to all |
19 | | retail customers, and support efforts to bring at least |
20 | | 40% of the benefits of those benefits to Equity Investment |
21 | | Eligible Communities. Nothing in this paragraph is meant |
22 | | to require a specific amount of spending in a particular |
23 | | geographic area; |
24 | | (4) enable greater customer engagement, empowerment, |
25 | | and options for energy services; |
26 | | (5) reduce grid congestion, minimize the time and |
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1 | | expense associated with interconnection, and increase the |
2 | | capacity of the distribution grid to host increasing |
3 | | levels of distributed energy resources, to facilitate |
4 | | availability and development of distributed energy |
5 | | resources, particularly in locations that enhance consumer |
6 | | and environmental benefits; |
7 | | (6) ensure opportunities for robust public |
8 | | participation through open, transparent planning |
9 | | processes. |
10 | | (7) provide for the analysis of the cost-effectiveness |
11 | | of proposed system investments, which takes into account |
12 | | environmental costs and benefits; |
13 | | (8) to the maximum extent practicable, achieve or |
14 | | support the achievement of Illinois environmental goals, |
15 | | including those described in Section 9.10 of the |
16 | | Environmental Protection Act and Section 1-75 of the |
17 | | Illinois Power Agency Act, and emissions reductions |
18 | | required to improve the health, safety, and prosperity of |
19 | | all Illinois residents; |
20 | | (9) support existing Illinois policy goals promoting |
21 | | the long-term growth of energy efficiency, demand |
22 | | response, and investments in renewable energy resources; |
23 | | (10) provide sufficient public information to the |
24 | | Commission, stakeholders, and market participants in order |
25 | | to enable nonemitting customer-owned or third-party |
26 | | distributed energy resources, acting individually or in |
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1 | | aggregate, to seamlessly and easily connect to the grid, |
2 | | provide grid benefits, support grid services, and achieve |
3 | | environmental outcomes, without necessarily requiring |
4 | | utility ownership or controlling interest over those |
5 | | resources, and enable those resources to act as |
6 | | alternatives to utility capital investments; and |
7 | | (11) provide delivery services at rates that are |
8 | | affordable to all customers, including low-income |
9 | | customers. |
10 | | (e) Plan Development Stakeholder Process. |
11 | | (1) To promote the transparency of utility |
12 | | distributions system planned investments and the planning |
13 | | process for those investments, the Commission shall |
14 | | convene a workshop process, over a period of no less than 5 |
15 | | months, for each such utility for the purpose of |
16 | | establishing an open, inclusive, and cooperative forum |
17 | | regarding such investments. The workshops shall be |
18 | | facilitated by an independent, third-party facilitator |
19 | | selected by the Commission. Data and projections provided |
20 | | through the workshop process shall be designed to provide |
21 | | participants with information about the electric utility's |
22 | | (i) historic distribution system investments for at least |
23 | | the 5 years prior to the year in which the workshop is held |
24 | | and (ii) planned investments for the 5-year period |
25 | | following the year in which the workshop is held. The |
26 | | workshop process shall recognize that estimates for later |
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1 | | years will be less reliable and indicative of future |
2 | | conduct than estimates for earlier years and that the |
3 | | electric utility is subject to financial and system |
4 | | planning processes. No later than January 1, 2022, the |
5 | | facilitator shall initiate a series of workshops for each |
6 | | electric utility subject to this Section. The series of |
7 | | workshops shall include no fewer than 6 workshops and |
8 | | shall conclude no later than June 1, 2022. |
9 | | (2) The workshops shall be designed to achieve the |
10 | | following objectives: |
11 | | (A) review utilities' planned capital investments |
12 | | and supporting data; |
13 | | (B) review how utilities plan to invest in their |
14 | | distribution system in order to meet the system's |
15 | | projected needs; |
16 | | (C) review system and locational data on |
17 | | reliability, resiliency, DER, and service quality |
18 | | provided by the utilities; |
19 | | (D) solicit and consider input from diverse |
20 | | stakeholders, including representatives from |
21 | | environmental justice communities, geographically |
22 | | diverse communities, low-income representatives, |
23 | | consumer representatives, environmental |
24 | | representatives, organized labor representatives, |
25 | | third-party technology providers, and utilities; |
26 | | (E) consider proposals from utilities and |
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1 | | stakeholders on programs and policies necessary to |
2 | | achieve the objectives in subsection (d) of this |
3 | | Section; |
4 | | (F) consider proposals applicable to each |
5 | | component of the utilities' Multi-Year Integrated Grid |
6 | | Plan filings under paragraph (2) of subsection (f) of |
7 | | this Section; |
8 | | (G) educate and equip interested stakeholders so |
9 | | that they can effectively and efficiently provide |
10 | | feedback and input to the electric utility; and |
11 | | (H) review planned capital investment to ensure |
12 | | that delivery services are provided at rates that are |
13 | | affordable to all customers, including low-income |
14 | | customers. |
15 | | (3) To the extent any of the information in |
16 | | subparagraphs (A) through (H) of paragraph (2) of this |
17 | | subsection is designated as confidential and proprietary |
18 | | under the Commission's rules, the proponent of the |
19 | | designation shall have the burden of making the requisite |
20 | | showing under the Commission's rules. For data that is |
21 | | determined to be confidential or that includes personally |
22 | | identifiable information, the Commission may develop |
23 | | procedures and processes to enable data sharing with |
24 | | parties and stakeholders while ensuring the |
25 | | confidentiality of the information. |
26 | | (4) Workshops should be organized and facilitated in a |
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1 | | manner that encourages representation from diverse |
2 | | stakeholders, ensuring equitable opportunities for |
3 | | participation, without requiring formal intervention or |
4 | | representation by an attorney. Workshops should be held |
5 | | during both day and evening hours, in a variety of |
6 | | locations within each electric utility's service |
7 | | territory, and should allow remote participation. |
8 | | (5) It is a goal of the State that this workshop |
9 | | process will provide a forum for interested stakeholders |
10 | | to effectively and efficiently provide feedback and input |
11 | | to the electric utility. It is also a goal of the State |
12 | | that stakeholder participation in this process will |
13 | | prepare stakeholders to more capably participate in |
14 | | Multi-Year Rate Plan proceedings conducted pursuant to |
15 | | Section 16-108.18 of this Act, if they so elect. As part of |
16 | | the workshop process, the electric utility shall submit to |
17 | | the Commission the electric utility's capital investments |
18 | | proposal, and supporting data described in subparagraphs |
19 | | (A) through (C) of paragraph (2) of this subsection (e) |
20 | | before the start of workshops to allow interested |
21 | | stakeholders to reasonably review data before attending |
22 | | workshops. The Commission shall make public the utility |
23 | | capital investments proposal by posting it on the |
24 | | Commission's website and set the location and time of any |
25 | | workshop to be held as part of the workshop process, and |
26 | | establish a data request process, consistent with the |
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1 | | Commission's rules, that affords workshop participants |
2 | | opportunities to submit data requests to the utility, and |
3 | | receive responses in accordance with the utility's |
4 | | obligations under the law, prior to the workshop, |
5 | | regarding the information described in this paragraph (5). |
6 | | Upon the written request of a workshop participant, the |
7 | | utility shall also present at a given workshop at least |
8 | | one appropriate company representative who can address the |
9 | | specific written questions or written categories of |
10 | | questions identified in advance by the workshop |
11 | | participant regarding issues related to the utility's |
12 | | Multi-Year Integrated Grid Plan. To facilitate public |
13 | | feedback, the administrator facilitating the workshops |
14 | | shall, throughout the workshop process, develop questions |
15 | | for stakeholder input on topics being considered. This may |
16 | | include, but is not limited to: design of the workshop |
17 | | process, locational data and information provided by |
18 | | utilities, alignment of plans, programs, investments and |
19 | | objectives, and other topics as deemed appropriate by the |
20 | | Commission facilitation staff. Stakeholder feedback shall |
21 | | not be limited to these questions. The information |
22 | | provided as part of the workshop process pursuant to this |
23 | | subsection (e) is intended to be informational and to |
24 | | provide a preliminary view of costs and investments, which |
25 | | may change. Accordingly, the information provided pursuant |
26 | | to this subsection (e) shall not be binding on the utility |
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1 | | and shall not be the sole basis for a finding in any |
2 | | Commission proceeding of imprudence, unreasonableness, or |
3 | | lack of use or usefulness of any individual or aggregate |
4 | | level of utility plant or other investment or expenditure |
5 | | addressed; however, information contained in the plan may |
6 | | be used in a proceeding before the Commission, with weight |
7 | | of such evidence to be determined by the Commission. |
8 | | (6) Workshops shall not be considered settlement |
9 | | negotiations, compromise negotiations, or offers to |
10 | | compromise for the purposes of Illinois Rule of Evidence |
11 | | 408. All materials shared as a part of the workshop |
12 | | process, and that are not determined to be confidential as |
13 | | described in paragraph (3) of this subsection (e), shall |
14 | | be made publicly available on a website made available by |
15 | | the Commission. |
16 | | (7) On conclusion of the workshops, the Commission |
17 | | shall open a comment period that allows interested and |
18 | | diverse stakeholders to submit comments and |
19 | | recommendations regarding the utility's Multi-Year |
20 | | Integrated Grid Plan filing. Based on the workshop process |
21 | | and stakeholder comments and recommendations offered |
22 | | verbally or in writing during the workshops and in writing |
23 | | during the comment period following the workshops, the |
24 | | independent third-party facilitator shall prepare a |
25 | | report, to be submitted to the Commission no later than |
26 | | July 1, 2022, describing the stakeholders, discussions, |
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1 | | proposals, and areas of consensus and disagreement from |
2 | | the workshop process, and making recommendations to the |
3 | | Commission regarding the utility's Multi-Year Integrated |
4 | | Grid Plan. Interested stakeholders shall have an |
5 | | opportunity to provide comment on the independent |
6 | | third-party facilitator report. |
7 | | (8) Based on discussions in the workshops, the |
8 | | independent third-party facilitator report, and |
9 | | stakeholder comments and recommendations made during and |
10 | | following the workshop process, the Commission shall issue |
11 | | initiating orders no later than August 1, 2022, requiring |
12 | | the electric utilities subject to this Section to file the |
13 | | first Multi-Year Integrated Grid Plan no later than |
14 | | January 20, 2023. The initiating orders shall specify the |
15 | | requirements applicable to the utilities' Multi-Year |
16 | | Integrated Grid Plans, which shall supplement and not |
17 | | replace those requirements described in subsection (f) of |
18 | | this Section. |
19 | | (f) Multi-Year Integrated Grid Plan. |
20 | | (1) Pursuant to this subsection (f) and the initiating |
21 | | orders of the Commission, each electric utility subject to |
22 | | this Section shall, no later than January 20, 2023, submit |
23 | | its first Multi-Year Integrated Grid Plan. No later than |
24 | | January 20, 2026, and every 4 years thereafter, the |
25 | | utility shall submit its subsequent Plan. Each Plan shall: |
26 | | (A) incorporate requirements established by the |
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| | SB2408 Enrolled | - 719 - | LRB102 11366 BMS 16699 b |
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1 | | Commission in its initiating order; and |
2 | | (B) propose distribution system investment |
3 | | programs, policies, and plans designed to optimize |
4 | | achievement of the objectives set forth in subsection |
5 | | (d) of this Section and achieve the metrics approved |
6 | | by the Commission pursuant to Section 16-108.18 of |
7 | | this Act. |
8 | | To the extent practicable and reasonable, all |
9 | | programs, policies, and initiatives proposed by the |
10 | | utility in its plan should be informed by stakeholder |
11 | | input received during the workshop process pursuant to |
12 | | subsection (e) of this Section. Where specific stakeholder |
13 | | input has not been incorporated in proposed programs, |
14 | | policies, and plans, the electric utility shall provide an |
15 | | explanation as to why that input was not incorporated. |
16 | | (2) In order to ensure electric utilities' ability to |
17 | | meet the goals and objectives set forth in this Section, |
18 | | the Multi-Year Integrated Grid Plans must include, at |
19 | | minimum, the following information: |
20 | | (A) A description of the utility's distribution |
21 | | system planning process, including: |
22 | | (i) the overview of the process, including |
23 | | frequency and duration of the process, roles, and |
24 | | responsibilities of utility personnel and |
25 | | departments involved; |
26 | | (ii) a summary of the meetings with |
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1 | | stakeholders conducted prior to filing of the plan |
2 | | with the Commission. |
3 | | (iii) the description of any coordination of |
4 | | the processes with any other planning process |
5 | | internal or external to the utility, including |
6 | | those required by a regional transmission |
7 | | operator. |
8 | | (B) A detailed description of the current |
9 | | operating conditions for the distribution system |
10 | | separately presented for each of the utility's |
11 | | operating areas, where possible, including a detailed |
12 | | description, with supporting data, of system |
13 | | conditions, including baseline data regarding the |
14 | | utility's distribution system from the utility's |
15 | | annual report to the Commission, total distribution |
16 | | system substation capacity in kVa, total miles of |
17 | | primary overhead distribution wire, and total miles of |
18 | | primary underground distribution cable, distributed |
19 | | energy resource deployment by type, size, customer |
20 | | class, and geographic dispersion as to those DERs that |
21 | | have completed the interconnection process, the most |
22 | | current distribution line loss study, current and |
23 | | expected System Average Interruption Frequency Index |
24 | | and Customer Average Interruption Duration Index data |
25 | | for the system, identification of the system model |
26 | | software currently used and planned software |
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| | SB2408 Enrolled | - 721 - | LRB102 11366 BMS 16699 b |
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1 | | deployments, and other data needs as requested by the |
2 | | Commission or as determined through Commission rules. |
3 | | The description shall also include the utility's most |
4 | | recent system load and peak demand forecast for at |
5 | | least the next 5 years, and up to 10 years if |
6 | | available, a discussion of how the forecast was |
7 | | prepared and how distributed energy resources and |
8 | | energy efficiency were factored into the forecast, and |
9 | | identification of the forecasting software currently |
10 | | used and planned software deployments. |
11 | | (C) Financial Data. |
12 | | (i) For each of the preceding 5 years, the |
13 | | utility's distribution system investments by the |
14 | | investment categories tracked by the utility, |
15 | | including, but not limited to, new business, |
16 | | facility relocation, capacity expansion, system |
17 | | performance, preventive maintenance, corrective |
18 | | maintenance, the total amount of investments |
19 | | associated with the integration of DERs, the total |
20 | | amount of charges to DER developers and retail |
21 | | customers for interconnection of DERs to the |
22 | | distribution system, and a list of each major |
23 | | investment category the utility used to maintain |
24 | | its routine standing operational activities and |
25 | | the associated plant in service amount for each |
26 | | category in which the plant in service amount is |
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1 | | at least $2,000,000; |
2 | | (ii) For each of the preceding 5 years, data |
3 | | on and a discussion of the utility's distribution |
4 | | system operation and maintenance expenses; |
5 | | (iii) A 5-year long-range forecast of |
6 | | distribution system capital investments and |
7 | | operational and maintenance expenses, including a |
8 | | discussion of any projections for expenses for the |
9 | | categories listed in subparagraph (i) of this item |
10 | | (C). |
11 | | (D) System data on DERs on the utility's |
12 | | distribution system, including the total number and |
13 | | nameplate capacity of DERs that completed |
14 | | interconnection in the prior year, current DER |
15 | | deployment by type, size, and geographic dispersion, |
16 | | to the extent that granular geographic information |
17 | | does not disclose personally identifiable information, |
18 | | and other data as requested by the Commission or |
19 | | determined by Commission rules. |
20 | | (E) Hosting Capacity and Interconnection |
21 | | Requirements. |
22 | | (i) The utility shall make available on its |
23 | | website the hosting capacity analysis results that |
24 | | shall include mapping and GIS capability, as well |
25 | | as any other requirements requested by the |
26 | | Commission or determined through Commission rules. |
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| | SB2408 Enrolled | - 723 - | LRB102 11366 BMS 16699 b |
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1 | | The plan shall identify where the hosting capacity |
2 | | analysis results shall be made publicly available. |
3 | | This shall also include an assessment of the |
4 | | impact of utility investments over the next 5 |
5 | | years on hosting capacity and a narrative |
6 | | discussion of how the hosting capacity analysis |
7 | | advances customer-sited distributed energy |
8 | | resources, including electric vehicles, energy |
9 | | storage systems, and photovoltaic resources, and |
10 | | how the identification of interconnection points |
11 | | on the distribution system will support the |
12 | | continued development of distributed energy |
13 | | resources. |
14 | | (ii) Discussion of the utility's |
15 | | interconnection requirements and how they comply |
16 | | with the Commission's applicable regulations. |
17 | | (F) Identification and discussion of the scenarios |
18 | | considered in the development of the utility's |
19 | | Multi-Year Integrated Grid Plan, including DER |
20 | | scenarios, and discussion of base-case and alternative |
21 | | scenarios, how the scenarios were developed and |
22 | | selected, and how the scenarios include a reasonable |
23 | | mix of DERs scenarios, types, and geographic |
24 | | dispersion. Scenarios shall at least consider the |
25 | | 5-year forecast horizon of the Multi-Year Integrated |
26 | | Grid Plan, but may also consider longer-term scenarios |
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| | SB2408 Enrolled | - 724 - | LRB102 11366 BMS 16699 b |
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1 | | where data is available. The plan shall also include |
2 | | requirements requested by the Commission or determined |
3 | | through Commission rules. |
4 | | (G) An evaluation of the short-term and long-run |
5 | | benefits and costs of distributed energy resources |
6 | | located on the distribution system, including, but not |
7 | | limited to, the locational, temporal, and |
8 | | performance-based benefits and costs of distributed |
9 | | energy resources. The utility shall use the results of |
10 | | this evaluation to inform its analysis of Solution |
11 | | Sourcing Opportunities, including nonwires |
12 | | alternatives, under subparagraph (K) of paragraph (2) |
13 | | subsection (f) of this Section. The Commission may use |
14 | | the data produced through this evaluation to, among |
15 | | other use-cases, inform the Commission's investigation |
16 | | and establishment of tariffs and compensation for |
17 | | distributed energy resources interconnecting to the |
18 | | utility's distribution system, including rebates |
19 | | provided by the electric utility pursuant to Section |
20 | | 16-107.6 of this Act. |
21 | | (H) Long-term Distribution System Investment Plan. |
22 | | (i) The utility's planned distribution capital |
23 | | investments for the period covered by the planning |
24 | | process required by this Section, by the |
25 | | investment categories used by the utility, and |
26 | | with discussion of any individual planned projects |
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| | SB2408 Enrolled | - 725 - | LRB102 11366 BMS 16699 b |
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1 | | with a planned total investment gross amount of |
2 | | $3,000,000 or more and of the alternatives |
3 | | considered by the utility to such individual |
4 | | projects including any non-traditional |
5 | | alternatives and DER alternatives, and supporting |
6 | | data. This shall provide sufficiently detailed |
7 | | explanations of how the planned investments shall |
8 | | support the goals in subsection (d) of this |
9 | | Section. |
10 | | (ii) Discussion of how the utility's capital |
11 | | investments plan is consistent with Commission |
12 | | orders regarding the procurement of renewable |
13 | | resources as discussed in Section 16-111.5 of this |
14 | | Act, energy efficiency plans as discussed in |
15 | | Section 8-103B, distributed generation rebates as |
16 | | discussed in Section 16-107.6, and any other |
17 | | Commission order affecting the goals described in |
18 | | subsection (d) of this Section. |
19 | | (iii) A plan for achieving the applicable |
20 | | metrics that were approved by the Commission for |
21 | | the utility pursuant to subsection (e) of Section |
22 | | 16-108.18 of this Act. |
23 | | (iv) A narrative discussion of the utility's |
24 | | vision for the distribution system over the next 5 |
25 | | years. |
26 | | (v) Any additional information requested by |
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| | SB2408 Enrolled | - 726 - | LRB102 11366 BMS 16699 b |
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1 | | the Commission or determined through Commission |
2 | | rules. |
3 | | (I) A detailed description of historic |
4 | | distribution system operations and maintenance |
5 | | expenditures for the preceding 5 years and of planned |
6 | | or projected operations and maintenance expenditures |
7 | | for the period covered by the planning process |
8 | | required by this Section, as well as the data, |
9 | | reasoning and explanation supporting planned or |
10 | | projected expenditures. Any additional information |
11 | | requested by the Commission or determined through |
12 | | Commission rules. |
13 | | (J) A detailed plan for achieving the applicable |
14 | | metrics that were approved by the Commission for the |
15 | | utility pursuant to subsection (e) of Section |
16 | | 16-108.18 of this Act, including, but not limited to, |
17 | | the following: |
18 | | (i) A description of, exclusive of low-income |
19 | | rate relief programs and other income-qualified |
20 | | programs, how the utility is supporting efforts to |
21 | | bring 40% of benefits from programs, policies, and |
22 | | initiatives proposed in their Multi-Year |
23 | | Integrated Grid Plan to ratepayers in low-income |
24 | | and environmental justice communities. This shall |
25 | | also include any information requested by the |
26 | | Commission or determined through Commission rules. |
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1 | | Nothing in this subparagraph is meant to require a |
2 | | specific amount of spending in a particular |
3 | | geographic area. |
4 | | (ii) A detailed analysis of current and |
5 | | projected flexible resources, including resource |
6 | | type, size (in MW and MWh), location and |
7 | | environmental impact, as well as anticipated needs |
8 | | that can be met using flexible resources, to meet |
9 | | the goals described in subsection (d) of this |
10 | | Section, to meet the applicable metrics that were |
11 | | approved by the Commission for the utility |
12 | | pursuant to subsection (e) of Section 16-108.18 of |
13 | | this Act, and any other Commission order affecting |
14 | | the goals described in subsection (d) of this |
15 | | Section. |
16 | | (iii) Any additional information requested by |
17 | | the Commission or determined through Commission |
18 | | rules. |
19 | | (K) Identification of potential cost-effective |
20 | | solutions from nontraditional and third-party owned |
21 | | investments that could meet anticipated grid needs, |
22 | | including, but not limited to, distributed energy |
23 | | resources procurements, tariffs or contracts, |
24 | | programmatic solutions, rate design options, |
25 | | technologies or programs that facilitate load |
26 | | flexibility, nonwires alternatives, and other |
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| | SB2408 Enrolled | - 728 - | LRB102 11366 BMS 16699 b |
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1 | | solutions that are intended to meet the objectives |
2 | | described at subsection (d). It is the policy of this |
3 | | State that cost-effective third-party or |
4 | | customer-owned distributed energy resources create |
5 | | robust competition and customer choice and shall be |
6 | | considered as appropriate. The Commission shall |
7 | | establish rules determining data or methods for |
8 | | Solution Sourcing Opportunities. |
9 | | (L) A detailed description of the utility's |
10 | | interoperability plan, which must describe the manner |
11 | | in which the electric utility's current and planned |
12 | | distribution system investments will work together and |
13 | | exchange information and data, the extent to which the |
14 | | utility is implementing open standards and interfaces |
15 | | with third-party distributed energy resource owners |
16 | | and aggregators, and the utility's plan for |
17 | | interoperability testing and certification. |
18 | | (3) To the extent any information in utilities' |
19 | | Multi-Year Integrated Grid Plans is designated as |
20 | | confidential and proprietary under the Commission's rules, |
21 | | the proponent of the designation shall have the burden of |
22 | | making the requisite showing under the Commission's rules. |
23 | | For data that is determined to be confidential or that |
24 | | includes personally identifiable information, the |
25 | | Commission may develop procedures and processes to enable |
26 | | data sharing with parties and stakeholders while ensuring |
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| | SB2408 Enrolled | - 729 - | LRB102 11366 BMS 16699 b |
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1 | | the confidentiality of the information. All confidential |
2 | | information exchanged, submitted, or shared by a utility |
3 | | pursuant to this Section shall be protected from |
4 | | intentional and accidental dissemination. The Commission |
5 | | shall have authority to supervise, protect, and restrict |
6 | | access to all confidential, commercially sensitive, or |
7 | | system security related information and data, and shall be |
8 | | authorized to take all necessary steps to protect that |
9 | | information from unauthorized disclosure. This paragraph |
10 | | shall not be interpreted to require a utility to make |
11 | | publicly available any information or data that could |
12 | | compromise the physical or cyber security of a utility's |
13 | | distribution system. Any party that accidentally |
14 | | disseminates confidential information obtained pursuant to |
15 | | a proceeding initiated in accordance with this Section, or |
16 | | is the victim of a cyber-security breach, must notify the |
17 | | affected utility, the Illinois Attorney General, and the |
18 | | Commission staff with 24 hours of knowledge of such |
19 | | dissemination or breach. Any party that fails to provide |
20 | | required notification of such a breach shall be subject to |
21 | | remedies available to the Commission and the Illinois |
22 | | Attorney General. |
23 | | (4) It is the policy of this State that holistic |
24 | | consideration of all related investments, planning |
25 | | processes, tariffs, rate design options, programs, and |
26 | | other utility policies and plans shall be required. To |
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| | SB2408 Enrolled | - 730 - | LRB102 11366 BMS 16699 b |
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1 | | that end, the Commission shall consider, comprehensively, |
2 | | the impact of all related plans, tariffs, programs, and |
3 | | policies on the Plan and on each other, including: |
4 | | (A) time-of-use pricing program pursuant to |
5 | | Section 16-107.7 of this Act, hourly pricing program |
6 | | pursuant to Section 16-107 of this Act, and any other |
7 | | time-variant or dynamic pricing program; |
8 | | (B) distributed generation rebate pursuant to |
9 | | Section 16-107.6 of this Act; |
10 | | (C) net electricity metering, pursuant to Section |
11 | | 16-107.5 of this Act; |
12 | | (D) energy efficiency programs pursuant to Section |
13 | | 8-103B of this Act; |
14 | | (E) beneficial electrification programs pursuant |
15 | | to Section 16-107.8 of this Act; |
16 | | (F) Equitable Energy Upgrade Program pursuant to |
17 | | Section 16-111.10 of this Act; |
18 | | (G) renewable energy programs and procurements set |
19 | | forth in the Illinois Power Agency Act, including, but |
20 | | not limited to, those set forth in the long-term |
21 | | renewable resources procurement plan developed |
22 | | pursuant to Section 1-20 of that Act; and |
23 | | (H) other plans, programs, and policies that are |
24 | | relevant to distribution grid investments, costs, |
25 | | planning, and other categories as requested by the |
26 | | Commission. |
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| | SB2408 Enrolled | - 731 - | LRB102 11366 BMS 16699 b |
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1 | | The Plan shall comprehensively detail the relationship |
2 | | between these plans, tariffs, and programs and to the |
3 | | electric utility's achievement of the objectives in |
4 | | subsection (d). The Plan shall be designed to coordinate |
5 | | each of these plans, programs, and tariffs with the |
6 | | electric utility's long-term distribution system |
7 | | investment planning in order to maximize the benefits of |
8 | | each. |
9 | | (5) The initiating order for the initial Multi-Year |
10 | | Integrated Grid Plan, as well as each electric utility's |
11 | | subsequent Integrated Grid Plans under subsection (g), |
12 | | shall begin a contested proceeding as described in |
13 | | subsection (d) of Section 10-101.1 of this Act. |
14 | | (A) In evaluating a utility's Plan, the Commission |
15 | | shall consider, at minimum, whether the Plan: |
16 | | (1) meets the objectives of this Section; |
17 | | (2) includes the components in paragraph (2) |
18 | | of subsection (f) of this Section; |
19 | | (3) considers and incorporates, where |
20 | | practicable, input from interested stakeholders, |
21 | | including parties and people who offer public |
22 | | comment without legal representation; |
23 | | (4) considers nontraditional, including |
24 | | third-party owned, investment alternatives that |
25 | | can meet grid needs and provide additional |
26 | | benefits (including consumer, economic, and |
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| | SB2408 Enrolled | - 732 - | LRB102 11366 BMS 16699 b |
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1 | | environmental benefits) beyond comparable, |
2 | | traditional utility-planned capital investments; |
3 | | (5) equitably benefits environmental justice |
4 | | communities; and |
5 | | (6) maximizes consumer, environmental, |
6 | | economic, and community benefits over a 10-year |
7 | | horizon. |
8 | | (B) The Commission, after notice and hearing, |
9 | | shall modify each electric utility's Plan as necessary |
10 | | to comply with the objectives of this Section. The |
11 | | Commission may approve, or modify and approve, a Plan |
12 | | only if it finds that the Plan is reasonable, complies |
13 | | with the objectives and requirements of this Section, |
14 | | and reasonably incorporates input from parties. The |
15 | | Commission may reject each electric utility's Plan if |
16 | | it finds that the Plan does not comply with the |
17 | | objectives and requirements of this Section. If the |
18 | | Commission enters an order rejecting a Plan, the |
19 | | utility must refile a Plan within 3 months after that |
20 | | order, and until the Commission approves a Plan, the |
21 | | utility's existing Plan will remain in effect. |
22 | | (C) For the initial Integrated Grid Plan filings, |
23 | | the Commission shall enter an order approving, |
24 | | modifying, or rejecting the Plan no later than |
25 | | December 15, 2023. For subsequent Integrated Grid Plan |
26 | | filings, the Commission shall enter an order |
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| | SB2408 Enrolled | - 733 - | LRB102 11366 BMS 16699 b |
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1 | | approving, modifying, or rejecting the Plan no later |
2 | | than December 15 of the year in which it was filed. |
3 | | (D) Each electric utility shall file its proposed |
4 | | Initial Multi-Year Integrated Grid Plan no later than |
5 | | January 20, 2023. Prior to that date and following the |
6 | | initiating order, the Commission shall initiate a case |
7 | | management conference and shall take any appropriate |
8 | | steps to begin meaningful consideration of issues, |
9 | | including enabling interested parties to begin |
10 | | conducting discovery. |
11 | | (6) As part of its order approving a utility's |
12 | | Multi-Year Integrated Grid Plan, including any |
13 | | modifications required, the Commission may create a |
14 | | subsequent implementation plan docket, or multiple |
15 | | implementation plan dockets, if the Commission determines |
16 | | that multiple dockets would be preferable, to consider a |
17 | | utility's detailed plan or plans, as directed in the |
18 | | Commission's order. |
19 | | (g) No later than January 20, 2026 and every 4 years |
20 | | thereafter, each electric utility subject to this Section |
21 | | shall file a new Multi-Year Integrated Grid Plan for the |
22 | | subsequent 4 delivery years after the completion of the |
23 | | then-effective Plan. Each Plan shall meet the requirements |
24 | | described in subsection (f) of this Section, and shall be |
25 | | preceded by a workshop process which meets the same |
26 | | requirements described in subsection (e). If appropriate, the |
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| | SB2408 Enrolled | - 734 - | LRB102 11366 BMS 16699 b |
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1 | | Commission may require additional implementation dockets to |
2 | | follow Subsequent Multi-Year Integrated Grid Plan filings. |
3 | | (h) During the period leading to approval of the first |
4 | | Multi-Year Integrated Grid Plan, each electric utility will |
5 | | necessarily continue to invest in its distribution grid. Those |
6 | | investments will be subject to a determination of prudence and |
7 | | reasonableness consistent with Commission practice and law. |
8 | | Any failure of such investments to conform to the Multi-Year |
9 | | Integrated Grid Plan ultimately approved shall not imply |
10 | | imprudence or unreasonableness. |
11 | | (i) The Commission shall adopt rules to carry out the
|
12 | | provisions of this Section under the emergency rulemaking
|
13 | | provisions set forth in Section 5-45 of the Illinois
|
14 | | Administrative Procedure Act, and such emergency rules may
be |
15 | | effective no later than 90 days after the effective date of
|
16 | | this amendatory Act of the 102nd General Assembly. |
17 | | (220 ILCS 5/16-107.5)
|
18 | | Sec. 16-107.5. Net electricity metering. |
19 | | (a) The General Assembly Legislature finds and declares |
20 | | that a program to provide net electricity
metering, as defined |
21 | | in this Section,
for eligible customers can encourage private |
22 | | investment in renewable energy
resources, stimulate
economic |
23 | | growth, enhance the continued diversification of Illinois' |
24 | | energy
resource mix, and protect
the Illinois environment. |
25 | | Further, to achieve the goals of this Act that robust options
|
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| | SB2408 Enrolled | - 735 - | LRB102 11366 BMS 16699 b |
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1 | | for customer-site distributed generation continue to thrive in
|
2 | | Illinois, the General Assembly finds that a predictable
|
3 | | transition must be ensured for customers between full net
|
4 | | metering at the retail electricity rate to the distribution
|
5 | | generation rebate described in Section 16-107.6.
|
6 | | (b) As used in this Section, (i) "community renewable |
7 | | generation project" shall have the meaning set forth in |
8 | | Section 1-10 of the Illinois Power Agency Act; (ii) "eligible |
9 | | customer" means a retail
customer that owns , hosts, or |
10 | | operates , including any third-party owned systems, a
solar, |
11 | | wind, or other eligible renewable electrical generating |
12 | | facility with a rated capacity of not more than
2,000 |
13 | | kilowatts that is
located on the customer's premises or |
14 | | customer's side of the billing meter and is intended primarily |
15 | | to offset the customer's
own current or
future electrical |
16 | | requirements; (iii) "electricity provider" means an electric |
17 | | utility or alternative retail electric supplier; (iv) |
18 | | "eligible renewable electrical generating facility" means a |
19 | | generator , which may include the co-location
of an energy |
20 | | storage system, that is interconnected under rules adopted by |
21 | | the Commission and is powered by solar electric energy, wind, |
22 | | dedicated crops grown for electricity generation, agricultural |
23 | | residues, untreated and unadulterated wood waste, landscape |
24 | | trimmings, livestock manure, anaerobic digestion of livestock |
25 | | or food processing waste, fuel cells or microturbines powered |
26 | | by renewable fuels, or hydroelectric energy; (v) "net |
|
| | SB2408 Enrolled | - 736 - | LRB102 11366 BMS 16699 b |
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1 | | electricity metering" (or "net metering") means the
|
2 | | measurement, during the
billing period applicable to an |
3 | | eligible customer, of the net amount of
electricity supplied |
4 | | by an
electricity provider to the customer customer's premises |
5 | | or provided to the electricity provider by the customer or |
6 | | subscriber; (vi) "subscriber" shall have the meaning as set |
7 | | forth in Section 1-10 of the Illinois Power Agency Act; and |
8 | | (vii) "subscription" shall have the meaning set forth in |
9 | | Section 1-10 of the Illinois Power Agency Act ; (viii) "energy
|
10 | | storage system" means commercially available technology that
|
11 | | is capable of absorbing energy and storing it for a period of
|
12 | | time for use at a later time, including, but not limited to,
|
13 | | electrochemical, thermal, and electromechanical technologies,
|
14 | | and may be interconnected behind the customer's meter or
|
15 | | interconnected behind its own meter; and (ix) "future
|
16 | | electrical requirements" means modeled electrical requirements |
17 | | upon occupation of a new or vacant property, and other |
18 | | reasonable expectations of future electrical use, as well as, |
19 | | for occupied properties, a reasonable approximation of the |
20 | | annual load of 2 electric vehicles and, for non-electric |
21 | | heating customers, a reasonable approximation of the
|
22 | | incremental electric load associated with fuel switching. The
|
23 | | approximations shall be applied to the appropriate net
|
24 | | metering tariff and do not need to be unique to each
individual |
25 | | eligible customer. The utility shall submit these
|
26 | | approximations to the Commission for review, modification, and
|
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| | SB2408 Enrolled | - 737 - | LRB102 11366 BMS 16699 b |
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1 | | approval .
|
2 | | (c) A net metering facility shall be equipped with |
3 | | metering equipment that can measure the flow of electricity in |
4 | | both directions at the same rate. |
5 | | (1) For eligible customers whose electric service has |
6 | | not been declared competitive pursuant to Section 16-113 |
7 | | of this Act as of July 1, 2011 and whose electric delivery |
8 | | service is provided and measured on a kilowatt-hour basis |
9 | | and electric supply service is not provided based on |
10 | | hourly pricing, this shall typically be accomplished |
11 | | through use of a single, bi-directional meter. If the |
12 | | eligible customer's existing electric revenue meter does |
13 | | not meet this requirement, the electricity provider shall |
14 | | arrange for the local electric utility or a meter service |
15 | | provider to install and maintain a new revenue meter at |
16 | | the electricity provider's expense, which may be the smart |
17 | | meter described by subsection (b) of Section 16-108.5 of |
18 | | this Act. |
19 | | (2) For eligible customers whose electric service has |
20 | | not been declared competitive pursuant to Section 16-113 |
21 | | of this Act as of July 1, 2011 and whose electric delivery |
22 | | service is provided and measured on a kilowatt demand |
23 | | basis and electric supply service is not provided based on |
24 | | hourly pricing, this shall typically be accomplished |
25 | | through use of a dual channel meter capable of measuring |
26 | | the flow of electricity both into and out of the |
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| | SB2408 Enrolled | - 738 - | LRB102 11366 BMS 16699 b |
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1 | | customer's facility at the same rate and ratio. If such |
2 | | customer's existing electric revenue meter does not meet |
3 | | this requirement, then 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 | | (3) For all other eligible customers, until such time |
10 | | as the local electric utility installs a smart meter, as |
11 | | described by subsection (b) of Section 16-108.5 of this |
12 | | Act, the electricity provider may arrange for the local |
13 | | electric utility or a meter service provider to install |
14 | | and maintain metering equipment capable of measuring the |
15 | | flow of electricity both into and out of the customer's |
16 | | facility at the same rate and ratio, typically through the |
17 | | use of a dual channel meter. If the eligible customer's |
18 | | existing electric revenue meter does not meet this |
19 | | requirement, then the costs of installing such equipment |
20 | | shall be paid for by the customer.
|
21 | | (d) An electricity provider shall
measure and charge or |
22 | | credit for the net
electricity supplied to eligible customers |
23 | | or provided by eligible customers whose electric service has |
24 | | not been declared competitive pursuant to Section 16-113 of |
25 | | this Act as of July 1, 2011 and whose electric delivery service |
26 | | is provided and measured on a kilowatt-hour basis and electric |
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| | SB2408 Enrolled | - 739 - | LRB102 11366 BMS 16699 b |
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1 | | supply service is not provided based on hourly pricing in
the |
2 | | 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, 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.
|
9 | | (2) If the amount of electricity produced by a |
10 | | customer during the billing period exceeds the amount of |
11 | | electricity used by the customer during that billing |
12 | | period, the electricity provider supplying that customer |
13 | | shall apply a 1:1 kilowatt-hour credit to a subsequent |
14 | | bill for service to the customer for the net electricity |
15 | | supplied to the electricity provider. The electricity |
16 | | provider shall continue to carry over any excess |
17 | | kilowatt-hour credits earned and apply those credits to |
18 | | subsequent billing periods to offset any |
19 | | customer-generator consumption in those billing periods |
20 | | until all credits are used or until the end of the |
21 | | annualized period.
|
22 | | (3) At the end of the year or annualized over the |
23 | | period that service is supplied by means of net metering, |
24 | | or in the event that the retail customer terminates |
25 | | service with the electricity provider prior to the end of |
26 | | the year or the annualized period, any remaining credits |
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| | SB2408 Enrolled | - 740 - | LRB102 11366 BMS 16699 b |
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1 | | in the customer's account shall expire.
|
2 | | (d-5) An electricity provider shall measure and charge or |
3 | | credit for the net electricity
supplied to eligible customers |
4 | | or provided by eligible customers whose electric service has |
5 | | not
been declared competitive pursuant to Section 16-113 of |
6 | | this Act as of July 1, 2011 and whose electric delivery
service |
7 | | is provided and measured on a kilowatt-hour basis and electric |
8 | | supply service is provided
based on hourly pricing or |
9 | | time-of-use rates in the following manner: |
10 | | (1) If the amount of electricity used by the customer |
11 | | during any hourly period or time-of-use period exceeds the |
12 | | amount of electricity produced by the customer, the |
13 | | electricity provider shall charge the customer for the net |
14 | | electricity supplied to and used by the customer according |
15 | | to the terms of the contract or tariff to which the same |
16 | | customer would be assigned to or be eligible for if the |
17 | | customer was not a net metering customer. |
18 | | (2) If the amount of electricity produced by a |
19 | | customer during any hourly period or time-of-use period |
20 | | exceeds the amount of electricity used by the customer |
21 | | during that hourly period or time-of-use period , the |
22 | | energy provider shall apply a credit for the net |
23 | | kilowatt-hours produced in such period. The credit shall |
24 | | consist of an energy credit and a delivery service credit. |
25 | | The energy
credit shall be valued at the same price per |
26 | | kilowatt-hour as the electric service provider
would |
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| | SB2408 Enrolled | - 741 - | LRB102 11366 BMS 16699 b |
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1 | | charge for kilowatt-hour energy sales during that same |
2 | | hourly period or time-of-use period . The delivery credit |
3 | | shall be equal to the net kilowatt-hours produced in such |
4 | | hourly period or time-of-use period times a credit that |
5 | | reflects all kilowatt-hour based charges in the customer's |
6 | | electric service rate, excluding energy charges. |
7 | | (e) An electricity provider shall measure and charge or |
8 | | credit for the net electricity supplied to eligible customers |
9 | | whose electric service has not been declared competitive |
10 | | pursuant to Section 16-113 of this Act as of July 1, 2011 and |
11 | | whose electric delivery service is provided and measured on a |
12 | | kilowatt demand basis and electric supply service is not |
13 | | provided based on hourly pricing in the following manner: |
14 | | (1) If the amount of electricity used by the customer |
15 | | during the billing period exceeds the amount of |
16 | | electricity produced by the customer, then the electricity |
17 | | provider shall charge the customer for the net electricity |
18 | | supplied to and used by the customer as provided in |
19 | | subsection (e-5) of this Section. The customer shall |
20 | | remain responsible for all taxes, fees, and utility |
21 | | delivery charges that would otherwise be applicable to the |
22 | | net amount of electricity used by the customer. |
23 | | (2) If the amount of electricity produced by a |
24 | | customer during the billing period exceeds the amount of |
25 | | electricity used by the customer during that billing |
26 | | period, then the electricity provider supplying that |
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| | SB2408 Enrolled | - 742 - | LRB102 11366 BMS 16699 b |
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1 | | customer shall apply a 1:1 kilowatt-hour credit that |
2 | | reflects the kilowatt-hour based charges in the customer's |
3 | | electric service rate to a subsequent bill for service to |
4 | | the customer for the net electricity supplied to the |
5 | | electricity provider. The electricity provider shall |
6 | | continue to carry over any excess kilowatt-hour credits |
7 | | earned and apply those credits to subsequent billing |
8 | | periods to offset any customer-generator consumption in |
9 | | those billing periods until all credits are used or until |
10 | | the end of the 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 | | (e-5) An electricity provider shall provide electric |
18 | | service to eligible customers who utilize net metering at |
19 | | non-discriminatory rates that are identical, with respect to |
20 | | rate structure, retail rate components, and any monthly |
21 | | charges, to the rates that the customer would be charged if not |
22 | | a net 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 not |
25 | | specifically authorized by interconnection standards |
26 | | authorized by the Commission, unless the fee, charge, or other |
|
| | SB2408 Enrolled | - 743 - | LRB102 11366 BMS 16699 b |
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1 | | requirement would apply to other similarly situated customers |
2 | | who are not net metering customers. The customer will remain |
3 | | responsible for all taxes, fees, and utility delivery charges |
4 | | that would otherwise be applicable to the net amount of |
5 | | electricity used by the customer. Subsections (c) through (e) |
6 | | of this Section shall not be construed to prevent an |
7 | | arms-length agreement between an electricity provider and an |
8 | | eligible customer that sets forth different prices, terms, and |
9 | | conditions for the provision of net metering service, |
10 | | including, but not limited to, the provision of the |
11 | | appropriate metering equipment for non-residential customers.
|
12 | | (f) Notwithstanding the requirements of subsections (c) |
13 | | through (e-5) of this Section, an electricity provider must |
14 | | require dual-channel metering for customers operating eligible |
15 | | renewable electrical generating facilities with a nameplate |
16 | | rating up to 2,000 kilowatts and to whom the provisions of |
17 | | neither subsection (d), (d-5), nor (e) of this Section apply. |
18 | | In such cases, electricity charges and credits shall be |
19 | | determined as follows:
|
20 | | (1) The electricity provider shall assess and the |
21 | | customer remains responsible for all taxes, fees, and |
22 | | utility delivery charges that would otherwise be |
23 | | applicable to the gross amount of kilowatt-hours supplied |
24 | | to the eligible customer by the electricity provider. |
25 | | (2) Each month that service is supplied by means of |
26 | | dual-channel metering, the electricity provider shall |
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| | SB2408 Enrolled | - 744 - | LRB102 11366 BMS 16699 b |
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1 | | compensate the eligible customer for any excess |
2 | | kilowatt-hour credits at the electricity provider's |
3 | | avoided cost of electricity supply over the monthly period |
4 | | or as otherwise specified by the terms of a power-purchase |
5 | | agreement negotiated between the customer and electricity |
6 | | provider. |
7 | | (3) For all eligible net metering customers taking |
8 | | service from an electricity provider under contracts or |
9 | | tariffs employing hourly or time-of-use time of use rates, |
10 | | any monthly consumption of electricity shall be calculated |
11 | | according to the terms of the contract or tariff to which |
12 | | the same customer would be assigned to or be eligible for |
13 | | if the customer was not a net metering customer. When |
14 | | those same customer-generators are net generators during |
15 | | any discrete hourly or time-of-use time of use period, the |
16 | | net kilowatt-hours produced shall be valued at the same |
17 | | price per kilowatt-hour as the electric service provider |
18 | | would charge for retail kilowatt-hour sales during that |
19 | | same time-of-use time of use period.
|
20 | | (g) For purposes of federal and State laws providing |
21 | | renewable energy credits or greenhouse gas credits, the |
22 | | eligible customer shall be treated as owning and having title |
23 | | to the renewable energy attributes, renewable energy credits, |
24 | | and greenhouse gas emission credits related to any electricity |
25 | | produced by the qualified generating unit. The electricity |
26 | | provider may not condition participation in a net metering |
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| | SB2408 Enrolled | - 745 - | LRB102 11366 BMS 16699 b |
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1 | | program on the signing over of a customer's renewable energy |
2 | | credits; provided, however, this subsection (g) shall not be |
3 | | construed to prevent an arms-length agreement between an |
4 | | electricity provider and an eligible customer that sets forth |
5 | | the ownership or title of the credits.
|
6 | | (h) Within 120 days after the effective date of this
|
7 | | amendatory Act of the 95th General Assembly, the Commission |
8 | | shall establish standards for net metering and, if the |
9 | | Commission has not already acted on its own initiative, |
10 | | standards for the interconnection of eligible renewable |
11 | | generating equipment to the utility system. The |
12 | | interconnection standards shall address any procedural |
13 | | barriers, delays, and administrative costs associated with the |
14 | | interconnection of customer-generation while ensuring the |
15 | | safety and reliability of the units and the electric utility |
16 | | system. The Commission shall consider the Institute of |
17 | | Electrical and Electronics Engineers (IEEE) Standard 1547 and |
18 | | the issues of (i) reasonable and fair fees and costs, (ii) |
19 | | clear timelines for major milestones in the interconnection |
20 | | process, (iii) nondiscriminatory terms of agreement, and (iv) |
21 | | any best practices for interconnection of distributed |
22 | | generation. |
23 | | (h-5) Within 90 days after the effective date of this
|
24 | | amendatory Act of the 102nd General Assembly, the Commission
|
25 | | shall:
|
26 | | (1) establish an Interconnection Working Group. The
|
|
| | SB2408 Enrolled | - 746 - | LRB102 11366 BMS 16699 b |
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1 | | working group shall include representatives from electric
|
2 | | utilities, developers of renewable electric generating
|
3 | | facilities, other industries that regularly apply for
|
4 | | interconnection with the electric utilities,
|
5 | | representatives of distributed generation customers, the
|
6 | | Commission Staff, and such other stakeholders with a
|
7 | | substantial interest in the topics addressed by the
|
8 | | Interconnection Working Group. The Interconnection Working |
9 | | Group shall address at least
the following issues: |
10 | | (A) cost and best available technology for
|
11 | | interconnection and metering, including the
|
12 | | standardization and publication of standard costs; |
13 | | (B) transparency, accuracy and use of the
|
14 | | distribution interconnection queue and hosting
|
15 | | capacity maps; |
16 | | (C) distribution system upgrade cost avoidance
|
17 | | through use of advanced inverter functions; |
18 | | (D) predictability of the queue management process
|
19 | | and enforcement of timelines; |
20 | | (E) benefits and challenges associated with group
|
21 | | studies and cost sharing; |
22 | | (F) minimum requirements for application to the
|
23 | | interconnection process and throughout the
|
24 | | interconnection process to avoid queue clogging
|
25 | | behavior; |
26 | | (G) process and customer service for
|
|
| | SB2408 Enrolled | - 747 - | LRB102 11366 BMS 16699 b |
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1 | | interconnecting customers adopting distributed energy
|
2 | | resources, including energy storage; |
3 | | (H) options for metering distributed energy
|
4 | | resources, including energy storage; |
5 | | (I) interconnection of new technologies, including
|
6 | | smart inverters and energy storage; |
7 | | (J) collect, share, and examine data on Level 1 |
8 | | interconnection costs, including cost and type of |
9 | | upgrades required for interconnection, and use this |
10 | | data to inform the final standardized cost of Level 1 |
11 | | interconnection; and |
12 | | (K) such other technical,
policy, and tariff |
13 | | issues related to and affecting
interconnection |
14 | | performance and customer service as
determined by the |
15 | | Interconnection Working Group. |
16 | | The Commission may create subcommittees
of the |
17 | | Interconnection Working Group to focus on specific issues |
18 | | of
importance, as appropriate. The Interconnection Working |
19 | | Group shall report
to the Commission on recommended |
20 | | improvements to
interconnection rules and tariffs and |
21 | | policies as
determined by the Interconnection Working |
22 | | Group at least every 6 months.
Such reports shall include |
23 | | consensus recommendations of
the Interconnection Working |
24 | | Group and, if applicable, additional
recommendations for |
25 | | which consensus was not reached. The
Commission shall use |
26 | | the report from the Interconnection Working Group to
|
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| | SB2408 Enrolled | - 748 - | LRB102 11366 BMS 16699 b |
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1 | | determine whether processes should be commenced to
|
2 | | formally codify or implement the recommendations; |
3 | | (2) create or contract for an Ombudsman to resolve
|
4 | | interconnection disputes through non-binding arbitration. |
5 | | The Ombudsman may be paid in full or in part through fees |
6 | | levied on the initiators of the dispute; and |
7 | | (3) determine a single standardized cost for Level 1
|
8 | | interconnections, which shall not exceed $200. |
9 | | (i) All electricity providers shall begin to offer net |
10 | | metering
no later than April 1,
2008.
|
11 | | (j) An electricity provider shall provide net metering to |
12 | | eligible
customers according to subsections (d), (d-5), and
|
13 | | (e). Eligible renewable electrical generating facilities for |
14 | | which eligible customers registered for net metering before |
15 | | January 1, 2025 shall continue to receive net metering |
16 | | services according to subsections (d), (d-5), and (e) of this |
17 | | Section for the lifetime of the system, regardless of whether |
18 | | those retail customers change electricity providers or whether |
19 | | the retail customer benefiting from the system changes. On and |
20 | | after January 1, 2025, any eligible customer that applies for |
21 | | net metering and previously would have qualified under |
22 | | subsections (d), (d-5), or (e) shall only be eligible for net |
23 | | metering as described in subsection (n). until the load of its |
24 | | net metering customers equals 5% of
the total peak demand |
25 | | supplied by
that electricity provider during the
previous |
26 | | year. After such time as the load of the electricity |
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| | SB2408 Enrolled | - 749 - | LRB102 11366 BMS 16699 b |
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1 | | provider's net metering customers equals 5% of the total peak |
2 | | demand supplied by that electricity provider during the |
3 | | previous year, eligible customers that begin taking net |
4 | | metering shall only be eligible for netting of energy.
|
5 | | (k) Each electricity provider shall maintain records and |
6 | | report annually to the Commission the total number of net |
7 | | metering customers served by the provider, as well as the |
8 | | type, capacity, and energy sources of the generating systems |
9 | | used by the net metering customers. Nothing in this Section |
10 | | shall limit the ability of an electricity provider to request |
11 | | the redaction of information deemed by the Commission to be |
12 | | confidential business information. |
13 | | (l)(1) Notwithstanding the definition of "eligible |
14 | | customer" in item (ii) of subsection (b) of this Section, each |
15 | | electricity provider shall allow net metering as set forth in |
16 | | this subsection (l) and for the following projects , provided |
17 | | that only electric utilities serving more than 200,000 |
18 | | customers as of January 1, 2021 shall provide net metering for |
19 | | projects that are eligible for subparagraph (C) of this |
20 | | paragraph (1) and have energized after the effective date of |
21 | | this amendatory Act of the 102nd General Assembly :
|
22 | | (A) properties owned or leased by multiple customers |
23 | | that contribute to the operation of an eligible renewable |
24 | | electrical generating facility through an ownership or |
25 | | leasehold interest of at least 200 watts in such facility, |
26 | | such as a community-owned wind project, a community-owned |
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| | SB2408 Enrolled | - 750 - | LRB102 11366 BMS 16699 b |
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1 | | biomass project, a community-owned solar project, or a |
2 | | community methane digester processing livestock waste from |
3 | | multiple sources, provided that the facility is also |
4 | | located within the utility's service territory;
|
5 | | (B) individual units, apartments, or properties |
6 | | located in a single building that are owned or leased by |
7 | | multiple customers and collectively served by a common |
8 | | eligible renewable electrical generating facility, such as |
9 | | an office or apartment building, a shopping center or |
10 | | strip mall served by photovoltaic panels on the roof; and
|
11 | | (C) subscriptions to community renewable generation |
12 | | projects , including community renewable generation |
13 | | projects on the customer's side of the billing meter of a |
14 | | host facility and partially used for the customer's own |
15 | | load . |
16 | | In addition, the nameplate capacity of the eligible |
17 | | renewable electric generating facility that serves the demand |
18 | | of the properties, units, or apartments identified in |
19 | | paragraphs (1) and (2) of this subsection (l) shall not exceed |
20 | | 5,000 2,000 kilowatts in nameplate capacity in total.
Any |
21 | | eligible renewable electrical generating facility or community |
22 | | renewable generation project that is powered by photovoltaic |
23 | | electric energy and installed after the effective date of this |
24 | | amendatory Act of the 99th General Assembly must be installed |
25 | | by a qualified person in compliance with the requirements of |
26 | | Section 16-128A of the Public Utilities Act and any rules or |
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| | SB2408 Enrolled | - 751 - | LRB102 11366 BMS 16699 b |
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1 | | regulations adopted thereunder. |
2 | | (2) Notwithstanding anything to the contrary, an |
3 | | electricity provider shall provide credits for the electricity |
4 | | produced by the projects described in paragraph (1) of this |
5 | | subsection (l). The electricity provider shall provide credits |
6 | | that include at least energy supply, capacity, transmission, |
7 | | and, if applicable, the purchased energy adjustment at the |
8 | | subscriber's energy supply rate on the subscriber's monthly |
9 | | bill equal to the subscriber's share of the production of |
10 | | electricity from the project, as determined by paragraph (3) |
11 | | of this subsection (l). For customers with transmission or |
12 | | capacity charges not charged on a kilowatt-hour basis, the |
13 | | electricity provider shall prepare a reasonable approximation |
14 | | of the kilowatt-hour equivalent value and provide that value |
15 | | as a monetary credit. The electricity provider shall submit |
16 | | these approximation methodologies to the Commission for |
17 | | review, modification, and approval. Notwithstanding anything |
18 | | to the contrary, customers on payment plans or participating |
19 | | in budget billing programs shall have credits applied on a |
20 | | monthly basis. |
21 | | (3) Notwithstanding anything to the contrary and |
22 | | regardless of whether a subscriber to an eligible community |
23 | | renewable generation project receives power and energy service |
24 | | from the electric utility or an alternative retail electric |
25 | | supplier, for projects eligible under paragraph (C) of |
26 | | subparagraph (1) of this subsection (l), electric utilities |
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| | SB2408 Enrolled | - 752 - | LRB102 11366 BMS 16699 b |
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1 | | serving more than 200,000 customers as of January 1, 2021 |
2 | | shall provide the monetary credits to a subscriber's |
3 | | subsequent bill for the electricity produced by community |
4 | | renewable generation projects. The electric utility shall |
5 | | provide monetary credits to a subscriber's subsequent bill at |
6 | | the utility's total price to compare equal to the subscriber's |
7 | | share of the production of electricity from the project, as |
8 | | determined by paragraph (5) of this subsection (l). For the |
9 | | purposes of this subsection, "total price to compare" means |
10 | | the rate or rates published by the Illinois Commerce |
11 | | Commission for energy supply for eligible customers receiving |
12 | | supply service from the electric utility, and shall include |
13 | | energy, capacity, transmission, and the purchased energy |
14 | | adjustment. Notwithstanding anything to the contrary, |
15 | | customers on payment plans or participating in budget billing |
16 | | programs shall have credits applied on a monthly basis. Any |
17 | | applicable credit or reduction in load obligation from the |
18 | | production of the community renewable generating projects |
19 | | receiving a credit under this subsection shall be credited to |
20 | | the electric utility to offset the cost of providing the |
21 | | credit. To the extent that the credit or load obligation |
22 | | reduction does not completely offset the cost of providing the |
23 | | credit to subscribers of community renewable generation |
24 | | projects as described in this subsection, the electric utility |
25 | | may recover the remaining costs through its Multi-Year Rate |
26 | | Plan. All electric utilities serving 200,000 or fewer |
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| | SB2408 Enrolled | - 753 - | LRB102 11366 BMS 16699 b |
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1 | | customers as of January 1, 2021 shall only provide the |
2 | | monetary credits to a subscriber's subsequent bill for the |
3 | | electricity produced by community renewable generation |
4 | | projects if the subscriber receives power and energy service |
5 | | from the electric utility. Alternative retail electric |
6 | | suppliers providing power and energy service to a subscriber |
7 | | located within the service territory of an electric utility |
8 | | not subject to Sections 16-108.18 and 16-118 shall provide the |
9 | | monetary credits to the subscriber's subsequent bill for the |
10 | | electricity produced by community renewable generation |
11 | | projects. |
12 | | (4) If requested by the owner or operator of a community |
13 | | renewable generating project, an electric utility serving more |
14 | | than 200,000 customers as of January 1, 2021 shall enter into a |
15 | | net crediting agreement with the owner or operator to include |
16 | | a subscriber's subscription fee on the subscriber's monthly |
17 | | electric bill and provide the subscriber with a net credit |
18 | | equivalent to the total bill credit value for that generation |
19 | | period minus the subscription fee, provided the subscription |
20 | | fee is structured as a fixed percentage of bill credit value. |
21 | | The net crediting agreement shall set forth payment terms from |
22 | | the electric utility to the owner or operator of the community |
23 | | renewable generating project, and the electric utility may |
24 | | charge a net crediting fee to the owner or operator of a |
25 | | community renewable generating project that may not exceed 2% |
26 | | of the bill credit value. Notwithstanding anything to the |
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| | SB2408 Enrolled | - 754 - | LRB102 11366 BMS 16699 b |
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1 | | contrary, an electric utility serving 200,000 customers or |
2 | | fewer as of January 1, 2021 shall not be obligated to enter |
3 | | into a net crediting agreement with the owner or operator of a |
4 | | community renewable generating project. |
5 | | (5) (3) For the purposes of facilitating net metering, the |
6 | | owner or operator of the eligible renewable electrical |
7 | | generating facility or community renewable generation project |
8 | | shall be responsible for determining the amount of the credit |
9 | | that each customer or subscriber participating in a project |
10 | | under this subsection (l) is to receive in the following |
11 | | manner:
|
12 | | (A) The owner or operator shall, on a monthly basis, |
13 | | provide to the electric utility the kilowatthours of |
14 | | generation attributable to each of the utility's retail |
15 | | customers and subscribers participating in projects under |
16 | | this subsection (l) in accordance with the customer's or |
17 | | subscriber's share of the eligible renewable electric |
18 | | generating facility's or community renewable generation |
19 | | project's output of power and energy for such month. The |
20 | | owner or operator shall electronically transmit such |
21 | | calculations and associated documentation to the electric |
22 | | utility, in a format or method set forth in the applicable |
23 | | tariff, on a monthly basis so that the electric utility |
24 | | can reflect the monetary credits on customers' and |
25 | | subscribers' electric utility bills. The electric utility |
26 | | shall be permitted to revise its tariffs to implement the |
|
| | SB2408 Enrolled | - 755 - | LRB102 11366 BMS 16699 b |
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1 | | provisions of this amendatory Act of the 102nd General |
2 | | Assembly this amendatory Act of the 99th General Assembly . |
3 | | The owner or operator shall separately provide the |
4 | | electric utility with the documentation detailing the |
5 | | calculations supporting the credit in the manner set forth |
6 | | in the applicable tariff. |
7 | | (B) For those participating customers and subscribers |
8 | | who receive their energy supply from an alternative retail |
9 | | electric supplier, the electric utility shall remit to the |
10 | | applicable alternative retail electric supplier the |
11 | | information provided under subparagraph (A) of this |
12 | | paragraph (3) for such customers and subscribers in a |
13 | | manner set forth in such alternative retail electric |
14 | | supplier's net metering program, or as otherwise agreed |
15 | | between the utility and the alternative retail electric |
16 | | supplier. The alternative retail electric supplier shall |
17 | | then submit to the utility the amount of the charges for |
18 | | power and energy to be applied to such customers and |
19 | | subscribers, including the amount of the credit associated |
20 | | with net metering. |
21 | | (C) A participating customer or subscriber may provide |
22 | | authorization as required by applicable law that directs |
23 | | the electric utility to submit information to the owner or |
24 | | operator of the eligible renewable electrical generating |
25 | | facility or community renewable generation project to |
26 | | which the customer or subscriber has an ownership or |
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| | SB2408 Enrolled | - 756 - | LRB102 11366 BMS 16699 b |
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1 | | leasehold interest or a subscription. Such information |
2 | | shall be limited to the components of the net metering |
3 | | credit calculated under this subsection (l), including the |
4 | | bill credit rate, total kilowatthours, and total monetary |
5 | | credit value applied to the customer's or subscriber's |
6 | | bill for the monthly billing period. |
7 | | (l-5) Within 90 days after the effective date of this |
8 | | amendatory Act of the 102nd General Assembly this amendatory |
9 | | Act of the 99th General Assembly , each electric utility |
10 | | subject to this Section shall file a tariff or tariffs to |
11 | | implement the provisions of subsection (l) of this Section, |
12 | | which shall, consistent with the provisions of subsection (l), |
13 | | describe the terms and conditions under which owners or |
14 | | operators of qualifying properties, units, or apartments may |
15 | | participate in net metering. The Commission shall approve, or |
16 | | approve with modification, the tariff within 120 days after |
17 | | the effective date of this amendatory Act of the 102nd General |
18 | | Assembly this amendatory Act of the 99th General Assembly . |
19 | | (m) Nothing in this Section shall affect the right of an |
20 | | electricity provider to continue to provide, or the right of a |
21 | | retail customer to continue to receive service pursuant to a |
22 | | contract for electric service between the electricity provider |
23 | | and the retail customer in accordance with the prices, terms, |
24 | | and conditions provided for in that contract. Either the |
25 | | electricity provider or the customer may require compliance |
26 | | with the prices, terms, and conditions of the contract.
|
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| | SB2408 Enrolled | - 757 - | LRB102 11366 BMS 16699 b |
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1 | | (n) On and after January 1, 2025 At such time, if any, that |
2 | | the load of the electricity provider's net metering customers |
3 | | equals 5% of the total peak demand supplied by that |
4 | | electricity provider during the previous year, as specified in |
5 | | subsection (j) of this Section , the net metering services |
6 | | described in subsections (d), (d-5), and (e) , (e-5), and (f) |
7 | | of this Section shall no longer be offered, except as to those |
8 | | eligible renewable electrical generating facilities for which |
9 | | retail customers that are receiving net metering service under |
10 | | these subsections at the time the net metering services under |
11 | | those subsections are no longer offered ; those systems shall |
12 | | continue to receive net metering services described in |
13 | | subsections (d), (d-5), and (e) of this Section for the |
14 | | lifetime of the system, regardless of if those retail |
15 | | customers change electricity providers or whether the retail |
16 | | customer benefiting from the system changes. The electric |
17 | | utility serving more than 200,000 customers as of January 1, |
18 | | 2021 is responsible for ensuring the billing credits continue |
19 | | without lapse for the lifetime of systems, as required in |
20 | | subsection (o) . Those retail customers that begin taking net |
21 | | metering service after the date that net metering services are |
22 | | no longer offered under such subsections shall be subject to |
23 | | the provisions set forth in the following paragraphs (1) |
24 | | through (3) of this subsection (n): |
25 | | (1) An electricity provider shall charge or credit for |
26 | | the net electricity supplied to eligible customers or |
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| | SB2408 Enrolled | - 758 - | LRB102 11366 BMS 16699 b |
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1 | | provided by eligible customers whose electric supply |
2 | | service is not provided based on hourly pricing in the |
3 | | following manner: |
4 | | (A) If the amount of electricity used by the |
5 | | customer during the monthly billing period exceeds the |
6 | | amount of electricity produced by the customer, then |
7 | | the electricity provider shall charge the customer for |
8 | | the net kilowatt-hour based electricity charges |
9 | | reflected in the customer's electric service rate |
10 | | supplied to and used by the customer as provided in |
11 | | paragraph (3) of this subsection (n). |
12 | | (B) If the amount of electricity produced by a |
13 | | customer during the monthly billing period exceeds the |
14 | | amount of electricity used by the customer during that |
15 | | billing period, then the electricity provider |
16 | | supplying that customer shall apply a 1:1 |
17 | | kilowatt-hour energy or monetary credit kilowatt-hour |
18 | | supply charges to the customer's subsequent bill. The |
19 | | customer shall choose between 1:1 kilowatt-hour or |
20 | | monetary credit at the time of application.
For the |
21 | | purposes of this subsection, "kilowatt-hour
supply |
22 | | charges" means the kilowatt-hour equivalent
values for |
23 | | energy, capacity, transmission, and the
purchased |
24 | | energy adjustment, if applicable.
Notwithstanding |
25 | | anything to the contrary, customers on
payment plans |
26 | | or participating in budget billing
programs shall have |
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| | SB2408 Enrolled | - 759 - | LRB102 11366 BMS 16699 b |
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1 | | credits applied on a monthly basis. that reflects the |
2 | | kilowatt-hour based energy charges in the customer's |
3 | | electric service rate to a subsequent bill for service |
4 | | to the customer for the net electricity supplied to |
5 | | the electricity provider. The electricity provider |
6 | | shall continue to carry over any excess kilowatt-hour |
7 | | or monetary energy credits earned and apply those |
8 | | credits to subsequent billing periods . For customers |
9 | | with transmission or capacity charges not charged on a |
10 | | kilowatt-hour basis, the electricity provider shall |
11 | | prepare a reasonable approximation of the |
12 | | kilowatt-hour equivalent value and provide that value |
13 | | as a monetary credit. The electricity provider shall |
14 | | submit these approximation methodologies to the |
15 | | Commission for review, modification, and approval. to |
16 | | offset any customer-generator consumption in those |
17 | | billing periods until all credits are used or until |
18 | | the end of the annualized period. |
19 | | (C) (Blank). At the end of the year or annualized |
20 | | over the period that service is supplied by means of |
21 | | net metering, or in the event that the retail customer |
22 | | terminates service with the electricity provider prior |
23 | | to the end of the year or the annualized period, any |
24 | | remaining credits in the customer's account shall |
25 | | expire. |
26 | | (2) An electricity provider shall charge or credit for |
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| | SB2408 Enrolled | - 760 - | LRB102 11366 BMS 16699 b |
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1 | | the net electricity supplied to eligible customers or |
2 | | provided by eligible customers whose electric supply |
3 | | service is provided based on hourly pricing in the |
4 | | following manner: |
5 | | (A) If the amount of electricity used by the |
6 | | customer during any hourly period exceeds the amount |
7 | | of electricity produced by the customer, then the |
8 | | electricity provider shall charge the customer for the |
9 | | net electricity supplied to and used by the customer |
10 | | as provided in paragraph (3) of this subsection (n). |
11 | | (B) If the amount of electricity produced by a |
12 | | customer during any hourly period exceeds the amount |
13 | | of electricity used by the customer during that hourly |
14 | | period, the energy provider shall calculate an energy |
15 | | credit for the net kilowatt-hours produced in such |
16 | | period , and shall apply that credit as a monetary
|
17 | | credit to the customer's subsequent bill . The value of |
18 | | the energy credit shall be calculated using the same |
19 | | price per kilowatt-hour as the electric service |
20 | | provider would charge for kilowatt-hour energy sales |
21 | | during that same hourly period and shall also include
|
22 | | values for capacity and transmission . For customers |
23 | | with transmission or capacity charges not charged on a |
24 | | kilowatt-hour basis, the electricity provider shall |
25 | | prepare a reasonable approximation of the |
26 | | kilowatt-hour equivalent value and provide that value |
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| | SB2408 Enrolled | - 761 - | LRB102 11366 BMS 16699 b |
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1 | | as a monetary credit. The electricity provider shall |
2 | | submit these approximation methodologies to the |
3 | | Commission for review, modification, and approval. |
4 | | Notwithstanding anything to the contrary, customers on
|
5 | | payment plans or participating in budget billing
|
6 | | programs shall have credits applied on a monthly |
7 | | basis. |
8 | | (3) An electricity provider shall provide electric |
9 | | service to eligible customers who utilize net metering at |
10 | | non-discriminatory rates that are identical, with respect |
11 | | to rate structure, retail rate components, and any monthly |
12 | | charges, to the rates that the customer would be charged |
13 | | if not a net metering customer. An electricity provider |
14 | | shall charge the customer for the net electricity supplied |
15 | | to and used by the customer according to the terms of the |
16 | | contract or tariff to which the same customer would be |
17 | | assigned or be eligible for if the customer was not a net |
18 | | metering customer. An electricity provider shall not |
19 | | charge net metering customers any fee or charge or require |
20 | | additional equipment, insurance, or any other requirements |
21 | | not specifically authorized by interconnection standards |
22 | | authorized by the Commission, unless the fee, charge, or |
23 | | other requirement would apply to other similarly situated |
24 | | customers who are not net metering customers. The charge |
25 | | or credit that the customer receives for net electricity |
26 | | shall be at a rate equal to the customer's energy supply |
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| | SB2408 Enrolled | - 762 - | LRB102 11366 BMS 16699 b |
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1 | | rate. The customer remains responsible for the gross |
2 | | amount of delivery services charges, supply-related |
3 | | charges that are kilowatt based, and all taxes and fees |
4 | | related to such charges. The customer also remains |
5 | | responsible for all taxes and fees that would otherwise be |
6 | | applicable to the net amount of electricity used by the |
7 | | customer. Paragraphs (1) and (2) of this subsection (n) |
8 | | shall not be construed to prevent an arms-length agreement |
9 | | between an electricity provider and an eligible customer |
10 | | that sets forth different prices, terms, and conditions |
11 | | for the provision of net metering service, including, but |
12 | | not limited to, the provision of the appropriate metering |
13 | | equipment for non-residential customers. Nothing in this |
14 | | paragraph (3) shall be interpreted to mandate that a |
15 | | utility that is only required to provide delivery services |
16 | | to a given customer must also sell electricity to such |
17 | | customer.
|
18 | | (o) Within 90 days after the effective date of this |
19 | | amendatory Act of the 102nd General Assembly, each electric |
20 | | utility subject to this Section shall file a tariff, which |
21 | | shall, consistent with the provisions of this Section, propose |
22 | | the terms and conditions under which a customer may |
23 | | participate in net metering. The tariff for electric utilities |
24 | | serving more than 200,000 customers as of January 1, 2021 |
25 | | shall also provide a streamlined and transparent bill |
26 | | crediting system for net metering to be managed by the |
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| | SB2408 Enrolled | - 763 - | LRB102 11366 BMS 16699 b |
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1 | | electric utilities. The terms and conditions shall include, |
2 | | but are not limited to, that an electric utility shall manage |
3 | | and maintain billing of net metering credits and charges |
4 | | regardless of if the eligible customer takes net metering |
5 | | under an electric utility or alternative retail electric |
6 | | supplier. The electric utility serving more than 200,000 |
7 | | customers as of January 1, 2021 shall process and approve all |
8 | | net metering applications, even if an eligible customer is |
9 | | served by an alternative retail electric supplier; and the |
10 | | utility shall forward application approval to the appropriate |
11 | | alternative retail electric supplier. Eligibility for net |
12 | | metering shall remain with the owner of the utility billing |
13 | | address such that, if an eligible renewable electrical |
14 | | generating facility changes ownership, the net metering |
15 | | eligibility transfers to the new owner. The electric utility |
16 | | serving more than 200,000 customers as of January 1, 2021 |
17 | | shall manage net metering billing for eligible customers to |
18 | | ensure full crediting occurs on electricity bills, including, |
19 | | but not limited to, ensuring net metering crediting begins |
20 | | upon commercial operation date, net metering billing transfers |
21 | | immediately if an eligible customer switches from an electric |
22 | | utility to alternative retail electric supplier or vice versa, |
23 | | and net metering billing transfers between ownership of a |
24 | | valid billing address. All transfers referenced in the |
25 | | preceding sentence shall include transfer of all banked |
26 | | credits. All electric utilities serving 200,000 or fewer |
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| | SB2408 Enrolled | - 764 - | LRB102 11366 BMS 16699 b |
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1 | | customers as of January 1, 2021 shall manage net metering |
2 | | billing for eligible customers receiving power and energy |
3 | | service from the electric utility to ensure full crediting |
4 | | occurs on electricity bills, ensuring net metering crediting |
5 | | begins upon commercial operation date, net metering billing |
6 | | transfers immediately if an eligible customer switches from an |
7 | | electric utility to alternative retail electric supplier or |
8 | | vice versa, and net metering billing transfers between |
9 | | ownership of a valid billing address. Alternative retail |
10 | | electric suppliers providing power and energy service to |
11 | | eligible customers located within the service territory of an |
12 | | electric utility serving 200,000 or fewer customers as of |
13 | | January 1, 2021 shall manage net metering billing for eligible |
14 | | customers to ensure full crediting occurs on electricity |
15 | | bills, including, but not limited to, ensuring net metering |
16 | | crediting begins upon commercial operation date, net metering |
17 | | billing transfers immediately if an eligible customer switches |
18 | | from an electric utility to alternative retail electric |
19 | | supplier or vice versa, and net metering billing transfers |
20 | | between ownership of a valid billing address. |
21 | | (Source: P.A. 99-906, eff. 6-1-17 .) |
22 | | (220 ILCS 5/16-107.6) |
23 | | Sec. 16-107.6. Distributed generation rebate. |
24 | | (a) In this Section: |
25 | | "Additive services" means the services that distributed |
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| | SB2408 Enrolled | - 765 - | LRB102 11366 BMS 16699 b |
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|
1 | | energy resources provide to the energy system and society that |
2 | | are not (1) already included in the base rebates for |
3 | | system-wide grid services; or (2) otherwise already |
4 | | compensated. Additive services may reflect, but shall not be |
5 | | limited to, any geographic, time-based, performance-based, and |
6 | | other benefits of distributed energy resources, as well as the |
7 | | present and future technological capabilities of distributed |
8 | | energy resources and present and future grid needs. |
9 | | "Distributed energy resource" means a wide range of |
10 | | technologies that are located on the customer side of the |
11 | | customer's electric meter, including, but not limited to, |
12 | | distributed generation, energy storage, electric vehicles, and |
13 | | demand response technologies. |
14 | | "Energy storage system" means commercially available |
15 | | technology that is capable of absorbing energy and storing it |
16 | | for a period of time for use at a later time, including, but |
17 | | not limited to, electrochemical, thermal, and |
18 | | electromechanical technologies, and may be interconnected |
19 | | behind the customer's meter or interconnected behind its own |
20 | | meter. |
21 | | "Smart inverter" means a device that converts direct |
22 | | current
into alternating current and meets the IEEE 1547-2018 |
23 | | equipment standards. Until devices that meet the IEEE |
24 | | 1547-2018 standard are available, devices that meet the UL |
25 | | 1741 SA standard are acceptable. can autonomously contribute |
26 | | to grid support during excursions from normal operating |
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| | SB2408 Enrolled | - 766 - | LRB102 11366 BMS 16699 b |
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1 | | voltage and frequency conditions by providing each of the |
2 | | following: dynamic reactive and real power support, voltage |
3 | | and frequency ride-through, ramp rate controls, communication |
4 | | systems with ability to accept external commands, and other |
5 | | functions from the electric utility. |
6 | | "Subscriber" has the meaning set forth in Section 1-10 of |
7 | | the Illinois Power Agency Act. |
8 | | "Subscription" has the meaning set forth in Section 1-10 |
9 | | of the Illinois Power Agency Act. |
10 | | "System-wide grid services" means the benefits that a |
11 | | distributed energy resource provides to the distribution grid |
12 | | for a period of no less than 25 years. System-wide grid |
13 | | services do not vary by location, time, or the performance |
14 | | characteristics of the distributed energy resource. |
15 | | System-wide grid services include, but are not limited to, |
16 | | avoided or deferred distribution capacity costs, resilience |
17 | | and reliability benefits, avoided or deferred distribution |
18 | | operation and maintenance costs, distribution voltage and |
19 | | power quality benefits, and line loss reductions. |
20 | | "Threshold date" means December 31, 2024 or the date on |
21 | | which the utility's tariff or tariffs setting the new |
22 | | compensation values established under subsection (e) take |
23 | | effect, whichever is later. the load of an electricity |
24 | | provider's net metering customers equals 5% of the total peak |
25 | | demand supplied by that electricity provider during the |
26 | | previous year, as specified under subsection (j) of Section |
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1 | | 16-107.5 of this Act. |
2 | | (b) An electric utility that serves more than 200,000 |
3 | | customers in the State shall file a petition with the |
4 | | Commission requesting approval of the utility's tariff to |
5 | | provide a rebate to the owner or operator of a retail customer |
6 | | who owns or operates distributed generation , including |
7 | | third-party owned systems, that meets the following criteria: |
8 | | (1) has a nameplate generating capacity no greater |
9 | | than 5,000 2,000 kilowatts and is primarily used to offset |
10 | | a that customer's electricity load; |
11 | | (2) is located on the customer's side of the billing |
12 | | meter and premises, for the customer's own use , and not |
13 | | for commercial use or sales, including, but not limited |
14 | | to, wholesale sales of electric power and energy ; |
15 | | (3) is located in the electric utility's service |
16 | | territory; and |
17 | | (3) (4) is interconnected to electric distribution |
18 | | facilities owned by the electric utility under rules |
19 | | adopted by the Commission by means of the inverter or |
20 | | smart inverter required by this Section, as applicable. |
21 | | For purposes of this Section, "distributed generation" |
22 | | shall satisfy the definition of distributed renewable energy |
23 | | generation device set forth in Section 1-10 of the Illinois |
24 | | Power Agency Act to the extent such definition is consistent |
25 | | with the requirements of this Section. |
26 | | In addition, any new photovoltaic distributed generation |
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1 | | that is installed after June 1, 2017 ( the effective date of |
2 | | Public Act 99-906) this amendatory Act of the 99th General |
3 | | Assembly must be installed by a qualified person, as defined |
4 | | by subsection (i) of Section 1-56 of the Illinois Power Agency |
5 | | Act. |
6 | | The tariff shall include a base rebate that compensates |
7 | | distributed generation for the system-wide grid services |
8 | | associated with distributed generation and, after the |
9 | | proceeding described in subsection (e) of this Section, an |
10 | | additional payment or payments for the additive services. The |
11 | | tariff shall provide that the smart inverter associated with |
12 | | the distributed generation shall provide autonomous response |
13 | | to grid conditions through its default settings as approved by |
14 | | the Commission. Default settings may not be changed after the |
15 | | execution of the interconnection agreement except by mutual |
16 | | agreement between the utility and the owner or operator of the |
17 | | distributed generation. provide that the utility shall be |
18 | | permitted to operate and control the smart inverter associated |
19 | | with the distributed generation that is the subject of the |
20 | | rebate for the purpose of preserving reliability during |
21 | | distribution system reliability events and shall address the |
22 | | terms and conditions of the operation and the compensation |
23 | | associated with the operation. Nothing in this Section shall |
24 | | negate or supersede Institute of Electrical and Electronics |
25 | | Engineers equipment interconnection requirements or standards |
26 | | or other similar standards or requirements. The tariff shall |
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1 | | not limit the ability of the smart inverter or other |
2 | | distributed energy resource to provide wholesale market |
3 | | products such as regulation, demand response, or other |
4 | | services, or limit the ability of the owner of the smart |
5 | | inverter or the other distributed energy resource to receive |
6 | | compensation for providing those wholesale market products or |
7 | | services. The tariff shall also provide for additional uses of |
8 | | the smart inverter that shall be separately compensated and |
9 | | which may include, but are not limited to, voltage and VAR |
10 | | support, regulation, and other grid services. As part of the |
11 | | proceeding described in subsection (e) of this Section, the |
12 | | Commission shall review and determine whether smart inverters |
13 | | can provide any additional uses or services. If the Commission |
14 | | determines that an additional use or service would be |
15 | | beneficial, the Commission shall determine the terms and |
16 | | conditions of the operation and how the use or service should |
17 | | be separately compensated. |
18 | | (b-5) Within 30 days after the effective date of this |
19 | | amendatory Act of the 102nd General Assembly, each electric |
20 | | public utility with 3,000,000 or more retail customers shall |
21 | | file a tariff with the Commission that further compensates any |
22 | | retail customer that installs or has installed photovoltaic |
23 | | facilities paired with energy storage facilities on or |
24 | | adjacent to its premises for the benefits the facilities |
25 | | provide to the distribution grid. The tariff shall provide |
26 | | that, in addition to the other rebates identified in this |
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1 | | Section, the electric utility shall rebate to such retail |
2 | | customer (i) the previously incurred and future costs of |
3 | | installing interconnection facilities and related |
4 | | infrastructure to enable full participation in the PJM |
5 | | Interconnection, LLC or its successor organization frequency |
6 | | regulation market; and (ii) all wholesale demand charges |
7 | | incurred after the effective date of this amendatory Act of |
8 | | the 102nd General Assembly. The Commission shall approve, or |
9 | | approve with modification, the tariff within 120 days after |
10 | | the utility's filing. |
11 | | (c) The proposed tariff authorized by subsection (b) of |
12 | | this Section shall include the following participation terms |
13 | | for and formulae to calculate the value of the rebates to be |
14 | | applied under this Section for distributed generation that |
15 | | satisfies the criteria set forth in subsection (b) of this |
16 | | Section: |
17 | | (1) The owner or operator of distributed generation |
18 | | that services (1) Until the utility files its tariff or |
19 | | tariffs to place into effect the rebate values established |
20 | | by the Commission under subsection (e) of this Section, |
21 | | non-residential customers not eligible for net metering |
22 | | under subsection (d), (d-5), or (e) of Section 16-107.5 of |
23 | | this Act that are taking service under a net metering |
24 | | program offered by an electricity provider under the terms |
25 | | of Section 16-107.5 of this Act may apply for a rebate as |
26 | | provided for in this Section. Until the threshold date, |
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1 | | the The value of the rebate shall be $250 per kilowatt of |
2 | | nameplate generating capacity, measured as nominal DC |
3 | | power output, of that a non-residential customer's |
4 | | distributed generation. To the extent the distributed |
5 | | generation also has an associated energy storage, then the |
6 | | energy storage system shall be separately compensated with |
7 | | a base rebate of $250 per kilowatt-hour of nameplate |
8 | | capacity. Any distributed generation device that is |
9 | | compensated for storage in this subsection (1) before the |
10 | | threshold date shall participate in one or more programs |
11 | | determined through the Multi-Year Integrated Grid Planning |
12 | | process that are designed to meet peak reduction and |
13 | | flexibility. After the threshold date, the value of the |
14 | | base rebate and additional compensation for any additive |
15 | | services shall be as determined by the Commission in the |
16 | | proceeding described in subsection (e) of this Section, |
17 | | provided that the value of the base rebate for system-wide |
18 | | grid services shall not be lower than $250 per kilowatt of |
19 | | nameplate generating capacity of distributed generation or |
20 | | community renewable generation project. |
21 | | (2) The owner or operator of distributed generation |
22 | | that, before the threshold date, would have been eligible |
23 | | for net metering under subsection (d), (d-5), or (e) of |
24 | | Section 16-107.5 of this Act and that has not previously |
25 | | received a distributed generation rebate, may apply for a |
26 | | rebate as provided for in this Section. Until the |
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1 | | threshold date, the value of the base rebate shall be $300 |
2 | | per kilowatt of nameplate generating capacity, measured as |
3 | | nominal DC power output, of the distributed generation. |
4 | | The owner or operator of distributed generation that, |
5 | | before the threshold date, is eligible for net metering |
6 | | under subsection (d), (d-5), or (e) of Section 16-107.5 of |
7 | | this Act may apply for a base rebate for an energy storage |
8 | | device that uses the same smart inverter as the |
9 | | distributed generation, regardless of whether the |
10 | | distributed generation applies for a rebate for the |
11 | | distributed generation device. The energy storage system |
12 | | shall be separately compensated at a base payment of $300 |
13 | | per kilowatt-hour of nameplate capacity. Any distributed |
14 | | generation device that is compensated for storage in this |
15 | | subsection (2) before the threshold date shall participate |
16 | | in a peak time rebate program, hourly pricing program, or |
17 | | time-of-use rate program offered by the applicable |
18 | | electric utility. After the threshold date, the value of |
19 | | the base rebate and additional compensation for any |
20 | | additive services shall be as determined by the Commission |
21 | | in the proceeding described in subsection (e) of this |
22 | | Section, provided that, prior to December 31, 2029, the |
23 | | value of the base rebate for system-wide services shall |
24 | | not be lower than $300 per kilowatt of nameplate |
25 | | generating capacity of distributed generation, after which |
26 | | it shall not be lower than $250 per kilowatt of nameplate |
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1 | | capacity. |
2 | | (2) After the utility's tariff or tariffs setting the |
3 | | new rebate values established under subsection (d) of this |
4 | | Section take effect, retail customers may, as applicable, |
5 | | make the following elections: |
6 | | (A) Residential customers that are taking service |
7 | | under a net metering program offered by an electricity |
8 | | provider under the terms of Section 16-107.5 of this |
9 | | Act on the threshold date may elect to either continue |
10 | | to take such service under the terms of such program as |
11 | | in effect on such threshold date for the useful life of |
12 | | the customer's eligible renewable electric generating |
13 | | facility as defined in such Section, or file an |
14 | | application to receive a rebate under the terms of |
15 | | this Section, provided that such application must be |
16 | | submitted within 6 months after the effective date of |
17 | | the tariff approved under subsection (d) of this |
18 | | Section. The value of the rebate shall be the amount |
19 | | established by the Commission and reflected in the |
20 | | utility's tariff pursuant to subsection (e) of this |
21 | | Section. |
22 | | (B) Non-residential customers that are taking |
23 | | service under a net metering program offered by an |
24 | | electricity provider under the terms of Section |
25 | | 16-107.5 of this Act on the threshold date may apply |
26 | | for a rebate as provided for in this Section. The value |
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1 | | of the rebate shall be the amount established by the |
2 | | Commission and reflected in the utility's tariff |
3 | | pursuant to subsection (e) of this Section. |
4 | | (3) Upon approval of a rebate application submitted |
5 | | under this subsection (c), the retail customer shall no |
6 | | longer be entitled to receive any delivery service credits |
7 | | for the excess electricity generated by its facility and |
8 | | shall be subject to the provisions of subsection (n) of |
9 | | Section 16-107.5 of this Act. |
10 | | (4) To be eligible for a rebate described in this |
11 | | subsection (c), the owner or operator of the distributed |
12 | | generation customers who begin taking service after the |
13 | | effective date of this amendatory Act of the 99th General |
14 | | Assembly under a net metering program offered by an |
15 | | electricity provider under the terms of Section 16-107.5 |
16 | | of this Act must have a smart inverter installed and in |
17 | | operation on the associated with the customer's |
18 | | distributed generation. |
19 | | (d) The Commission shall review the proposed tariff |
20 | | authorized by subsection submitted under subsections (b) and |
21 | | (c) of this Section and may make changes to the tariff that are |
22 | | consistent with this Section and with the Commission's |
23 | | authority under Article IX of this Act, subject to notice and |
24 | | hearing. Following notice and hearing, the Commission shall |
25 | | issue an order approving, or approving with modification, such |
26 | | tariff no later than 240 days after the utility files its |
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| | SB2408 Enrolled | - 775 - | LRB102 11366 BMS 16699 b |
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1 | | tariff. Upon the effective date of this amendatory Act of the |
2 | | 102nd General Assembly, an electric utility shall file a |
3 | | petition with the Commission to amend and update any existing |
4 | | tariffs to comply with subsections (b) and (c). |
5 | | (e) By no later than June 30, 2023, When the total |
6 | | generating capacity of the electricity provider's net metering |
7 | | customers is equal to 3%, the Commission shall open an |
8 | | independent, statewide investigation into the value of, and |
9 | | compensation for, distributed energy resources. The Commission |
10 | | shall conduct the investigation, but may arrange for experts |
11 | | or consultants independent of the utilities and selected by |
12 | | the Commission to assist with the investigation. The cost of |
13 | | the investigation shall be shared by the utilities filing |
14 | | tariffs under subsection (b) of this Section but may be |
15 | | recovered as an expense through normal ratemaking procedures. |
16 | | an annual process and formula for calculating the value of |
17 | | rebates for the retail customers described in subsections (b) |
18 | | and (f) of this Section that submit rebate applications after |
19 | | the threshold date for an electric utility that elected to |
20 | | file a tariff pursuant to this Section. |
21 | | (1) The Commission shall ensure that the investigation |
22 | | includes, at minimum, diverse sets of stakeholders; a |
23 | | review of best practices in calculating the value of |
24 | | distributed energy resource benefits; a review of the full |
25 | | value of the distributed energy resources and the manner |
26 | | in which each component of that value is or is not |
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| | SB2408 Enrolled | - 776 - | LRB102 11366 BMS 16699 b |
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1 | | otherwise compensated; and assessments of how the value of |
2 | | distributed energy resources may evolve based on the |
3 | | present and future technological capabilities of |
4 | | distributed energy resources and based on present and |
5 | | future grid needs. |
6 | | (2) The Commission's final order concluding this |
7 | | investigation shall establish an annual process and |
8 | | formula for the compensation of distributed generation and |
9 | | energy storage systems, and an initial set of inputs for |
10 | | that formula. The Commission's final order concluding this |
11 | | investigation shall establish base rebates that compensate |
12 | | distributed generation, community renewable generation |
13 | | projects and energy storage systems for the system-wide |
14 | | grid services that they provide. Those base rebate values |
15 | | shall be consistent across the state, and shall not vary |
16 | | by customer, customer class, customer location, or any |
17 | | other variable. With respect to rebates for distributed |
18 | | generation or community renewable generation projects, |
19 | | that rebate shall not be lower than $250 per kilowatt of |
20 | | nameplate generating capacity of the distributed |
21 | | generation or community renewable generation project. The |
22 | | Commission's final order concluding this proceeding shall |
23 | | also direct the utilities to update the formula, on an |
24 | | annual basis, with inputs derived from their integrated |
25 | | grid plans developed pursuant to Section 16-105.17. The |
26 | | base rebate shall be updated annually based on the annual |
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1 | | updates to the formula inputs, but, with respect to |
2 | | rebates for distributed generation or community renewable |
3 | | generation projects, shall be no lower than $250 per |
4 | | kilowatt of nameplate generating capacity of the |
5 | | distributed generation or community renewable generation |
6 | | project. |
7 | | (3) The Commission shall also determine, as a part of |
8 | | its investigation under this subsection, whether |
9 | | distributed energy resources can provide any additive |
10 | | services. Those additive services may include services |
11 | | that are provided through utility-controlled responses to |
12 | | grid conditions. If the Commission determines that |
13 | | distributed energy resources can provide additive grid |
14 | | services, the Commission shall determine the terms and |
15 | | conditions for the operation and compensation of those |
16 | | services. That compensation shall be above and beyond the |
17 | | base rebate that the distributed energy generation, |
18 | | community renewable generation project and energy storage |
19 | | system receives. Compensation for additive services may |
20 | | vary by location, time, performance characteristics, |
21 | | technology types, or other variables. |
22 | | (4) The Commission shall ensure that compensation for |
23 | | distributed energy resources, including base rebates and |
24 | | any payments for additive services, shall reflect all |
25 | | reasonably known and measurable values of the distributed |
26 | | generation over its full expected useful life. |
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| | SB2408 Enrolled | - 778 - | LRB102 11366 BMS 16699 b |
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1 | | Compensation for additive services shall reflect, but |
2 | | shall not be limited to, any geographic, time-based, |
3 | | performance-based, and other benefits of distributed |
4 | | generation, as well as the present and future |
5 | | technological capabilities of distributed energy resources |
6 | | and present and future grid needs. |
7 | | (5) The Commission shall consider the electric |
8 | | utility's integrated grid plan developed pursuant to |
9 | | Section 16-105.17 of this Act to help identify the value |
10 | | of distributed energy resources for the purpose of |
11 | | calculating the compensation described in this subsection. |
12 | | (6) The Commission shall determine additional |
13 | | compensation for distributed energy resources that creates |
14 | | savings and value on the distribution system by being |
15 | | co-located or in close proximity to electric vehicle |
16 | | charging infrastructure in use by medium-duty and |
17 | | heavy-duty vehicles, primarily serving environmental |
18 | | justice communities, as outlined in the utility integrated |
19 | | grid planning process under Section 16-105.17 of this Act. |
20 | | No later than 60 days after the Commission enters its |
21 | | final order under this subsection (e), each utility shall file |
22 | | its updated tariff or tariffs in compliance with the order, |
23 | | including new tariffs for the recovery of costs incurred under |
24 | | this subsection (e) that shall provide for volumetric-based |
25 | | cost recovery, and the Commission shall approve, or approve |
26 | | with modification, the tariff or tariffs within 240 days after |
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| | SB2408 Enrolled | - 779 - | LRB102 11366 BMS 16699 b |
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1 | | the utility's filing. |
2 | | The investigation shall include diverse sets of |
3 | | stakeholders, calculations for valuing distributed energy |
4 | | resource benefits to the grid based on best practices, and |
5 | | assessments of present and future technological capabilities |
6 | | of distributed energy resources. The value of such rebates |
7 | | shall reflect the value of the distributed generation to the |
8 | | distribution system at the location at which it is |
9 | | interconnected, taking into account the geographic, |
10 | | time-based, and performance-based benefits, as well as |
11 | | technological capabilities and present and future grid needs.
|
12 | | No later than 10 days after the Commission enters its final |
13 | | order under this subsection (e), the utility shall file its |
14 | | tariff or tariffs in compliance with the order, and the |
15 | | Commission shall approve, or approve with modification, the |
16 | | tariff or tariffs within 45 days after the utility's filing. |
17 | | For those rebate applications filed after the threshold date |
18 | | but before the utility's tariff or tariffs filed pursuant to |
19 | | this subsection (e) take effect, the value of the rebate shall |
20 | | remain at the value established in subsection (c) of this |
21 | | Section until the tariff is approved. |
22 | | (f) Notwithstanding any provision of this Act to the |
23 | | contrary, the owner or operator , developer, or subscriber of |
24 | | a community renewable generation project as defined in Section |
25 | | 1-10 of the Illinois Power Agency Act facility that is part of |
26 | | a net metering program provided under subsection (l) of |
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| | SB2408 Enrolled | - 780 - | LRB102 11366 BMS 16699 b |
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1 | | Section 16-107.5 shall also be eligible to apply for the |
2 | | rebate described in this Section. The owner or operator of the |
3 | | community renewable A subscriber to the generation project |
4 | | facility may apply for a rebate in the amount of the |
5 | | subscriber's subscription only if the owner or operator, or |
6 | | previous owner or operator, of the community renewable |
7 | | generation project , developer, or previous subscriber to the |
8 | | same panel or panels has not already submitted an application, |
9 | | and, regardless of whether the subscriber is a residential or |
10 | | non-residential customer, may be allowed the amount identified |
11 | | in paragraph (1) of subsection (c) or in subsection (e) of this |
12 | | Section applicable to such customer on the date that the |
13 | | application is submitted. An application for a rebate for a |
14 | | portion of a project described in this subsection (f) may be |
15 | | submitted at or after the time that a related request for net |
16 | | metering is made. |
17 | | (g) The owner of the distributed generation or community |
18 | | renewable generation project may apply for the rebate or |
19 | | rebates approved under this Section at the time of execution |
20 | | of an interconnection agreement with the distribution utility |
21 | | and shall receive the value available at that time of |
22 | | execution of the interconnection agreement, provided the |
23 | | project reaches mechanical completion within 24 months after |
24 | | execution of the interconnection agreement. If the project has |
25 | | not reached mechanical completion within 24 months after |
26 | | execution, the owner may reapply for the rebate or rebates |
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| | SB2408 Enrolled | - 781 - | LRB102 11366 BMS 16699 b |
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1 | | approved under this Section available at the time of |
2 | | application and shall receive the value available at the time |
3 | | of application. The utility shall issue the rebate no No later |
4 | | than 60 days after the project is energized. utility receives |
5 | | an application for a rebate under its tariff approved under |
6 | | subsection (d) or (e) of this Section, the utility shall issue |
7 | | a rebate to the applicant under the terms of the tariff. In the |
8 | | event the application is incomplete or the utility is |
9 | | otherwise unable to calculate the payment based on the |
10 | | information provided by the owner, the utility shall issue the |
11 | | payment no later than 60 days after the application is |
12 | | complete or all requested information is received. |
13 | | (h) An electric utility shall recover from its retail |
14 | | customers all of the costs of the rebates made under a tariff |
15 | | or tariffs approved under subsection (d) of placed into effect |
16 | | under this Section, including, but not limited to, the value |
17 | | of the rebates and all costs incurred by the utility to comply |
18 | | with and implement subsections (b) and (c) of this Section, |
19 | | but not including costs incurred by the utility to comply with |
20 | | and implement subsection (e) of this Section, consistent with |
21 | | the following provisions: |
22 | | (1) The utility shall defer the full amount of its |
23 | | costs incurred under this Section as a regulatory asset. |
24 | | The total costs deferred as a regulatory asset shall be |
25 | | amortized over a 15-year period. The unamortized balance |
26 | | shall be recognized as of December 31 for a given year. The |
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| | SB2408 Enrolled | - 782 - | LRB102 11366 BMS 16699 b |
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1 | | utility shall also earn a return on the total of the |
2 | | unamortized balance of the regulatory assets, less any |
3 | | deferred taxes related to the unamortized balance, at an |
4 | | annual rate equal to the utility's weighted average cost |
5 | | of capital that includes, based on a year-end capital |
6 | | structure, the utility's actual cost of debt for the |
7 | | applicable calendar year and a cost of equity, which shall |
8 | | be calculated as the sum of (i) the average for the |
9 | | applicable calendar year of the monthly average yields of |
10 | | 30-year U.S. Treasury bonds published by the Board of |
11 | | Governors of the Federal Reserve System in its weekly H.15 |
12 | | Statistical Release or successor publication; and (ii) 580 |
13 | | basis points, including a revenue conversion factor |
14 | | calculated to recover or refund all additional income |
15 | | taxes that may be payable or receivable as a result of that |
16 | | return. |
17 | | When an electric utility creates a regulatory asset |
18 | | under the provisions of this paragraph (1) of subsection |
19 | | (h) Section , the costs are recovered over a period during |
20 | | which customers also receive a benefit, which is in the |
21 | | public interest. Accordingly, it is the intent of the |
22 | | General Assembly that an electric utility that elects to |
23 | | create a regulatory asset under the provisions of this |
24 | | paragraph (1) Section shall recover all of the associated |
25 | | costs, including, but not limited to, its cost of capital |
26 | | as set forth in this paragraph (1) Section . After the |
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| | SB2408 Enrolled | - 783 - | LRB102 11366 BMS 16699 b |
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1 | | Commission has approved the prudence and reasonableness of |
2 | | the costs that comprise the regulatory asset, the electric |
3 | | utility shall be permitted to recover all such costs, and |
4 | | the value and recoverability through rates of the |
5 | | associated regulatory asset shall not be limited, altered, |
6 | | impaired, or reduced. To enable the financing of the |
7 | | incremental capital expenditures, including regulatory |
8 | | assets, for electric utilities that serve less than |
9 | | 3,000,000 retail customers but more than 500,000 retail |
10 | | customers in the State, the utility's actual year-end |
11 | | capital structure that includes a common equity ratio, |
12 | | excluding goodwill, of up to and including 50% of the |
13 | | total capital structure shall be deemed reasonable and |
14 | | used to set rates. |
15 | | (2) The utility, at its election, may recover all of |
16 | | the costs it incurs under this Section as part of a filing |
17 | | for a general increase in rates under Article IX of this |
18 | | Act, as part of an annual filing to update a |
19 | | performance-based formula rate under subsection (d) of |
20 | | Section 16-108.5 of this Act, or through an automatic |
21 | | adjustment clause tariff, provided that nothing in this |
22 | | paragraph (2) permits the double recovery of such costs |
23 | | from customers. If the utility elects to recover the costs |
24 | | it incurs under subsections (b) and (c) this Section |
25 | | through an automatic adjustment clause tariff, the utility |
26 | | may file its proposed tariff together with the tariff it |
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| | SB2408 Enrolled | - 784 - | LRB102 11366 BMS 16699 b |
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1 | | files under subsection (b) of this Section or at a later |
2 | | time. The proposed tariff shall provide for an annual |
3 | | reconciliation, less any deferred taxes related to the |
4 | | reconciliation, with interest at an annual rate of return |
5 | | equal to the utility's weighted average cost of capital as |
6 | | calculated under paragraph (1) of this subsection (h), |
7 | | including a revenue conversion factor calculated to |
8 | | recover or refund all additional income taxes that may be |
9 | | payable or receivable as a result of that return, of the |
10 | | revenue requirement reflected in rates for each calendar |
11 | | year, beginning with the calendar year in which the |
12 | | utility files its automatic adjustment clause tariff under |
13 | | this subsection (h), with what the revenue requirement |
14 | | would have been had the actual cost information for the |
15 | | applicable calendar year been available at the filing |
16 | | date. The Commission shall review the proposed tariff and |
17 | | may make changes to the tariff that are consistent with |
18 | | this Section and with the Commission's authority under |
19 | | Article IX of this Act, subject to notice and hearing. |
20 | | Following notice and hearing, the Commission shall issue |
21 | | an order approving, or approving with modification, such |
22 | | tariff no later than 240 days after the utility files its |
23 | | tariff. |
24 | | (i) An electric utility shall recover from its retail |
25 | | customers, on a volumetric basis, all of the costs of the |
26 | | rebates made under a tariff or tariffs placed into effect |
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1 | | under subsection (e) of this Section, including, but not |
2 | | limited to, the value of the rebates and all costs incurred by |
3 | | the utility to comply with and implement subsection (e) of |
4 | | this Section, consistent with the following provisions: |
5 | | (1) The utility may defer a portion of its costs as a |
6 | | regulatory asset. The Commission shall determine the |
7 | | portion that may be appropriately deferred as a regulatory |
8 | | asset. Factors that the Commission shall consider in |
9 | | determining the portion of costs that shall be deferred as |
10 | | a regulatory asset include, but are not limited to: (i) |
11 | | whether and the extent to which a cost effectively |
12 | | deferred or avoided other distribution system operating |
13 | | costs or capital expenditures; (ii) the extent to which a |
14 | | cost provides environmental benefits; (iii) the extent to |
15 | | which a cost improves system reliability or resilience; |
16 | | (iv) the electric utility's distribution system plan |
17 | | developed pursuant to Section 16-105.17 of this Act; (v) |
18 | | the extent to which a cost advances equity principles; and |
19 | | (vi) such other factors as the Commission deems |
20 | | appropriate. The remainder of costs shall be deemed an |
21 | | operating expense and shall be recoverable if found |
22 | | prudent and reasonable by the Commission. |
23 | | The total costs deferred as a regulatory asset shall be |
24 | | amortized over a 15-year period. The unamortized balance shall |
25 | | be recognized as of December 31 for a given year. The utility |
26 | | shall also earn a return on the total of the unamortized |
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1 | | balance of the regulatory assets, less any deferred taxes |
2 | | related to the unamortized balance, at an annual rate equal to |
3 | | the utility's weighted average cost of capital that includes, |
4 | | based on a year-end capital structure, the utility's actual |
5 | | cost of debt for the applicable calendar year and a cost of |
6 | | equity, which shall be calculated as the sum of: (I) the |
7 | | average for the applicable calendar year of the monthly |
8 | | average yields of 30-year U.S. Treasury bonds published by the |
9 | | Board of Governors of the Federal Reserve System in its weekly |
10 | | H.15 Statistical Release or successor publication; and (II) |
11 | | 580 basis points, including a revenue conversion factor |
12 | | calculated to recover or refund all additional income taxes |
13 | | that may be payable or receivable as a result of that return. |
14 | | (2) The utility may recover all of the costs through |
15 | | an automatic adjustment clause tariff, on a volumetric |
16 | | basis. The utility may file its proposed cost-recovery |
17 | | tariff together with the tariff it files under subsection |
18 | | (e) of this Section or at a later time. The proposed tariff |
19 | | shall provide for an annual reconciliation, less any |
20 | | deferred taxes related to the reconciliation, with |
21 | | interest at an annual rate of return equal to the |
22 | | utility's weighted average cost of capital as calculated |
23 | | under paragraph (1) of this subsection (i), including a |
24 | | revenue conversion factor calculated to recover or refund |
25 | | all additional income taxes that may be payable or |
26 | | receivable as a result of that return, of the revenue |
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1 | | requirement reflected in rates for each calendar year, |
2 | | beginning with the calendar year in which the utility |
3 | | files its automatic adjustment clause tariff under this |
4 | | subsection (i), with what the revenue requirement would |
5 | | have been had the actual cost information for the |
6 | | applicable calendar year been available at the filing |
7 | | date. The Commission shall review the proposed tariff and |
8 | | may make changes to the tariff that are consistent with |
9 | | this Section and with the Commission's authority under |
10 | | Article IX of this Act, subject to notice and hearing. |
11 | | Following notice and hearing, the Commission shall issue |
12 | | an order approving, or approving with modification, such |
13 | | tariff no later than 240 days after the utility files its |
14 | | tariff. |
15 | | (j) (i) No later than 90 days after the Commission enters |
16 | | an order, or order on rehearing, whichever is later, approving |
17 | | an electric utility's proposed tariff under subsection (d) of |
18 | | this Section, the electric utility shall provide notice of the |
19 | | availability of rebates under this Section. Subsequent to the |
20 | | utility's notice, any entity that offers in the State, for |
21 | | sale or lease, distributed generation and estimates the dollar |
22 | | saving attributable to such distributed generation shall |
23 | | provide estimates based on both delivery service credits and |
24 | | the rebates available under this Section.
|
25 | | (Source: P.A. 99-906, eff. 6-1-17 .)
|
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1 | | (220 ILCS 5/16-108)
|
2 | | Sec. 16-108. Recovery of costs associated with the
|
3 | | provision of delivery and other services. |
4 | | (a) An electric utility shall file a delivery services
|
5 | | tariff with the Commission at least 210 days prior to the date
|
6 | | that it is required to begin offering such services pursuant
|
7 | | to this Act. An electric utility shall provide the components
|
8 | | of delivery services that are subject to the jurisdiction of
|
9 | | the Federal Energy Regulatory Commission at the same prices,
|
10 | | terms and conditions set forth in its applicable tariff as
|
11 | | approved or allowed into effect by that Commission. The
|
12 | | Commission shall otherwise have the authority pursuant to |
13 | | Article IX to review,
approve, and modify the prices, terms |
14 | | and conditions of those
components of delivery services not |
15 | | subject to the
jurisdiction of the Federal Energy Regulatory |
16 | | Commission,
including the authority to determine the extent to |
17 | | which such
delivery services should be offered on an unbundled |
18 | | basis. In making any such
determination the Commission shall |
19 | | consider, at a minimum, the effect of
additional unbundling on |
20 | | (i) the objective of just and reasonable rates, (ii)
electric |
21 | | utility employees, and (iii) the development of competitive |
22 | | markets
for electric energy services in Illinois.
|
23 | | (b) The Commission shall enter an order approving, or
|
24 | | approving as modified, the delivery services tariff no later
|
25 | | than 30 days prior to the date on which the electric utility
|
26 | | must commence offering such services. The Commission may
|
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1 | | subsequently modify such tariff pursuant to this Act.
|
2 | | (c) The electric utility's
tariffs shall define the |
3 | | classes of its customers for purposes
of delivery services |
4 | | charges. Delivery services shall be priced and made
available |
5 | | to all retail customers electing delivery services in each |
6 | | such class
on a nondiscriminatory basis regardless of whether |
7 | | the retail customer chooses
the electric utility, an affiliate |
8 | | of the electric utility, or another entity
as its supplier of |
9 | | electric power and energy. Charges for delivery services
shall |
10 | | be cost based,
and shall allow the electric utility to recover |
11 | | the costs of
providing delivery services through its charges |
12 | | to its
delivery service customers that use the facilities and
|
13 | | services associated with such costs.
Such costs shall include |
14 | | the
costs of owning, operating and maintaining transmission |
15 | | and
distribution facilities. The Commission shall also be
|
16 | | authorized to consider whether, and if so to what extent, the
|
17 | | following costs are appropriately included in the electric
|
18 | | utility's delivery services rates: (i) the costs of that
|
19 | | portion of generation facilities used for the production and
|
20 | | absorption of reactive power in order that retail customers
|
21 | | located in the electric utility's service area can receive
|
22 | | electric power and energy from suppliers other than the
|
23 | | electric utility, and (ii) the costs associated with the use
|
24 | | and redispatch of generation facilities to mitigate
|
25 | | constraints on the transmission or distribution system in
|
26 | | order that retail customers located in the electric utility's
|
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1 | | service area can receive electric power and energy from
|
2 | | suppliers other than the electric utility. Nothing in this
|
3 | | subsection shall be construed as directing the Commission to
|
4 | | allocate any of the costs described in (i) or (ii) that are
|
5 | | found to be appropriately included in the electric utility's
|
6 | | delivery services rates to any particular customer group or
|
7 | | geographic area in setting delivery services rates.
|
8 | | (d) The Commission shall establish charges, terms and
|
9 | | conditions for delivery services that are just and reasonable
|
10 | | and shall take into account customer impacts when establishing
|
11 | | such charges. In establishing charges, terms and conditions
|
12 | | for delivery services, the Commission shall take into account
|
13 | | voltage level differences. A retail customer shall have the
|
14 | | option to request to purchase electric service at any delivery
|
15 | | service voltage reasonably and technically feasible from the
|
16 | | electric facilities serving that customer's premises provided
|
17 | | that there are no significant adverse impacts upon system
|
18 | | reliability or system efficiency. A retail customer shall
also |
19 | | have the option to request to purchase electric service
at any |
20 | | point of delivery that is reasonably and technically
feasible |
21 | | provided that there are no significant adverse
impacts on |
22 | | system reliability or efficiency. Such requests
shall not be |
23 | | unreasonably denied.
|
24 | | (e) Electric utilities shall recover the costs of
|
25 | | installing, operating or maintaining facilities for the
|
26 | | particular benefit of one or more delivery services customers,
|
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1 | | including without limitation any costs incurred in complying
|
2 | | with a customer's request to be served at a different voltage
|
3 | | level, directly from the retail customer or customers for
|
4 | | whose benefit the costs were incurred, to the extent such
|
5 | | costs are not recovered through the charges referred to in
|
6 | | subsections (c) and (d) of this Section.
|
7 | | (f) An electric utility shall be entitled but not
required |
8 | | to implement transition charges in conjunction with
the |
9 | | offering of delivery services pursuant to Section 16-104.
If |
10 | | an electric utility implements transition charges, it shall |
11 | | implement such
charges for all delivery services customers and |
12 | | for all customers described in
subsection (h), but shall not |
13 | | implement transition charges for power and
energy that a |
14 | | retail customer takes from cogeneration or self-generation
|
15 | | facilities located on that retail customer's premises, if such |
16 | | facilities meet
the following criteria:
|
17 | | (i) the cogeneration or self-generation facilities |
18 | | serve a single retail
customer and are located on that |
19 | | retail customer's premises (for purposes of
this |
20 | | subparagraph and subparagraph (ii), an industrial or |
21 | | manufacturing retail
customer and a third party contractor |
22 | | that is served by such industrial or
manufacturing |
23 | | customer through such retail customer's own electrical
|
24 | | distribution facilities under the circumstances described |
25 | | in subsection (vi) of
the definition of "alternative |
26 | | retail electric supplier" set forth in Section
16-102, |
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1 | | shall be considered a single retail customer);
|
2 | | (ii) the cogeneration or self-generation facilities |
3 | | either (A) are sized
pursuant to generally accepted |
4 | | engineering standards for the retail customer's
electrical |
5 | | load at that premises (taking into account standby or |
6 | | other
reliability considerations related to that retail |
7 | | customer's operations at that
site) or (B) if the facility |
8 | | is a cogeneration facility located on the retail
|
9 | | customer's premises, the retail customer is the thermal |
10 | | host for that facility
and the facility has been designed |
11 | | to meet that retail customer's thermal
energy requirements |
12 | | resulting in electrical output beyond that retail
|
13 | | customer's electrical demand at that premises, comply with |
14 | | the operating and
efficiency standards applicable to |
15 | | "qualifying facilities" specified in title
18 Code of |
16 | | Federal Regulations Section 292.205 as in effect on the |
17 | | effective
date of this amendatory Act of 1999;
|
18 | | (iii) the retail customer on whose premises the |
19 | | facilities are located
either has an exclusive right to |
20 | | receive, and corresponding obligation to pay
for, all of |
21 | | the electrical capacity of the facility, or in the case of |
22 | | a
cogeneration facility that has been designed to meet the |
23 | | retail customer's
thermal energy requirements at that |
24 | | premises, an identified amount of the
electrical capacity |
25 | | of the facility, over a minimum 5-year period; and
|
26 | | (iv) if the cogeneration facility is sized for the
|
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1 | | retail customer's thermal load at that premises but |
2 | | exceeds the electrical
load, any sales of excess power or |
3 | | energy are made only at wholesale, are
subject to the |
4 | | jurisdiction of the Federal Energy Regulatory Commission, |
5 | | and
are not for the purpose of circumventing the |
6 | | provisions of this subsection (f).
|
7 | | If a generation facility located at a retail customer's |
8 | | premises does not meet
the above criteria, an electric utility |
9 | | implementing
transition charges shall implement a transition |
10 | | charge until December 31, 2006
for any power and energy taken |
11 | | by such retail customer from such facility as if
such power and |
12 | | energy had been delivered by the electric utility. Provided,
|
13 | | however, that an industrial retail customer that is taking |
14 | | power from a
generation facility that does not meet the above |
15 | | criteria but that is located
on such customer's premises will |
16 | | not be subject to a transition charge for the
power and energy |
17 | | taken by such retail customer from such generation facility if
|
18 | | the facility does not serve any other retail customer and |
19 | | either was installed
on behalf of the customer and for its own |
20 | | use prior to January 1, 1997, or is
both predominantly fueled |
21 | | by byproducts of such customer's manufacturing
process at such |
22 | | premises and sells or offers an average of 300 megawatts or
|
23 | | more of electricity produced from such generation facility |
24 | | into the wholesale
market.
Such charges
shall be calculated as |
25 | | provided in Section
16-102, and shall be collected
on each |
26 | | kilowatt-hour delivered under a
delivery services tariff to a |
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1 | | retail customer from the date
the customer first takes |
2 | | delivery services until December 31,
2006 except as provided |
3 | | in subsection (h) of this Section.
Provided, however, that an |
4 | | electric utility, other than an electric utility
providing |
5 | | service to at least 1,000,000 customers in this State on |
6 | | January 1,
1999,
shall be entitled to petition for
entry of an |
7 | | order by the Commission authorizing the electric utility to
|
8 | | implement transition charges for an additional period ending |
9 | | no later than
December 31, 2008. The electric utility shall |
10 | | file its petition with
supporting evidence no earlier than 16 |
11 | | months, and no later than 12 months,
prior to December 31, |
12 | | 2006. The Commission shall hold a hearing on the
electric |
13 | | utility's petition and shall enter its order no later than 8 |
14 | | months
after the petition is filed. The Commission shall |
15 | | determine whether and to
what extent the electric utility |
16 | | shall be authorized to implement transition
charges for an |
17 | | additional period. The Commission may authorize the electric
|
18 | | utility to implement transition charges for some or all of the |
19 | | additional
period, and shall determine the mitigation factors |
20 | | to be used in implementing
such transition charges; provided, |
21 | | that the Commission shall not authorize
mitigation factors |
22 | | less than 110% of those in effect during the 12 months ended
|
23 | | December 31, 2006. In making its determination, the Commission |
24 | | shall consider
the following factors: the necessity to |
25 | | implement transition charges for an
additional period in order |
26 | | to maintain the financial integrity of the electric
utility; |
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1 | | the prudence of the electric utility's actions in reducing its |
2 | | costs
since the effective date of this amendatory Act of 1997; |
3 | | the ability of the
electric utility to provide safe, adequate |
4 | | and reliable service to retail
customers in its service area; |
5 | | and the impact on competition of allowing the
electric utility |
6 | | to implement transition charges for the additional period.
|
7 | | (g) The electric utility shall file tariffs that
establish |
8 | | the transition charges to be paid by each class of
customers to |
9 | | the electric utility in conjunction with the
provision of |
10 | | delivery services. The electric utility's tariffs
shall define |
11 | | the classes of its customers for purposes of
calculating |
12 | | transition charges. The electric utility's tariffs
shall |
13 | | provide for the calculation of transition charges on a
|
14 | | customer-specific basis for any retail customer whose average
|
15 | | monthly maximum electrical demand on the electric utility's
|
16 | | system during the 6 months with the customer's highest monthly
|
17 | | maximum electrical demands equals or exceeds 3.0 megawatts for
|
18 | | electric utilities having more than 1,000,000 customers, and
|
19 | | for other electric utilities for any customer that has an
|
20 | | average monthly maximum electrical demand on the electric
|
21 | | utility's system of one megawatt or more, and (A) for which
|
22 | | there exists data on the customer's usage during the 3 years
|
23 | | preceding the date that the customer became eligible to take
|
24 | | delivery services, or (B) for which there does not exist data
|
25 | | on the customer's usage during the 3 years preceding the date
|
26 | | that the customer became eligible to take delivery services,
|
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1 | | if in the electric utility's reasonable judgment there exists
|
2 | | comparable usage information or a sufficient basis to develop
|
3 | | such information, and further provided that the electric
|
4 | | utility can require customers for which an individual
|
5 | | calculation is made to sign contracts that set forth the
|
6 | | transition charges to be paid by the customer to the electric
|
7 | | utility pursuant to the tariff.
|
8 | | (h) An electric utility shall also be entitled to file
|
9 | | tariffs that allow it to collect transition charges from
|
10 | | retail customers in the electric utility's service area that
|
11 | | do not take delivery services but that take electric power or
|
12 | | energy from an alternative retail electric supplier or from an
|
13 | | electric utility other than the electric utility in whose
|
14 | | service area the customer is located. Such charges shall be
|
15 | | calculated, in accordance with the definition of transition
|
16 | | charges in Section 16-102, for the period of time that the
|
17 | | customer would be obligated to pay transition charges if it
|
18 | | were taking delivery services, except that no deduction for
|
19 | | delivery services revenues shall be made in such calculation,
|
20 | | and usage data from the customer's class shall be used where
|
21 | | historical usage data is not available for the individual
|
22 | | customer. The customer shall be obligated to pay such charges
|
23 | | on a lump sum basis on or before the date on which the
customer |
24 | | commences to take service from the alternative retail
electric |
25 | | supplier or other electric utility, provided, that
the |
26 | | electric utility in whose service area the customer is
located |
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1 | | shall offer the customer the option of signing a
contract |
2 | | pursuant to which the customer pays such charges
ratably over |
3 | | the period in which the charges would otherwise
have applied.
|
4 | | (i) An electric utility shall be entitled to add to the
|
5 | | bills of delivery services customers charges pursuant to
|
6 | | Sections 9-221, 9-222 (except as provided in Section 9-222.1), |
7 | | and Section
16-114 of this Act, Section 5-5 of the Electricity |
8 | | Infrastructure Maintenance
Fee Law, Section 6-5 of the |
9 | | Renewable Energy, Energy Efficiency, and Coal
Resources |
10 | | Development Law of 1997, and Section 13 of the Energy |
11 | | Assistance Act.
|
12 | | (i-5) An electric utility required to impose the Coal to |
13 | | Solar and Energy Storage Initiative Charge provided for in |
14 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency |
15 | | Act shall add such charge to the bills of its delivery services |
16 | | customers pursuant to the terms of a tariff conforming to the |
17 | | requirements of subsection (c-5) of Section 1-75 of the |
18 | | Illinois Power Agency Act and this subsection (i-5) and filed |
19 | | with and approved by the Commission. The electric utility |
20 | | shall file its proposed tariff with the Commission on or |
21 | | before July 1, 2022 to be effective, after review and approval |
22 | | or modification by the Commission, beginning January 1, 2023. |
23 | | On or before December 1, 2022, the Commission shall review the |
24 | | electric utility's proposed tariff, including by conducting a |
25 | | docketed proceeding if deemed necessary by the Commission, and |
26 | | shall approve the proposed tariff or direct the electric |
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1 | | utility to make modifications the Commission finds necessary |
2 | | for the tariff to conform to the requirements of subsection |
3 | | (c-5) of Section 1-75 of the Illinois Power Agency Act and this |
4 | | subsection (i-5). The electric utility's tariff shall provide |
5 | | for imposition of the Coal to Solar and Energy Storage |
6 | | Initiative Charge on a per-kilowatthour basis to all |
7 | | kilowatthours delivered by the electric utility to its |
8 | | delivery services customers. The tariff shall provide for the |
9 | | calculation of the Coal to Solar and Energy Storage Initiative |
10 | | Charge to be in effect for the year beginning January 1, 2023 |
11 | | and each year beginning January 1 thereafter, sufficient to |
12 | | collect the electric utility's estimated payment obligations |
13 | | for the delivery year beginning the following June 1 under |
14 | | contracts for purchase of renewable energy credits entered |
15 | | into pursuant to subsection (c-5) of Section 1-75 of the |
16 | | Illinois Power Agency Act and the obligations of the |
17 | | Department of Commerce and Economic Opportunity, or any |
18 | | successor department or agency, which for purposes of this |
19 | | subsection (i-5) shall be referred to as the Department, to |
20 | | make grant payments during such delivery year from the Coal to |
21 | | Solar and Energy Storage Initiative Fund pursuant to grant |
22 | | contracts entered into pursuant to subsection (c-5) of Section |
23 | | 1-75 of the Illinois Power Agency Act, and using the electric |
24 | | utility's kilowatthour deliveries to its delivery services |
25 | | customers during the delivery year ended May 31 of the |
26 | | preceding calendar year. On or before November 1 of each year |
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1 | | beginning November 1, 2022, the Department shall notify the |
2 | | electric utilities of the amount of the Department's estimated |
3 | | obligations for grant payments during the delivery year |
4 | | beginning the following June 1 pursuant to grant contracts |
5 | | entered into pursuant to subsection (c-5) of Section 1-75 of |
6 | | the Illinois Power Agency Act; and each electric utility shall |
7 | | incorporate in the calculation of its Coal to Solar and Energy |
8 | | Storage Initiative Charge the fractional portion of the |
9 | | Department's estimated obligations equal to the electric |
10 | | utility's kilowatthour deliveries to its delivery services |
11 | | customers in the delivery year ended the preceding May 31 |
12 | | divided by the aggregate deliveries of both electric utilities |
13 | | to delivery services customers in such delivery year. The |
14 | | electric utility shall remit on a monthly basis to the State |
15 | | Treasurer, for deposit in the Coal to Solar and Energy Storage |
16 | | Initiative Fund provided for in subsection (c-5) of Section |
17 | | 1-75 of the Illinois Power Agency Act, the electric utility's |
18 | | collections of the Coal to Solar and Energy Storage Initiative |
19 | | Charge estimated to be needed by the Department for grant |
20 | | payments pursuant to grant contracts entered into pursuant to |
21 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency |
22 | | Act. The initial charge under the electric utility's tariff |
23 | | shall be effective for kilowatthours delivered beginning |
24 | | January 1, 2023, and thereafter shall be revised to be |
25 | | effective January 1, 2024 and each January 1 thereafter, based |
26 | | on the payment obligations for the delivery year beginning the |
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1 | | following June 1. The tariff shall provide for the electric |
2 | | utility to make an annual filing with the Commission on or |
3 | | before November 15 of each year, beginning in 2023, setting |
4 | | forth the Coal to Solar and Energy Storage Initiative Charge |
5 | | to be in effect for the year beginning the following January 1. |
6 | | The electric utility's tariff shall also provide that the |
7 | | electric utility shall make a filing with the Commission on or |
8 | | before August 1 of each year beginning in 2024 setting forth a |
9 | | reconciliation, for the delivery year ended the preceding May |
10 | | 31, of the electric utility's collections of the Coal to Solar |
11 | | and Energy Storage Initiative Charge against actual payments |
12 | | for renewable energy credits pursuant to contracts entered |
13 | | into, and the actual grant payments by the Department pursuant |
14 | | to grant contracts entered into, pursuant to subsection (c-5) |
15 | | of Section 1-75 of the Illinois Power Agency Act. The tariff |
16 | | shall provide that any excess or shortfall of collections to |
17 | | payments shall be deducted from or added to, on a |
18 | | per-kilowatthour basis, the Coal to Solar and Energy Storage |
19 | | Initiative Charge, over the 6-month period beginning October 1 |
20 | | of that calendar year. |
21 | | (j) If a retail customer that obtains electric power and
|
22 | | energy from cogeneration or self-generation facilities
|
23 | | installed for its own use on or before January 1, 1997,
|
24 | | subsequently takes service from an alternative retail electric
|
25 | | supplier or an electric utility other than the electric
|
26 | | utility in whose service area the customer is located for any
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1 | | portion of the customer's electric power and energy
|
2 | | requirements formerly obtained from those facilities |
3 | | (including that amount
purchased from the utility in lieu of |
4 | | such generation and not as standby power
purchases, under a |
5 | | cogeneration displacement tariff in effect as of the
effective |
6 | | date of this amendatory Act of 1997), the
transition charges |
7 | | otherwise applicable pursuant to subsections (f), (g), or
(h) |
8 | | of this Section shall not be applicable
in any year to that |
9 | | portion of the customer's electric power
and energy |
10 | | requirements formerly obtained from those
facilities, |
11 | | provided, that for purposes of this subsection
(j), such |
12 | | portion shall not exceed the average number of
kilowatt-hours |
13 | | per year obtained from the cogeneration or
self-generation |
14 | | facilities during the 3 years prior to the
date on which the |
15 | | customer became eligible for delivery
services, except as |
16 | | provided in subsection (f) of Section
16-110.
|
17 | | (k) The electric utility shall be entitled to recover |
18 | | through tariffed charges all of the costs associated with the |
19 | | purchase of zero emission credits from zero emission |
20 | | facilities to meet the requirements of subsection (d-5) of |
21 | | Section 1-75 of the Illinois Power Agency Act and all of the |
22 | | costs associated with the purchase of carbon mitigation |
23 | | credits from carbon-free energy resources to meet the |
24 | | requirements of subsection (d-10) of Section 1-75 of the |
25 | | Illinois Power Agency Act . Such costs shall include the costs |
26 | | of procuring the zero emission credits and carbon mitigation |
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1 | | credits from carbon-free energy resources , as well as the |
2 | | reasonable costs that the utility incurs as part of the |
3 | | procurement processes and to implement and comply with plans |
4 | | and processes approved by the Commission under subsections |
5 | | such subsection (d-5) and (d-10) . The costs shall be allocated |
6 | | across all retail customers through a single, uniform cents |
7 | | per kilowatt-hour charge applicable to all retail customers, |
8 | | which shall appear as a separate line item on each customer's |
9 | | bill. Beginning June 1, 2017, the electric utility shall be |
10 | | entitled to recover through tariffed charges all of the costs |
11 | | associated with the purchase of renewable energy resources to |
12 | | meet the renewable energy resource standards of subsection (c) |
13 | | of Section 1-75 of the Illinois Power Agency Act, under |
14 | | procurement plans as approved in accordance with that Section |
15 | | and Section 16-111.5 of this Act. Such costs shall include the |
16 | | costs of procuring the renewable energy resources, as well as |
17 | | the reasonable costs that the utility incurs as part of the |
18 | | procurement processes and to implement and comply with plans |
19 | | and processes approved by the Commission under such Sections. |
20 | | The costs associated with the purchase of renewable energy |
21 | | resources shall be allocated across all retail customers in |
22 | | proportion to the amount of renewable energy resources the |
23 | | utility procures for such customers through a single, uniform |
24 | | cents per kilowatt-hour charge applicable to such retail |
25 | | customers, which shall appear as a separate line item on each |
26 | | such customer's bill. The credits, costs, and penalties |
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1 | | associated with the self-direct renewable portfolio standard |
2 | | compliance program described in subparagraph (R) of paragraph |
3 | | (1) of subsection (c) of Section 1-75 of the Illinois Power |
4 | | Agency Act shall be allocated to approved eligible self-direct |
5 | | customers by the utility in a cents per kilowatt-hour credit, |
6 | | cost, or penalty, which shall appear as a separate line item on |
7 | | each such customer's bill. |
8 | | Notwithstanding whether the Commission has approved the |
9 | | initial long-term renewable resources procurement plan as of |
10 | | June 1, 2017, an electric utility shall place new tariffed |
11 | | charges into effect beginning with the June 2017 monthly |
12 | | billing period, to the extent practicable, to begin recovering |
13 | | the costs of procuring renewable energy resources, as those |
14 | | charges are calculated under the limitations described in |
15 | | subparagraph (E) of paragraph (1) of subsection (c) of Section |
16 | | 1-75 of the Illinois Power Agency Act. Notwithstanding the |
17 | | date on which the utility places such new tariffed charges |
18 | | into effect, the utility shall be permitted to collect the |
19 | | charges under such tariff as if the tariff had been in effect |
20 | | beginning with the first day of the June 2017 monthly billing |
21 | | period. For the delivery years commencing June 1, 2017, June |
22 | | 1, 2018, and June 1, 2019, and each delivery year thereafter, |
23 | | the electric utility shall deposit into a separate interest |
24 | | bearing account of a financial institution the monies |
25 | | collected under the tariffed charges. Money collected from |
26 | | customers for the procurement of renewable energy resources in |
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1 | | a given delivery year may be spent by the utility for the |
2 | | procurement of renewable resources over any of the following 5 |
3 | | delivery years, after which unspent money shall be credited |
4 | | back to retail customers. The electric utility shall spend all |
5 | | money collected in earlier delivery years that has not yet |
6 | | been returned to customers, first, before spending money |
7 | | collected in later delivery years. Any interest earned shall |
8 | | be credited back to retail customers under the reconciliation |
9 | | proceeding provided for in this subsection (k), provided that |
10 | | the electric utility shall first be reimbursed from the |
11 | | interest for the administrative costs that it incurs to |
12 | | administer and manage the account. Any taxes due on the funds |
13 | | in the account, or interest earned on it, will be paid from the |
14 | | account or, if insufficient monies are available in the |
15 | | account, from the monies collected under the tariffed charges |
16 | | to recover the costs of procuring renewable energy resources. |
17 | | Monies deposited in the account shall be subject to the |
18 | | review, reconciliation, and true-up process described in this |
19 | | subsection (k) that is applicable to the funds collected and |
20 | | costs incurred for the procurement of renewable energy |
21 | | resources. |
22 | | The electric utility shall be entitled to recover all of |
23 | | the costs identified in this subsection (k) through automatic |
24 | | adjustment clause tariffs applicable to all of the utility's |
25 | | retail customers that allow the electric utility to adjust its |
26 | | tariffed charges consistent with this subsection (k). The |
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1 | | determination as to whether any excess funds were collected |
2 | | during a given delivery year for the purchase of renewable |
3 | | energy resources, and the crediting of any excess funds back |
4 | | to retail customers, shall not be made until after the close of |
5 | | the delivery year, which will ensure that the maximum amount |
6 | | of funds is available to implement the approved long-term |
7 | | renewable resources procurement plan during a given delivery |
8 | | year. The amount of excess funds eligible to be credited back |
9 | | to retail customers shall be reduced by an amount equal to the |
10 | | payment obligations required by any contracts entered into by |
11 | | an electric utility under contracts described in subsection |
12 | | (b) of Section 1-56 and subsection (c) of Section 1-75 of the |
13 | | Illinois Power Agency Act, even if such payments have not yet |
14 | | been made and regardless of the delivery year in which those |
15 | | payment obligations were incurred. Notwithstanding anything to |
16 | | the contrary, including in tariffs authorized by this |
17 | | subsection (k) in effect before the effective date of this |
18 | | amendatory Act of the 102nd General Assembly, all unspent |
19 | | funds as of May 31, 2021, excluding any funds credited to |
20 | | customers during any utility billing cycle that commences |
21 | | prior to the effective date of this amendatory Act of the 102nd |
22 | | General Assembly, shall remain in the utility account and |
23 | | shall on a first in, first out basis be used toward utility |
24 | | payment obligations under contracts described in subsection |
25 | | (b) of Section 1-56 and subsection (c) of Section 1-75 of the |
26 | | Illinois Power Agency Act. The electric utility's collections |
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1 | | under such automatic adjustment clause tariffs to recover the |
2 | | costs of renewable energy resources , and zero emission credits |
3 | | from zero emission facilities , and carbon mitigation credits |
4 | | from carbon-free energy resources shall be subject to separate |
5 | | annual review, reconciliation, and true-up against actual |
6 | | costs by the Commission under a procedure that shall be |
7 | | specified in the electric utility's automatic adjustment |
8 | | clause tariffs and that shall be approved by the Commission in |
9 | | connection with its approval of such tariffs. The procedure |
10 | | shall provide that any difference between the electric |
11 | | utility's collections for zero emission credits and carbon |
12 | | mitigation credits under the automatic adjustment charges for |
13 | | an annual period and the electric utility's actual costs of |
14 | | renewable energy resources and zero emission credits from zero |
15 | | emission facilities and carbon mitigation credits from |
16 | | carbon-free energy resources for that same annual period shall |
17 | | be refunded to or collected from, as applicable, the electric |
18 | | utility's retail customers in subsequent periods. |
19 | | Nothing in this subsection (k) is intended to affect, |
20 | | limit, or change the right of the electric utility to recover |
21 | | the costs associated with the procurement of renewable energy |
22 | | resources for periods commencing before, on, or after June 1, |
23 | | 2017, as otherwise provided in the Illinois Power Agency Act. |
24 | | Notwithstanding anything to the contrary, the Commission |
25 | | shall not conduct an annual review, reconciliation, and |
26 | | true-up associated with renewable energy resources' |
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1 | | collections and costs for the delivery years commencing June |
2 | | 1, 2017, June 1, 2018, June 1, 2019, and June 1, 2020, and |
3 | | shall instead conduct a single review, reconciliation, and |
4 | | true-up associated with renewable energy resources' |
5 | | collections and costs for the 4-year period beginning June 1, |
6 | | 2017 and ending May 31, 2021, provided that the review, |
7 | | reconciliation, and true-up shall not be initiated until after |
8 | | August 31, 2021. During the 4-year period, the utility shall |
9 | | be permitted to collect and retain funds under this subsection |
10 | | (k) and to purchase renewable energy resources under an |
11 | | approved long-term renewable resources procurement plan using |
12 | | those funds regardless of the delivery year in which the funds |
13 | | were collected during the 4-year period. |
14 | | If the amount of funds collected during the delivery year |
15 | | commencing June 1, 2017, exceeds the costs incurred during |
16 | | that delivery year, then up to half of this excess amount, as |
17 | | calculated on June 1, 2018, may be used to fund the programs |
18 | | under subsection (b) of Section 1-56 of the Illinois Power |
19 | | Agency Act in the same proportion the programs are funded |
20 | | under that subsection (b). However, any amount identified |
21 | | under this subsection (k) to fund programs under subsection |
22 | | (b) of Section 1-56 of the Illinois Power Agency Act shall be |
23 | | reduced if it exceeds the funding shortfall. For purposes of |
24 | | this Section, "funding shortfall" means the difference between |
25 | | $200,000,000 and the amount appropriated by the General |
26 | | Assembly to the Illinois Power Agency Renewable Energy |
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1 | | Resources Fund during the period that commences on the |
2 | | effective date of this amendatory act of the 99th General |
3 | | Assembly and ends on August 1, 2018. |
4 | | If the amount of funds collected during the delivery year |
5 | | commencing June 1, 2018, exceeds the costs incurred during |
6 | | that delivery year, then up to half of this excess amount, as |
7 | | calculated on June 1, 2019, may be used to fund the programs |
8 | | under subsection (b) of Section 1-56 of the Illinois Power |
9 | | Agency Act in the same proportion the programs are funded |
10 | | under that subsection (b). However, any amount identified |
11 | | under this subsection (k) to fund programs under subsection |
12 | | (b) of Section 1-56 of the Illinois Power Agency Act shall be |
13 | | reduced if it exceeds the funding shortfall. |
14 | | If the amount of funds collected during the delivery year |
15 | | commencing June 1, 2019, exceeds the costs incurred during |
16 | | that delivery year, then up to half of this excess amount, as |
17 | | calculated on June 1, 2020, may be used to fund the programs |
18 | | under subsection (b) of Section 1-56 of the Illinois Power |
19 | | Agency Act in the same proportion the programs are funded |
20 | | under that subsection (b). However, any amount identified |
21 | | under this subsection (k) to fund programs under subsection |
22 | | (b) of Section 1-56 of the Illinois Power Agency Act shall be |
23 | | reduced if it exceeds the funding shortfall. |
24 | | The funding available under this subsection (k), if any, |
25 | | for the programs described under subsection (b) of Section |
26 | | 1-56 of the Illinois Power Agency Act shall not reduce the |
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1 | | amount of funding for the programs described in subparagraph |
2 | | (O) of paragraph (1) of subsection (c) of Section 1-75 of the |
3 | | Illinois Power Agency Act. If funding is available under this |
4 | | subsection (k) for programs described under subsection (b) of |
5 | | Section 1-56 of the Illinois Power Agency Act, then the |
6 | | long-term renewable resources plan shall provide for the |
7 | | Agency to procure contracts in an amount that does not exceed |
8 | | the funding, and the contracts approved by the Commission |
9 | | shall be executed by the applicable utility or utilities. |
10 | | (l) A utility that has terminated any contract executed |
11 | | under subsection (d-5) or (d-10) of Section 1-75 of the |
12 | | Illinois Power Agency Act shall be entitled to recover any |
13 | | remaining balance associated with the purchase of zero |
14 | | emission credits prior to such termination, and such utility |
15 | | shall also apply a credit to its retail customer bills in the |
16 | | event of any over-collection. |
17 | | (m)(1) An electric utility that recovers its costs of |
18 | | procuring zero emission credits from zero emission facilities |
19 | | through a cents-per-kilowatthour charge under to subsection |
20 | | (k) of this Section shall be subject to the requirements of |
21 | | this subsection (m). Notwithstanding anything to the contrary, |
22 | | such electric utility shall, beginning on April 30, 2018, and |
23 | | each April 30 thereafter until April 30, 2026, calculate |
24 | | whether any reduction must be applied to such |
25 | | cents-per-kilowatthour charge that is paid by retail customers |
26 | | of the electric utility that have opted out of are exempt from |
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1 | | subsections (a) through (j) of Section 8-103B of this Act |
2 | | under subsection (l) of Section 8-103B. Such charge shall be |
3 | | reduced for such customers for the next delivery year |
4 | | commencing on June 1 based on the amount necessary, if any, to |
5 | | limit the annual estimated average net increase for the prior |
6 | | calendar year due to the future energy investment costs to no |
7 | | more than 1.3% of 5.98 cents per kilowatt-hour, which is the |
8 | | average amount paid per kilowatthour for electric service |
9 | | during the year ending December 31, 2015 by Illinois |
10 | | industrial retail customers, as reported to the Edison |
11 | | Electric Institute. |
12 | | The calculations required by this subsection (m) shall be |
13 | | made only once for each year, and no subsequent rate impact |
14 | | determinations shall be made. |
15 | | (2) For purposes of this Section, "future energy |
16 | | investment costs" shall be calculated by subtracting the |
17 | | cents-per-kilowatthour charge identified in subparagraph (A) |
18 | | of this paragraph (2) from the sum of the |
19 | | cents-per-kilowatthour charges identified in subparagraph (B) |
20 | | of this paragraph (2): |
21 | | (A) The cents-per-kilowatthour charge identified in |
22 | | the electric utility's tariff placed into effect under |
23 | | Section 8-103 of the Public Utilities Act that, on |
24 | | December 1, 2016, was applicable to those retail customers |
25 | | that have opted out of are exempt from subsections (a) |
26 | | through (j) of Section 8-103B of this Act under subsection |
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1 | | (l) of Section 8-103B. |
2 | | (B) The sum of the following cents-per-kilowatthour |
3 | | charges applicable to those retail customers that have |
4 | | opted out of are exempt from subsections (a) through (j) |
5 | | of Section 8-103B of this Act under subsection (l) of |
6 | | Section 8-103B, provided that if one or more of the |
7 | | following charges has been in effect and applied to such |
8 | | customers for more than one calendar year, then each |
9 | | charge shall be equal to the average of the charges |
10 | | applied over a period that commences with the calendar |
11 | | year ending December 31, 2017 and ends with the most |
12 | | recently completed calendar year prior to the calculation |
13 | | required by this subsection (m): |
14 | | (i) the cents-per-kilowatthour charge to recover |
15 | | the costs incurred by the utility under subsection |
16 | | (d-5) of Section 1-75 of the Illinois Power Agency |
17 | | Act, adjusted for any reductions required under this |
18 | | subsection (m); and |
19 | | (ii) the cents-per-kilowatthour charge to recover |
20 | | the costs incurred by the utility under Section |
21 | | 16-107.6 of the Public Utilities Act. |
22 | | If no charge was applied for a given calendar year |
23 | | under item (i) or (ii) of this subparagraph (B), then the |
24 | | value of the charge for that year shall be zero. |
25 | | (3) If a reduction is required by the calculation |
26 | | performed under this subsection (m), then the amount of the |
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1 | | reduction shall be multiplied by the number of years reflected |
2 | | in the averages calculated under subparagraph (B) of paragraph |
3 | | (2) of this subsection (m). Such reduction shall be applied to |
4 | | the cents-per-kilowatthour charge that is applicable to those |
5 | | retail customers that have opted out of are exempt from |
6 | | subsections (a) through (j) of Section 8-103B of this Act |
7 | | under subsection (l) of Section 8-103B beginning with the next |
8 | | delivery year commencing after the date of the calculation |
9 | | required by this subsection (m). |
10 | | (4) The electric utility shall file a notice with the |
11 | | Commission on May 1 of 2018 and each May 1 thereafter until May |
12 | | 1, 2026 containing the reduction, if any, which must be |
13 | | applied for the delivery year which begins in the year of the |
14 | | filing. The notice shall contain the calculations made |
15 | | pursuant to this Section. By October 1 of each year beginning |
16 | | in 2018, each electric utility shall notify the Commission if |
17 | | it appears, based on an estimate of the calculation required |
18 | | in this subsection (m), that a reduction will be required in |
19 | | the next year. |
20 | | (Source: P.A. 99-906, eff. 6-1-17 .)
|
21 | | (220 ILCS 5/16-108.18 new) |
22 | | Sec. 16-108.18. Performance-based ratemaking. |
23 | | (a) The General Assembly finds: |
24 | | (1) That improving the alignment of utility customer |
25 | | and company interests is critical to ensuring equity, |
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| | SB2408 Enrolled | - 813 - | LRB102 11366 BMS 16699 b |
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1 | | rapid growth of distributed energy resources, electric |
2 | | vehicles, and other new technologies that substantially |
3 | | change the makeup of the grid and protect Illinois |
4 | | residents and businesses from potential economic and |
5 | | environmental harm from the State's energy systems. |
6 | | (2) There is urgency around addressing increasing |
7 | | threats from climate change and assisting communities that |
8 | | have borne disproportionate impacts from climate change, |
9 | | including air pollution, greenhouse gas emissions, and |
10 | | energy burdens. Addressing this problem requires changes |
11 | | to the business model under which utilities in Illinois |
12 | | have traditionally functioned. |
13 | | (3) Providing targeted incentives to support change |
14 | | through a new performance-based structure to enhance |
15 | | ratemaking is intended to enable alignment of utility, |
16 | | customer, community, and environmental goals. |
17 | | (4) Though Illinois has taken some measures to move |
18 | | utilities to performance-based ratemaking through the |
19 | | establishment of performance incentives and a |
20 | | performance-based formula rate under the Energy |
21 | | Infrastructure Modernization Act, these measures have not |
22 | | been sufficiently transformative in urgently moving |
23 | | electric utilities toward the State's ambitious energy |
24 | | policy goals: protecting a healthy environment and |
25 | | climate, improving public health, and creating quality |
26 | | jobs and economic opportunities, including wealth |
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| | SB2408 Enrolled | - 814 - | LRB102 11366 BMS 16699 b |
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1 | | building, especially in economically disadvantaged |
2 | | communities and communities of color. |
3 | | (5) These measures were not developed through a |
4 | | process to understand first what performance measures and |
5 | | penalties would help drive the sought-after behavior by |
6 | | the utilities. |
7 | | (6) While the General Assembly has not made a finding |
8 | | that the spending related to the Energy Infrastructure and |
9 | | Modernization Act and its performance metrics was not |
10 | | reasonable, it is important to address concerns that these |
11 | | measures may have resulted in excess utility spending and |
12 | | guaranteed profits without meaningful improvements in |
13 | | customer experience, rate affordability, or equity. |
14 | | (7) Discussions of performance incentive mechanisms |
15 | | must always take into account the affordability of |
16 | | customer rates and bills for all customers, including |
17 | | low-income customers. |
18 | | (8) The General Assembly therefore directs the |
19 | | Illinois Commerce Commission to complete a transition that |
20 | | includes a comprehensive performance-based regulation |
21 | | framework for electric utilities serving more than 500,000 |
22 | | customers. The breadth of this framework should revise |
23 | | existing utility regulations to position Illinois electric |
24 | | utilities to effectively and efficiently achieve current |
25 | | and anticipated future energy needs of this State, while |
26 | | ensuring affordability for consumers. |
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| | SB2408 Enrolled | - 815 - | LRB102 11366 BMS 16699 b |
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1 | | (b) As used in this Section: |
2 | | "Commission" means the Illinois Commerce Commission. |
3 | | "Demand response" means measures that decrease peak |
4 | | electricity demand or shift demand from peak to off-peak |
5 | | periods. |
6 | | "Distributed energy resources" or "DER" means a wide range |
7 | | of technologies that are connected to the grid including those |
8 | | that are located on the customer side of the customer's |
9 | | electric meter and can provide value to the distribution |
10 | | system, including, but not limited to, distributed generation, |
11 | | energy storage, electric vehicles, and demand response |
12 | | technologies. |
13 | | "Economically disadvantaged communities" means areas of |
14 | | one or more census tracts where average household income does |
15 | | not exceed 80% of area median income. |
16 | | "Environmental justice communities" means the definition |
17 | | of that term as used and as may be updated in the long-term |
18 | | renewable resources procurement plan by the Illinois Power |
19 | | Agency and its Program Administrator in the Illinois Solar for |
20 | | All Program. |
21 | | "Equity investment eligible community" means the |
22 | | geographic areas throughout Illinois which would most benefit |
23 | | from equitable investments by the State designed to combat |
24 | | discrimination. Specifically, the equity investment eligible |
25 | | communities shall be defined as the following areas: |
26 | | (1) R3 Areas as established pursuant to Section 10-40 |
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1 | | of the Cannabis Regulation and Tax Act, where residents |
2 | | have historically been excluded from economic |
3 | | opportunities, including opportunities in the energy |
4 | | sector; and |
5 | | (2) Environmental justice communities, as defined by |
6 | | the Illinois Power Agency pursuant to the Illinois Power |
7 | | Agency Act, where residents have historically been subject |
8 | | to disproportionate burdens of pollution, including |
9 | | pollution from the energy sector. |
10 | | "Performance incentive mechanism" means an instrument by |
11 | | which utility performance is incentivized, which could include |
12 | | a monetary performance incentive. |
13 | | "Performance metric" means a manner of measurement for a |
14 | | particular utility activity. |
15 | | (c) Through coordinated, comprehensive system planning, |
16 | | ratemaking, and performance incentives, the performance-based |
17 | | ratemaking framework should be designed to accomplish the |
18 | | following objectives: |
19 | | (1) maintain and improve service reliability and |
20 | | safety, including and particularly in environmental |
21 | | justice, low-income and equity investment eligible |
22 | | communities; |
23 | | (2) decarbonize utility systems at a pace that meets |
24 | | or exceeds State climate goals, while also ensuring the |
25 | | affordability of rates for all customers, including |
26 | | low-income customers; |
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| | SB2408 Enrolled | - 817 - | LRB102 11366 BMS 16699 b |
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1 | | (3) direct electric utilities to make cost-effective |
2 | | investments that support achievement of Illinois' clean |
3 | | energy policies, including, at a minimum, investments |
4 | | designed to integrate distributed energy resources, comply |
5 | | with critical infrastructure protection standards, plans, |
6 | | and industry best practices, and support and take |
7 | | advantage of potential benefits from the electric vehicle |
8 | | charging and other electrification, while mitigating the |
9 | | impacts; |
10 | | (4) choose cost-effective assets and services, whether |
11 | | utility-supplied or through third-party contracting, |
12 | | considering both economic and environmental costs and the |
13 | | effects on utility rates, to deliver high-quality service |
14 | | to customers at least cost; |
15 | | (5) maintain the affordability of electric delivery |
16 | | services for all customers, including low-income |
17 | | customers; |
18 | | (6) maintain and grow a diverse workforce, diverse |
19 | | supplier procurement base and, for relevant programs, |
20 | | diverse approved-vendor pools, including increased |
21 | | opportunities for minority-owned, female-owned, |
22 | | veteran-owned, and disability-owned business enterprises; |
23 | | (7) improve customer service performance and |
24 | | engagement; |
25 | | (8) address the particular burdens faced by consumers |
26 | | in environmental justice and equity investment eligible |
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| | SB2408 Enrolled | - 818 - | LRB102 11366 BMS 16699 b |
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1 | | communities, including shareholder, consumer, and publicly |
2 | | funded bill payment assistance and credit and collection |
3 | | policies, and ensure equitable disconnections, late fees, |
4 | | or arrearages as a result of utility credit and collection |
5 | | practices, which may include consideration of impact by |
6 | | zip code; and |
7 | | (9) implement or otherwise enhance current supplier |
8 | | diversity programs to increase diverse contractor |
9 | | participation in professional services, subcontracting, |
10 | | and prime contracting opportunities with programs that |
11 | | address barriers to access. Supplier diversity programs |
12 | | shall address specific barriers related to RFP and |
13 | | contract access, access to capital, information technology |
14 | | and cyber security access and costs, administrative |
15 | | burdens, and quality control with specific metrics, |
16 | | outcomes, and demographic data reported. |
17 | | (d) Multi-Year Rate Plan. |
18 | | (1) If an electric utility had a performance-based |
19 | | formula rate in effect under Section 16-108.5 as of |
20 | | December 31, 2020, then the utility may file a petition |
21 | | proposing tariffs implementing a 4-year Multi-Year Rate |
22 | | Plan as provided in this Section no later than, January |
23 | | 20, 2023, for delivery service rates to be effective for |
24 | | the billing periods January 1, 2024 through December 31, |
25 | | 2027. The Commission shall issue an order approving or |
26 | | approving as modified the utility's plan no later than |
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| | SB2408 Enrolled | - 819 - | LRB102 11366 BMS 16699 b |
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1 | | December 20, 2023. The term "Multi-Year Rate Plan" refers |
2 | | to a plan establishing the base rates the utility shall |
3 | | charge for each delivery year of the 4-year period to be |
4 | | covered by the plan, which shall be subject to |
5 | | modification only as expressly allowed in this Section. |
6 | | (2) A utility proposing a Multi-Year Rate Plan shall |
7 | | provide a 4-year investment plan and a description of the |
8 | | utility's major planned investments, including, at a |
9 | | minimum, all investments of $2,000,000 or greater over the |
10 | | plan period for an electric utility that serves more than |
11 | | 3,000,000 retail customers in the State or $500,000 for an |
12 | | electric utility that serves less than 3,000,000 retail |
13 | | customers in the State but more than 500,000 retail |
14 | | customers in the State. The 4-year investment plan must be |
15 | | consistent with the Multi-Year Integrated Grid Plan |
16 | | described in Section 16-105.17 of this Act. The investment |
17 | | plan shall provide sufficiently detailed information, as |
18 | | required by the Commission, including, at a minimum, a |
19 | | description of each investment, the location of the |
20 | | investment, and an explanation of the need for and benefit |
21 | | of such an investment to the extent known. |
22 | | (3) The Multi-Year Rate Plan shall be implemented |
23 | | through a tariff filed with the Commission consistent with |
24 | | the provisions of this paragraph (3) that shall apply to |
25 | | all delivery service customers. The Commission shall |
26 | | initiate and conduct an investigation of the tariff in a |
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| | SB2408 Enrolled | - 820 - | LRB102 11366 BMS 16699 b |
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1 | | manner consistent with the provisions of this paragraph |
2 | | (3) and the provisions of Article IX of this Act, to the |
3 | | extent they do not conflict with this paragraph (3). The |
4 | | Multi-Year Rate Plan approved by the Commission shall do |
5 | | the following: |
6 | | (A) Provide for the recovery of the utility's |
7 | | forecasted rate base, based on the 4-year investment |
8 | | plan and the utility's Integrated Grid Plan. The |
9 | | forecasted rate base must include the utility's |
10 | | planned capital investments, with rates based on |
11 | | average annual plant investment, and |
12 | | investment-related costs, including income tax |
13 | | impacts, depreciation, and ratemaking adjustments and |
14 | | costs that are prudently incurred and reasonable in |
15 | | amount consistent with Commission practice and law. |
16 | | The process used to develop the forecasts must be |
17 | | iterative, rigorous, and lead to forecasts that |
18 | | reasonably represent the utility's investments during |
19 | | the forecasted period and ensure that the investments |
20 | | are projected to be used and useful during the annual |
21 | | investment period and least cost, consistent with the |
22 | | provisions of Articles VIII and IX of this Act. |
23 | | (B) The cost of equity shall be approved by the |
24 | | Commission consistent with Commission practice and |
25 | | law. |
26 | | (C) The revenue requirement shall reflect the |
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| | SB2408 Enrolled | - 821 - | LRB102 11366 BMS 16699 b |
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1 | | utility's actual capital structure for the applicable |
2 | | calendar year. A year-end capital structure that |
3 | | includes a common equity ratio of up to and including |
4 | | 50% of the total capital structure shall be deemed |
5 | | prudent and reasonable. A higher common equity ratio |
6 | | must be specifically approved by the Commission. |
7 | | (E) Provide for recovery of prudent and reasonable |
8 | | projected operating expenses, giving effect to |
9 | | ratemaking adjustments, consistent with Commission |
10 | | practice and law under Article IX of this Act. |
11 | | Operating expenses for years after the first year of |
12 | | the Multi-Year Rate Plan may be estimated by the use of |
13 | | known and measurable changes, expense reductions |
14 | | associated with planned capital investments as |
15 | | appropriate, and reasonable and appropriate |
16 | | escalators, indices, or other metrics. |
17 | | (F) Amortize the amount of unprotected |
18 | | property-related excess accumulated deferred income |
19 | | taxes in rates as of January 1, 2023 over a period |
20 | | ending December 31, 2027, unless otherwise required to |
21 | | amortize the excess deferred income tax pursuant to |
22 | | Section 16-108.21 of this Act. |
23 | | (G) Allow recovery of incentive compensation |
24 | | expense that is based on the achievement of |
25 | | operational metrics, including metrics related to |
26 | | budget controls, outage duration and frequency, |
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| | SB2408 Enrolled | - 822 - | LRB102 11366 BMS 16699 b |
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1 | | safety, customer service, efficiency and productivity, |
2 | | environmental compliance and attainment of |
3 | | affordability and environmental goals, and other goals |
4 | | and metrics approved by the Commission. Incentive |
5 | | compensation expense that is based on net income or an |
6 | | affiliate's earnings per share shall not be |
7 | | recoverable. |
8 | | (H) To the maximum extent practicable, align the |
9 | | 4-year investment plan and annual capital budgets with |
10 | | the electric utility's Multi-Year Integrated Grid |
11 | | Plan. |
12 | | (4) The Commission shall establish annual rates for |
13 | | each year of the Multi-Year Rate Plan that accurately |
14 | | reflect and are based only upon the utility's reasonable |
15 | | and prudent costs of service over the term of the plan, |
16 | | including the effect of all ratemaking adjustments |
17 | | consistent with Commission practice and law as determined |
18 | | by the Commission, provided that the costs are not being |
19 | | recovered elsewhere in rates. Tariff riders authorized by |
20 | | the Commission may continue outside of a plan authorized |
21 | | under this Section to the extent such costs are not |
22 | | recovered elsewhere in rates. For the first multi-year |
23 | | rate plan, the burden of proof shall be on the electric |
24 | | utility to establish the prudence of investments and |
25 | | expenditures and to establish that such investments |
26 | | consistent with and reasonably necessary to meet the |
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1 | | requirements of the utility's first approved Multi-Year |
2 | | Integrated Grid Plan described in Section 16-105.17 of |
3 | | this Act. For subsequent Multi-Year Rate Plans, the burden |
4 | | of proof shall be on the electric utility to establish the |
5 | | prudence of investments and expenditures and to establish |
6 | | that such investments are consistent with and reasonably |
7 | | necessary to meet the requirements of the utility's most |
8 | | recently approved Multi-Year Integrated Grid Plan |
9 | | described in Section 16-105.17 of this Act. The sole fact |
10 | | that a cost differs from that incurred in a prior period or |
11 | | that an investment is different from that described in the |
12 | | Multi-Year Integrated Grid Plan shall not imply the |
13 | | imprudence or unreasonableness of that cost or investment. |
14 | | The sole fact that an investment is the same or similar to |
15 | | that described in the Multi-Year Integrated Grid Plan |
16 | | shall not imply prudence and reasonableness of that |
17 | | investment. |
18 | | (5) To facilitate public transparency, all materials, |
19 | | data, testimony, and schedules shall be provided to the |
20 | | Commission in an editable, machine-readable electronic |
21 | | format including .doc, .docx, .xls, .xlsx, and similar |
22 | | file formats, but not including .pdf or .exif. Should |
23 | | utilities designate any materials confidential, they shall |
24 | | have an affirmative duty to explain why the particular |
25 | | information is marked confidential. In determining |
26 | | prudence and reasonableness of rates, the Commission shall |
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| | SB2408 Enrolled | - 824 - | LRB102 11366 BMS 16699 b |
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1 | | make its determination based upon the record, including |
2 | | each public comment filed or provided orally at open |
3 | | meetings consistent with the Commission's rules and |
4 | | practices. |
5 | | (6) The Commission may, by order, establish terms, |
6 | | conditions, and procedures for submitting and approving a |
7 | | Multi-Year Rate Plan necessary to implement this Section |
8 | | and ensure that rates remain just and reasonable during |
9 | | the course of the plan, including terms and procedures for |
10 | | rate adjustment. |
11 | | (7) An electric utility that files a tariff pursuant |
12 | | to paragraph (3) of this subsection (e) must submit a |
13 | | one-time $300,000 filing fee at the time the Chief Clerk |
14 | | of the Commission accepts the filing, which shall be a |
15 | | recoverable expense. |
16 | | (8) An electric utility operating under a Multi-Year |
17 | | Rate Plan shall file a new Multi-Year Rate Plan at least |
18 | | 300 days prior to the end of the initial Multi-Year Rate |
19 | | Plan unless it elects to file a general rate case pursuant |
20 | | to paragraph (9), and every 4 years thereafter, with a |
21 | | rate-effective date of the proposed tariffs such that, |
22 | | after the Commission suspension period, the rates would |
23 | | take effect immediately at the close of the final year of |
24 | | the initial Multi-Year Rate Plan. In subsequent Multi-Year |
25 | | Rate Plans, as in the initial plans, utilities and |
26 | | stakeholders may propose additional metrics that achieve |
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| | SB2408 Enrolled | - 825 - | LRB102 11366 BMS 16699 b |
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1 | | the outcomes described in paragraph (2) of subsection (f) |
2 | | of this Section. |
3 | | (9) Election of Rate Case. |
4 | | (A) On or before the date prescribed by |
5 | | subparagraph (B) of paragraph (9) of this Section, |
6 | | electric utilities that serve more than 500,000 retail |
7 | | customers in the State shall file either a general |
8 | | rate case under Section 9-201 of this Act, or a |
9 | | Multi-Year Rate Plan, as set forth in paragraph (1) of |
10 | | this subsection (d). |
11 | | (B) Electric utilities described in subparagraph |
12 | | (A) of paragraph (9) of this Section shall file their |
13 | | initial general rate case or Multi-Year Rate Plan, as |
14 | | applicable, with the Commission no later than January |
15 | | 20, 2023. |
16 | | (C) Notwithstanding which rate filing option an |
17 | | electric utility elects to file on the date prescribed |
18 | | by subparagraph (B) of paragraph (9) of this Section, |
19 | | the electric utility shall be subject to the |
20 | | Multi-year Integrated Plan filing requirements. |
21 | | (D) Following its initial rate filing pursuant to |
22 | | paragraph (2), an electric utility subject to the |
23 | | requirements of this Section shall thereafter be |
24 | | permitted to elect a different rate filing option |
25 | | consistent with any filing intervals established for a |
26 | | general rate case or Multi-Year Rate Plan, as follows: |
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| | SB2408 Enrolled | - 826 - | LRB102 11366 BMS 16699 b |
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1 | | (i) An electric utility that initially elected |
2 | | to file a Multi-Year Rate Plan and thereafter |
3 | | elects to transition to a general rate case may do |
4 | | so upon completion of the 4-year Multi-Year Rate |
5 | | Plan by filing a general rate case at the same time |
6 | | that the utility would have filed its subsequent |
7 | | Multi-Year Rate Plan, as specified in paragraph |
8 | | (8) of this subsection (d). Notwithstanding this |
9 | | election, the annual adjustment of the final year |
10 | | of the Multi-Year Rate Plan shall proceed as |
11 | | specified in paragraph (6) of subsection (f). |
12 | | (ii) An electric utility that initially |
13 | | elected to a file general rate case and thereafter |
14 | | elects to transition to a Multi-Year Rate Plan may |
15 | | do so only at the 4-year filing intervals |
16 | | identified by paragraph (8) of this subsection |
17 | | (d). |
18 | | (10) The Commission shall approve tariffs establishing |
19 | | rate design for all delivery service customers unless the |
20 | | electric utility makes the election specified in Section |
21 | | 16-105.5, in which case the rate design shall be subject |
22 | | to the provisions of that Section. |
23 | | (11) The Commission shall establish requirements for |
24 | | annual performance evaluation reports to be submitted |
25 | | annually for performance metrics. Such reports shall |
26 | | include, but not be limited to, a description of the |
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| | SB2408 Enrolled | - 827 - | LRB102 11366 BMS 16699 b |
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1 | | utility's performance under each metric and an |
2 | | identification of any extraordinary events that adversely |
3 | | affected the utility's performance. |
4 | | (12) For the first Multi-Year Rate Plan, the |
5 | | Commission shall consolidate its investigation with the |
6 | | proceeding under Section 16-105.17 to establish the |
7 | | Multi-Year Integrated Grid Plan no later than 45 days |
8 | | after plan filing. |
9 | | (13) Where a rate change under a Multi-Year Rate Plan |
10 | | will result in a rate increase, an electric utility may |
11 | | propose a rate phase-in plan that the Commission shall |
12 | | approve with or without modification or deny in its final |
13 | | order approving the new delivery services rates. A |
14 | | proposed rate phase-in plan under this paragraph (13) must |
15 | | allow the new delivery services rates to be implemented in |
16 | | no more than 2 steps, as follows: in the first step, at |
17 | | least 50% of the approved rate increase must be reflected |
18 | | in rates, and, in the second step, 100% of the rate |
19 | | increase must be reflected in rates. The second step's |
20 | | rates must take effect no later than 12 months after the |
21 | | first step's rates were placed into effect. The portion of |
22 | | the approved rate increase not implemented in the first |
23 | | step shall be recorded on the electric utility's books as |
24 | | a regulatory asset, and shall accrue carrying costs to |
25 | | ensure that the utility does not recover more or less than |
26 | | it otherwise would because of the deferral. This portion |
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| | SB2408 Enrolled | - 828 - | LRB102 11366 BMS 16699 b |
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1 | | shall be recovered, with such carrying costs at the |
2 | | weighted average cost of capital, through a surcharge |
3 | | applied to retail customer bills that (i) begins no later |
4 | | than 12 months after the date on which the second step's |
5 | | rates went into effect and (ii) is applied over a period |
6 | | not to exceed 24 months. Nothing in this paragraph is |
7 | | intended to limit the Commission's authority to mitigate |
8 | | the impact of rates caused by rate plans, or any other |
9 | | instance on a revenue-neutral basis; nor shall it mitigate |
10 | | a utility's ability to make proposals to mitigate the |
11 | | impact of rates. When a deferral, or similar method, is |
12 | | used to mitigate the impact of rates, the utility should |
13 | | be allowed to recover carrying costs. |
14 | | (14) Notwithstanding the provisions of Section (13), |
15 | | the Commission may, on its own initiative, take |
16 | | revenue-neutral measures to relieve the impact of rate |
17 | | increases on customers. Such initiatives may be taken by |
18 | | the Commission in the first Multi-Year Rate Plan, |
19 | | subsequent multi-year plans, or in other instances |
20 | | described in this Act. |
21 | | (15) Whenever during the pendency of a Multi-year Rate |
22 | | Plan, an electric utility subject to this Section becomes |
23 | | aware that, due to circumstances beyond its control, |
24 | | prudent operating practices will require the utility to |
25 | | make adjustments to the Multi-Year Rate Plan, the electric |
26 | | utility may file a petition with the Commission requesting |
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| | SB2408 Enrolled | - 829 - | LRB102 11366 BMS 16699 b |
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1 | | modification of the approved annual revenue requirements |
2 | | included in the Multi-Year Rate Plan. The electric utility |
3 | | must support its request with evidence demonstrating why a |
4 | | modification is necessary, due to circumstances beyond the |
5 | | utility's control, to follow prudent operating practices |
6 | | and must set forth the changes to each annual revenue |
7 | | requirement to be approved, and the basis for any changes |
8 | | in anticipated operating expenses or capital investment |
9 | | levels. The utility shall affirmatively address the impact |
10 | | of the changes on the Multi-Year Integrated Grid Plan and |
11 | | Multi-Year Rate Plan originally submitted and approved by |
12 | | the Commission. Any interested party may file an objection |
13 | | to the changes proposed, or offer alternatives to the |
14 | | utility's proposal, as supported by testimony and |
15 | | evidence. After notice and hearing, the Commission shall |
16 | | issue a final order regarding the electric utility's |
17 | | request no later than 180 days after the filing of the |
18 | | petition. |
19 | | (e) Performance incentive mechanisms. |
20 | | (1) The electric industry is undergoing rapid |
21 | | transformation, including fundamental changes in how |
22 | | electricity is generated, procured, and delivered and how |
23 | | customers are choosing to participate in the supply and |
24 | | delivery of electricity to and from the electric grid. |
25 | | Building upon the State's goals to increase the |
26 | | procurement of electricity from renewable energy |
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| | SB2408 Enrolled | - 830 - | LRB102 11366 BMS 16699 b |
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1 | | resources, including distributed generation and storage |
2 | | devices, the General Assembly finds that electric |
3 | | utilities should make cost-effective investments that |
4 | | support moving forward on Illinois' clean energy policies. |
5 | | It is therefore in the State's interest for the Commission |
6 | | to establish performance incentive mechanisms in order to |
7 | | better tie utility revenues to performance and customer |
8 | | benefits, accelerate progress on Illinois energy and other |
9 | | goals, ensure equity and affordability of rates for all |
10 | | customers, including low-income customers, and hold |
11 | | utilities publicly accountable. |
12 | | (2) The Commission shall approve, based on the |
13 | | substantial evidence proffered in the proceeding initiated |
14 | | pursuant to this subsection performance metrics that, to |
15 | | the extent practicable and achievable by the electric |
16 | | utility, encourage cost-effective, equitable utility |
17 | | achievement of the outcomes described in this subsection |
18 | | (e) while ensuring no degradation in the significant |
19 | | performance improvement achieved through previously |
20 | | established performance metrics. For each electric |
21 | | utility, the Commission shall approve metrics designed to |
22 | | achieve incremental improvements over baseline performance |
23 | | values and targets, over a performance period of up to 10 |
24 | | years, and no less than 4 years. |
25 | | (A) The Commission shall approve no more than 8 |
26 | | metrics, with at least one metric from each of the |
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| | SB2408 Enrolled | - 831 - | LRB102 11366 BMS 16699 b |
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1 | | categories below, for each electric utility, from |
2 | | subparagraphs (i) through (vi) of this subsection (A). |
3 | | Upon a utility request, the Commission may approve the |
4 | | use of a specific, measurable, and achievable tracking |
5 | | metric described in paragraph (3) of subsection (e) as |
6 | | a performance metric pursuant to paragraph (2) of |
7 | | subsection (e). |
8 | | (i) Metrics designed to ensure the utility |
9 | | maintains and improves the high standards of both |
10 | | overall and locational reliability and resiliency, |
11 | | and makes improvements in power quality, including |
12 | | and particularly in environmental justice and |
13 | | equity investment eligible communities. |
14 | | (ii) Peak load reductions attributable to |
15 | | demand response programs. |
16 | | (iii) Supplier diversity expansion, including |
17 | | diverse contractor participation in professional |
18 | | services, subcontracting, and prime contracting |
19 | | opportunities, development of programs that |
20 | | address the barriers to access, aligning |
21 | | demographics of contractors to the demographics in |
22 | | the utility's service territory, establish |
23 | | long-term mentoring relationships that develop and |
24 | | remove barriers to access for diverse and |
25 | | underserved contractors. The utilities shall |
26 | | provide solutions, resources, and tools to address |
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| | SB2408 Enrolled | - 832 - | LRB102 11366 BMS 16699 b |
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1 | | complex barriers of entry related to costly and |
2 | | time-intensive cyber security requirements, |
3 | | increasingly complex information technology |
4 | | requirements, insurance barriers, service provider |
5 | | sign-up process barriers, administrative process |
6 | | barriers, and other barriers that inhibit access |
7 | | to RFPs and contracts. For programs with contracts |
8 | | over $1,000,000, winning bidders must demonstrate |
9 | | a subcontractor development or mentoring |
10 | | relationship with at least one of their diverse |
11 | | subcontracting partners for a core component of |
12 | | the scope of the project. The mentoring time and |
13 | | cost shall be taken into account in the creation |
14 | | of RFP and shall include a structured and measured |
15 | | plan by the prime contractor to increase the |
16 | | capabilities of the subcontractor in their |
17 | | proposed scope. The metric shall include reporting |
18 | | on all supplier diversity programs by goals, |
19 | | program results, demographics and geography, with |
20 | | separate reporting by category of minority-owned, |
21 | | female-owned, veteran-owned, and disability-owned |
22 | | business enterprise metrics. The report shall |
23 | | include resources and expenses committed to the |
24 | | programs and conversion rates of new diverse |
25 | | utility contractors. |
26 | | (iv) Achieve affordable customer delivery |
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| | SB2408 Enrolled | - 833 - | LRB102 11366 BMS 16699 b |
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1 | | service costs, with particular emphasis on keeping |
2 | | the bills of lower-income households, households |
3 | | in equity investment eligible communities, and |
4 | | household in environmental justice communities |
5 | | within a manageable portion of their income and |
6 | | adopting credit and collection policies that |
7 | | reduce disconnections for these households |
8 | | specifically and for customers overall to ensure |
9 | | equitable disconnections, late fees, or arrearages |
10 | | as a result of utility credit and collection |
11 | | practices, which may include consideration of |
12 | | impact by zip code. |
13 | | (v) Metrics designed around the utility's |
14 | | timeliness to customer requests for |
15 | | interconnection in key milestone areas, such as: |
16 | | initial response, supplemental review, and system |
17 | | feasibility study; improved average service |
18 | | reliability index for those customers that have |
19 | | interconnected a distributed renewable energy |
20 | | generation device to the utility's distribution |
21 | | system and are lawfully taking service under an |
22 | | applicable tariff; offering a variety of |
23 | | affordable rate options, including demand |
24 | | response, time of use rates for delivery and |
25 | | supply, real-time pricing rates for supply; |
26 | | comprehensive and predictable net metering, and |
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| | SB2408 Enrolled | - 834 - | LRB102 11366 BMS 16699 b |
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1 | | maximizing the benefits of grid modernization and |
2 | | clean energy for ratepayers; and improving |
3 | | customer access to utility system information |
4 | | according to consumer demand and interest. |
5 | | (vi) Metrics designed to measure the utility's |
6 | | customer service performance, which may include |
7 | | the average length of time to answer a customer's |
8 | | call by a customer service representative, the |
9 | | abandoned call rate and the relative ranking of |
10 | | the electric utility, by a reputable third-party |
11 | | organization, in customer service satisfaction |
12 | | when compared to other similar electric utilities |
13 | | in the Midwest region. |
14 | | (B) Performance metrics shall include a |
15 | | description of the metric, a calculation method, a |
16 | | data collection method, annual performance targets, |
17 | | and any incentives or penalties for the utility's |
18 | | achievement of, or failure to achieve, their |
19 | | performance targets, provided that the total amount of |
20 | | potential incentives and penalties shall be |
21 | | symmetrical. Incentives shall be rewards or penalties |
22 | | or both, reflected as basis points added to, or |
23 | | subtracted from, the utility's cost of equity. The |
24 | | metrics and incentives shall apply for the entire time |
25 | | period covered by a Multi-Year Rate Plan. The total |
26 | | for all metrics shall be equal to 40 basis points, |
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| | SB2408 Enrolled | - 835 - | LRB102 11366 BMS 16699 b |
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1 | | however, the Commission may adjust the basis points |
2 | | upward or downward by up to 20 basis points for any |
3 | | given Multi-Year Rate Plan, as appropriate, but in no |
4 | | event may the total exceed 60 basis points or fall |
5 | | below 20 basis points. |
6 | | (C) Metrics related to reliability shall be |
7 | | implemented to ensure equitable benefits to |
8 | | environmental justice and equity investment eligible |
9 | | communities, as defined in this Act. |
10 | | (D) The Commission shall approve performance |
11 | | metrics that are reasonably within control of the |
12 | | utility to achieve. The Commission also shall not |
13 | | approve a metric that is solely expected to have the |
14 | | effect of reducing the workforce. Performance metrics |
15 | | should measure outcomes and actual, rather than |
16 | | projected, results where possible. Nothing in this |
17 | | paragraph is intended to require that different |
18 | | electric utilities must be subject to the same |
19 | | metrics, goals, or incentives. |
20 | | (E) Increases or enhancements to an existing |
21 | | performance goal or target shall be considered in |
22 | | light of other metrics, cost-effectiveness, and other |
23 | | factors the Commission deems appropriate. Performance |
24 | | metrics shall include one year of tracking data |
25 | | collected in a consistent manner, verifiable by an |
26 | | independent evaluator in order to establish a baseline |
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| | SB2408 Enrolled | - 836 - | LRB102 11366 BMS 16699 b |
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1 | | and measure outcomes and actual results against |
2 | | projections where possible. |
3 | | (F) For the purpose of determining reasonable |
4 | | performance metrics and related incentives, the |
5 | | Commission shall develop a methodology to calculate |
6 | | net benefits that includes customer and societal costs |
7 | | and benefits and quantifies the effect on delivery |
8 | | rates. In determining the appropriate level of a |
9 | | performance incentive, the Commission shall consider: |
10 | | the extent to which the amount is likely to encourage |
11 | | the utility to achieve the performance target in the |
12 | | least cost manner; the value of benefits to customers, |
13 | | the grid, public health and safety, and the |
14 | | environment from achievement of the performance |
15 | | target, including in particular benefits to equity |
16 | | investment eligible community; the affordability of |
17 | | customer's electric bills, including low-income |
18 | | customers, the utility's revenue requirement, the |
19 | | promotion of renewable and distributed energy, and |
20 | | other such factors that the Commission deems |
21 | | appropriate. The consideration of these factors shall |
22 | | result in an incentive level that ensures benefits |
23 | | exceed costs for customers. |
24 | | (G) Achievement of performance metrics are based |
25 | | on the assumptions that the utility will adopt or |
26 | | implement the technology and equipment, and make the |
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1 | | investments to the extent reasonably necessary to |
2 | | achieve the goal. If the electric utility is unable to |
3 | | meet the performance metrics as a result of |
4 | | extraordinary circumstances outside of its control, |
5 | | including but not limited to government-declared |
6 | | emergencies, then the utility shall be permitted to |
7 | | file a petition with the Commission requesting that |
8 | | the utility be excused from compliance with the |
9 | | applicable performance goal or goals and the |
10 | | associated financial incentives and penalties. The |
11 | | burden of proof shall be on the utility, consistent |
12 | | with Article IX, and the utility's petition shall be |
13 | | supported by substantial evidence. The Commission |
14 | | shall, after notice and hearing, enter its order |
15 | | approving or denying, in whole or in part, the |
16 | | utility's petition based on the extent to which the |
17 | | utility demonstrated that its achievement of the |
18 | | affected metrics and performance goals was hindered by |
19 | | extraordinary circumstances outside of the utility's |
20 | | control. |
21 | | (3) The Commission shall approve reasonable and |
22 | | appropriate tracking metrics to collect and monitor data |
23 | | for the purpose of measuring and reporting utility |
24 | | performance and for establishing future performance |
25 | | metrics. These additional tracking metrics shall include |
26 | | at least one metric from each of the following categories |
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1 | | of performance: |
2 | | (A) Minimize emissions of greenhouse gases and |
3 | | other air pollutants that harm human health, |
4 | | particularly in environmental justice and equity |
5 | | investment eligible communities, through minimizing |
6 | | total emissions by accelerating electrification of |
7 | | transportation, buildings and industries where such |
8 | | electrification results in net reductions, across all |
9 | | fuels and over the life of electrification measures, |
10 | | of greenhouse gases and other pollutants, taking into |
11 | | consideration the fuel mix used to produce electricity |
12 | | at the relevant hour and the effect of accelerating |
13 | | electrification on electricity delivery services |
14 | | rates, supply prices and peak demand, provided the |
15 | | revenues the utility receives from accelerating |
16 | | electrification of transportation, buildings and |
17 | | industries exceed the costs. |
18 | | (B) Enhance the grid's flexibility to adapt to |
19 | | increased deployment of nondispatchable resources, |
20 | | improve the ability and performance of the grid on |
21 | | load balancing, and offer a variety of rate plans to |
22 | | match consumer consumption patterns and lower consumer |
23 | | bills for electricity delivery and supply. |
24 | | (C) Ensure rates reflect cost savings attributable |
25 | | to grid modernization and utilize distributed energy |
26 | | resources that allow the utility to defer or forgo |
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1 | | traditional grid investments that would otherwise be |
2 | | required to provide safe and reliable service. |
3 | | (D) Metrics designed to create and sustain |
4 | | full-time-equivalent jobs and opportunities for all |
5 | | segments of the population and workforce, including |
6 | | minority-owned businesses, women-owned businesses, |
7 | | veteran-owned businesses, and businesses owned by a |
8 | | person or persons with a disability, and that do not, |
9 | | consistent with State and federal law, discriminate |
10 | | based on race or socioeconomic status as a result of |
11 | | this amendatory Act of the 102nd General Assembly. |
12 | | (E) Maximize and prioritize the allocation of grid |
13 | | planning benefits to environmental justice and |
14 | | economically disadvantaged customers and communities, |
15 | | such that all metrics provide equitable benefits |
16 | | across the utility's service territory and maintain |
17 | | and improve utility customers' access to uninterrupted |
18 | | utility services. |
19 | | (4) The Commission may establish new tracking and |
20 | | performance metrics in future Multi-Year Rate Plans to |
21 | | further measure achievement of the outcomes set forth in |
22 | | paragraph (2) of subsection (f) of this Section and the |
23 | | other goals and requirements of this Section. |
24 | | (5) The Commission shall also evaluate metrics that |
25 | | were established in prior Multi-Year Rate Plans to |
26 | | determine if there has been an unanticipated material |
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1 | | change in circumstances such that adjustments are required |
2 | | to improve the likelihood of the outcomes described in |
3 | | paragraph (2) of subsection (f). For metrics that were |
4 | | established in prior Multi-Year Rate Plan proceedings and |
5 | | that the Commission elects to continue, the design of |
6 | | these metrics, including the goals of tracking metrics and |
7 | | the targets and incentive levels and structures of |
8 | | performance metrics, may be adjusted pursuant to the |
9 | | requirements in this Section. The Commission may also |
10 | | change, adjust or phase out tracking and performance |
11 | | metrics that were established in prior Multi-Year Rate |
12 | | Plan proceedings if these metrics no longer meet the |
13 | | requirements of this Section or if they are rendered |
14 | | obsolete by the changing needs and technology of an |
15 | | evolving grid. Additionally, performance metrics that no |
16 | | longer require an incentive to create improved utility |
17 | | performance may become tracking metrics in a Multi-Year |
18 | | Rate Plan proceeding. |
19 | | (6) The Commission shall initiate a workshop process |
20 | | no later than August 1, 2021, or 15 days after the |
21 | | effective date of this amendatory Act of the 102nd General |
22 | | Assembly, whichever is later, for the purpose of |
23 | | facilitating the development of metrics for each utility. |
24 | | The workshop shall be coordinated by the staff of the |
25 | | Commission, or a facilitator retained by staff, and shall |
26 | | be organized and facilitated in a manner that encourages |
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1 | | representation from diverse stakeholders and ensures |
2 | | equitable opportunities for participation, without |
3 | | requiring formal intervention or representation by an |
4 | | attorney. Working with staff of the Commission the |
5 | | facilitator may conduct a combination of workshops |
6 | | specific to a utility or applicable to multiple utilities |
7 | | where content and stakeholders are substantially similar. |
8 | | The workshop process shall conclude no later than October |
9 | | 31, 2021. Following the workshop, the staff of the |
10 | | Commission, or the facilitator retained by the Staff, |
11 | | shall prepare and submit a report to the Commission that |
12 | | identifies the participants in the process, the metrics |
13 | | proposed during the process, any material issues that |
14 | | remained unresolved at the conclusions of such process, |
15 | | and any recommendations for workshop process improvements. |
16 | | Any workshop participant may file comments and reply |
17 | | comments in response to the Staff report. |
18 | | (A) No later than January, 20, 2022, each electric |
19 | | utility that intends to file a petition pursuant to |
20 | | subsection (b) of this Section shall file a petition |
21 | | with the Commission seeking approval of its |
22 | | performance metrics, which shall include for each |
23 | | metric, at a minimum, (i) a detailed description, (ii) |
24 | | the calculation of the baseline, (iii) the performance |
25 | | period and overall performance goal, provided that the |
26 | | performance period shall not commence prior to January |
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1 | | 1, 2024, (iv) each annual performance goal, (v) the |
2 | | performance adjustment, which shall be a symmetrical |
3 | | basis point increase or decrease to the utility's cost |
4 | | of equity based on the extent to which the utility |
5 | | achieved the annual performance goal, and (vi) the new |
6 | | or modified tariff mechanism that will apply the |
7 | | performance adjustments. The Commission shall issue |
8 | | its order approving, or approving with modification, |
9 | | the utility's proposed performance metrics no later |
10 | | than September 30, 2022. |
11 | | (B) No later than August 1, 2025, the Commission |
12 | | shall initiate a workshop process that conforms to the |
13 | | workshop purpose and requirements of this paragraph |
14 | | (6) of this Section to the extent they do not conflict. |
15 | | The workshop process shall conclude no later than |
16 | | October 31, 2025, and the staff of the Commission, or |
17 | | the facilitator retained by the Staff, shall prepare |
18 | | and submit a report consistent with the requirements |
19 | | described in this paragraph (6) of this Section. No |
20 | | later than January 20, 2026, each electric utility |
21 | | subject to the requirements of this Section shall file |
22 | | a petition the reflects, and is consistent with, the |
23 | | components required in this paragraph (6) of this |
24 | | Section, and the Commission shall issue its order |
25 | | approving, or approving with modification, the |
26 | | utility's proposed performance metrics no later than |
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1 | | September 30, 2026. |
2 | | (f) On May 1 of each year, following the approval of the |
3 | | first Multi-Year Rate Plan and its initial year, the |
4 | | Commission shall open an annual performance evaluation |
5 | | proceeding to evaluate the utilities' performance on their |
6 | | metric targets during the year just completed, as well as the |
7 | | appropriate Annual Adjustment as defined in paragraph (6). The |
8 | | Commission shall determine the performance and annual |
9 | | adjustments to be applied through a surcharge in the following |
10 | | calendar year. |
11 | | (1) On February 15 of each year, prior to the annual |
12 | | performance evaluation proceeding, each utility shall file |
13 | | a performance evaluation report with the Commission that |
14 | | includes a description of and all data supporting how the |
15 | | utility performed under each performance metric and an |
16 | | identification of any extraordinary events that adversely |
17 | | impacted the utility's performance. |
18 | | (2) The metrics approved under this Section are based |
19 | | on the assumptions that the utility may fully implement |
20 | | the technology and equipment, and make the investments, |
21 | | required to achieve the metrics and performance goals. If |
22 | | the utility is unable to meet the metrics and performance |
23 | | goals because it was hindered by unanticipated technology |
24 | | or equipment implementation delays, government-declared |
25 | | emergencies, or other investment impediments, then the |
26 | | utility shall be permitted to file a petition with the |
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1 | | Commission on or before the date that its report is due |
2 | | pursuant to paragraph (1) of this subsection (f) |
3 | | requesting that the utility be excused from compliance |
4 | | with the applicable performance goal or goals. The burden |
5 | | of proof shall be on the utility, consistent with Article |
6 | | IX, and the utility's petition shall be supported by |
7 | | substantial evidence. No later than 90 days after the |
8 | | utility files its petition, the Commission shall, after |
9 | | notice and hearing, enter its order approving or denying, |
10 | | in whole or in part, the utility's petition based on the |
11 | | extent to which the utility demonstrated that its |
12 | | achievement of the affected metrics and performance goals |
13 | | was hindered by unanticipated technology or equipment |
14 | | implementation delays, or other investment impediments, |
15 | | that were reasonably outside of the utility's control. |
16 | | (3) The electric utility shall provide for an annual |
17 | | independent evaluation of its performance on metrics. The |
18 | | independent evaluator shall review the utility's |
19 | | assumptions, baselines, targets, calculation |
20 | | methodologies, and other relevant information, especially |
21 | | ensuring that the utility's data for establishing |
22 | | baselines matches actual performance, and shall provide a |
23 | | report to the Commission in each annual performance |
24 | | evaluation describing the results. The independent |
25 | | evaluator shall present this report as evidence as a |
26 | | nonparty participant and shall not be represented by the |
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1 | | utility's legal counsel. The independent evaluator shall |
2 | | be hired through a competitive bidding process with |
3 | | approval of the contract by the Commission. |
4 | | The Commission shall consider the report of the |
5 | | independent evaluator in determining the utility's |
6 | | achievement of performance targets. Discrepancies between |
7 | | the utility's assumptions, baselines, targets, or |
8 | | calculations and those of the independent evaluator shall |
9 | | be closely scrutinized by the Commission. If the |
10 | | Commission finds that the utility's reported data for any |
11 | | metric or metrics significantly and incorrectly deviates |
12 | | from the data reported by the independent evaluator, then |
13 | | the Commission shall order the utility to revise its data |
14 | | collection and calculation process within 60 days, with |
15 | | specifications where appropriate. |
16 | | (4) The Commission shall, after notice and hearing in |
17 | | the annual performance evaluation proceeding, enter an |
18 | | order approving the utility's performance adjustment based |
19 | | on its achievement of or failure to achieve its |
20 | | performance targets no later than December 20 each year. |
21 | | The Commission-approved penalties or incentives shall be |
22 | | applied beginning with the next calendar year. |
23 | | (5) In order to promote the transparency of utility |
24 | | investments during the effective period of a multi-year |
25 | | rate plan, inform the Commission's investigation and |
26 | | adjustment of rates in the annual adjustment process, and |
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1 | | to facilitate the participation of stakeholders in the |
2 | | annual adjustment process, an electric utility with an |
3 | | effective Multi-Year Rate Plan shall, within 90 days of |
4 | | the close of each quarter during the Multi-Year Rate Plan |
5 | | period, submit to the Commission a report that summarizes |
6 | | the additions to utility plant that were placed into |
7 | | service during the prior quarter, which for purposes of |
8 | | the report shall be the most recently closed fiscal |
9 | | quarter. The report shall also summarize the utility plant |
10 | | the electric utility projects it will place into service |
11 | | through the end of the calendar year in which the report is |
12 | | filed. The projections, estimates, plans, and |
13 | | forward-looking information that are provided in the |
14 | | reports pursuant to this paragraph (5) are for planning |
15 | | purposes and are intended to be illustrative of the |
16 | | investments that the utility proposes to make as of the |
17 | | time of submittal. Nothing in this paragraph (5) |
18 | | precludes, or is intended to limit, a utility's ability to |
19 | | modify and update its projections, estimates, plans, and |
20 | | forward-looking information previously submitted in order |
21 | | to reflect stakeholder input or other new or updated |
22 | | information and analysis, including, but not limited to, |
23 | | changes in specific investment needs, customer electric |
24 | | use patterns, customer applications and preferences, and |
25 | | commercially available equipment and technologies, however |
26 | | the utility shall explain any changes or deviations |
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1 | | between the projected investments from the quarterly |
2 | | reports and actual investments in the annual report. The |
3 | | reports submitted pursuant to this subsection are intended |
4 | | to be flexible planning tools, and are expected to evolve |
5 | | as new information becomes available. Within 7 days of |
6 | | receiving a quarterly report, the Commission shall timely |
7 | | make such report available to the public by posting it on |
8 | | the Commission's website. Each quarterly report shall |
9 | | include the following detail: |
10 | | (A) The total dollar value of the additions to |
11 | | utility plant placed in service during the prior |
12 | | quarter; |
13 | | (B) A list of the major investment categories the |
14 | | electric utility used to manage its routine standing |
15 | | operational activities during the prior quarter |
16 | | including the total dollar amount for the work |
17 | | reflected in each investment category in which utility |
18 | | plant in service is equal to or greater than |
19 | | $2,000,000 for an electric utility that serves more |
20 | | than 3,000,000 customers in the State or $500,000 for |
21 | | an electric utility that serves less than 3,000,000 |
22 | | customers but more than 500,000 customers in the State |
23 | | as of the last day of the quarterly reporting period, |
24 | | as well as a summary description of each investment |
25 | | category; |
26 | | (C) A list of the projects which the electric |
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1 | | utility has identified by a unique investment tracking |
2 | | number for utility plant placed in service during the |
3 | | prior quarter for utility plant placed in service with |
4 | | a total dollar value as of the last day of the |
5 | | quarterly reporting period that is equal to or greater |
6 | | than $2,000,000 for an electric utility that serves |
7 | | more than 3,000,000 customers in the State or $500,000 |
8 | | for an electric utility that serves less than |
9 | | 3,000,000 retail customers but more than $500,000 |
10 | | retail customers in the State, as well as a summary of |
11 | | each project; |
12 | | (D) The estimated total dollar value of the |
13 | | additions to utility plant projected to be placed in |
14 | | service through the end of the calendar year in which |
15 | | the report is filed; |
16 | | (E) A list of the major investment categories the |
17 | | electric utility used to manage its routine standing |
18 | | operational activities with utility plant projected to |
19 | | be placed in service through the end of the calendar |
20 | | year in which the report is filed, including the total |
21 | | dollar amount for the work reflected in each |
22 | | investment category in which utility plant in service |
23 | | is projected to be equal to or greater than $2,000,000 |
24 | | for an electric utility that serves more than |
25 | | 3,000,000 customers in the State or $500,000 for an |
26 | | electric utility that serves less than 3,000,000 |
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1 | | retail customers but more than 500,000 retail |
2 | | customers in the State, as well as a summary |
3 | | description of each investment category; and |
4 | | (F) A list of the projects for which the electric |
5 | | utility has identified by a unique investment tracking |
6 | | number for utility plant projected to be placed in |
7 | | service through the end of the calendar year in which |
8 | | the report is filed with an estimated dollar value |
9 | | that is equal to or greater than $2,000,000 for an |
10 | | electric utility that serves more than 3,000,000 |
11 | | customers in the State or $500,000 for an electric |
12 | | utility that serves less than 3,000,000 retails |
13 | | customers but more than $500,000 retail customers in |
14 | | the State, as well as a summary description of each |
15 | | project. |
16 | | (6) As part of the Annual Performance Adjustment, the |
17 | | electric utility shall submit evidence sufficient to |
18 | | support a determination of its actual revenue requirement |
19 | | for the applicable calendar year, consistent with the |
20 | | provisions of paragraphs (d) and (f) of this subsection. |
21 | | The electric utility shall bear the burden of |
22 | | demonstrating that its costs were prudent and reasonable, |
23 | | subject to the provisions of paragraph (4) of this |
24 | | subsection (f). The Commission's review of the electric |
25 | | utility's annual adjustment shall be based on the same |
26 | | evidentiary standards, including, but not limited to, |
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1 | | those concerning the prudence and reasonableness of the |
2 | | known and measurable costs forecasted to be incurred by |
3 | | the utility, and the used and usefulness of the actual |
4 | | plant investment pursuant to Section 9-211 of this Act, |
5 | | that the Commission applies in a proceeding to review a |
6 | | filing for changes in rates pursuant to Section 9-201 of |
7 | | this Act. The Commission shall determine the prudence and |
8 | | reasonableness of the actual costs incurred by the utility |
9 | | during the applicable calendar year, as well as determine |
10 | | the original cost of plant in service as of the end of the |
11 | | applicable calendar year. The Commission shall then |
12 | | determine the Annual Adjustment, which shall mean the |
13 | | amount by which, the electric utility's actual revenue |
14 | | requirement for the applicable year of the Multi-Year Rate |
15 | | Plan either exceeded, or was exceeded by, the revenue |
16 | | requirement approved by the Commission for such calendar |
17 | | year, plus carrying costs calculated at the weighted |
18 | | average cost of capital approved for the Multi-Year Rate |
19 | | Plan. |
20 | | The Commission's determination of the electric |
21 | | utility's actual revenue requirement for the applicable |
22 | | calendar year shall be based on: |
23 | | (A) the Commission-approved used and useful, |
24 | | prudent and reasonable actual costs for the applicable |
25 | | calendar year, which shall be determined pursuant to |
26 | | the following criteria: |
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1 | | (i) The overall level of actual costs incurred |
2 | | during the calendar year, provided that the |
3 | | Commission may not allow recovery of actual costs |
4 | | that are more than 105% of the approved revenue |
5 | | requirement calculated as provided in item (ii) of |
6 | | this subparagraph (A), except to the extent the |
7 | | Commission approves a modification of the |
8 | | Multi-Year Rate Plan to permit such recovery. |
9 | | (ii) The calculation of 105% of the revenue |
10 | | requirement required by this subparagraph (A) |
11 | | shall exclude the revenue requirement impacts of |
12 | | the following volatile and fluctuating variables |
13 | | that occurred during the year: (i) storms and |
14 | | weather-related events for which the utility |
15 | | provides sufficient evidence to demonstrate that |
16 | | such expenses were not foreseeable and not in |
17 | | control of the utility; (ii) new business; (iii) |
18 | | changes in interest rates; (iv) changes in taxes; |
19 | | (v) facility relocations; (vi) changes in pension |
20 | | or post-retirement benefits costs due to |
21 | | fluctuations in interest rates, market returns or |
22 | | actuarial assumptions; (vii) amortization expenses |
23 | | related to costs; and (viii) changes in the timing |
24 | | of when an expenditure or investment is made such |
25 | | that it is accelerated to occur during the |
26 | | applicable year or deferred to occur in a |
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1 | | subsequent year. |
2 | | (B) the year-end rate base; |
3 | | (C) the cost of equity approved in the multi-year |
4 | | rate plan; and |
5 | | (D) the electric utility's actual year-end capital |
6 | | structure, provided that the common equity ratio in |
7 | | such capital structure may not exceed the common |
8 | | equity ratio that was approved by the Commission in |
9 | | the Multi-Year Rate Plan. |
10 | | (2) The Commission's determinations of the prudence |
11 | | and reasonableness of the costs incurred for the |
12 | | applicable year, and of the original cost of plant in |
13 | | service as of the end of the applicable calendar year, |
14 | | shall be final upon entry of the Commission's order and |
15 | | shall not be subject to collateral attack in any other |
16 | | Commission proceeding, case, docket, order, rule, or |
17 | | regulation; however, nothing in this Section shall |
18 | | prohibit a party from petitioning the Commission to rehear |
19 | | or appeal to the courts the order pursuant to the |
20 | | provisions of this Act. |
21 | | (g) During the period leading to approval of the first |
22 | | Multi-Year Integrated Grid Plan, each electric utility will |
23 | | necessarily continue to invest in its distribution grid. Those |
24 | | investments will be subject to a determination of prudence and |
25 | | reasonableness consistent with Commission practice and law. |
26 | | Any failure to conform to the Multi-Year Integrated Grid Plan |
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1 | | ultimately approved shall not imply imprudence or |
2 | | unreasonableness. |
3 | | (h) After calculating the Performance Adjustment and |
4 | | Annual Adjustment, the Commission shall order the electric |
5 | | utility to collect the amount in excess of the revenue |
6 | | requirement from customers, or issue a refund to customers, as |
7 | | applicable, to be applied through a surcharge beginning with |
8 | | the next calendar year. |
9 | | Electric utilities subject to the requirements of this |
10 | | Section shall be permitted to file new or revised tariffs to |
11 | | comply with the provisions of, and Commission orders entered |
12 | | pursuant to, this Section. |
13 | | (220 ILCS 5/16-108.19 new) |
14 | | Sec. 16-108.19. Division of Integrated Distribution |
15 | | Planning. |
16 | | (a) The Commission shall establish the Division of |
17 | | Integrated Distribution Planning within the Bureau of Public |
18 | | Utilities. The Division shall be staffed by no less than 13 |
19 | | professionals, including engineers, rate analysts, |
20 | | accountants, policy analysts, utility research and analysis |
21 | | analysts, cybersecurity analysts, informational technology |
22 | | specialists, and lawyers to review and evaluate Integrated |
23 | | Grid Plans, updates to Integrated Grid Plans, audits, and |
24 | | other duties as assigned by the Chief of the Public Utilities |
25 | | Bureau. |
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1 | | (b) The Division of Integrated Distribution Planning shall |
2 | | be established by January 1, 2022. |
3 | | (220 ILCS 5/16-108.20 new) |
4 | | Sec. 16-108.20. Cost-effectiveness incentive. |
5 | | (a) The General Assembly finds that it is critical to |
6 | | maintain this focus on utility bill affordability as the State |
7 | | transitions to a clean energy economy. The General Assembly |
8 | | accordingly finds that it may be in the public interest to |
9 | | incentivize electric utilities to reduce spending where |
10 | | practicable and where such reduction will not have an adverse |
11 | | impact on the State's clean energy goals; this Act's |
12 | | overarching objectives of efficiency, environmental quality, |
13 | | reliability, and equity; or the utility's achievement on its |
14 | | metrics. |
15 | | (b) In addition to the performance metrics established and |
16 | | approved by the Commission pursuant to Section 16-108.18 of |
17 | | this Act, the Commission may also determine whether each |
18 | | electric utility that serves more than 500,000 retail |
19 | | customers in the State may also be subject to a performance |
20 | | metric that incentivizes the utility to make cost-effective |
21 | | choices and stretch to achieve cost savings for public utility |
22 | | customers where it can do so without adverse impact (on |
23 | | efficiency, environmental quality, reliability or equity). |
24 | | (c) The Commission shall initiate a docket on the subject |
25 | | of cost-effective shared savings, and shall make a |
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1 | | determination if it would be in the public interest and the |
2 | | best interest of electric utility customers to establish a |
3 | | performance metric that incentivizes utilities to reduce their |
4 | | costs while meeting all other performance metrics and |
5 | | addressing state goals as found in this Act. |
6 | | (d) At the conclusion of the docket, if the Commission |
7 | | determines that such an incentive is in the best interest of |
8 | | consumers, the Commission shall have the authority to set a |
9 | | specific metric as part of the performance metric process |
10 | | pursuant to Section 16-108.18. Such metric shall include a |
11 | | determination of the percentage of the shared savings to be |
12 | | returned to the customers and to the utility. Such percentage |
13 | | shall be set so as to incentivize the utility to make savings, |
14 | | while providing substantial benefits to consumers. |
15 | | (220 ILCS 5/16-108.21 new) |
16 | | Sec. 16-108.21. Accelerated repayment of excess deferred |
17 | | income tax. |
18 | | (a) The General Assembly finds: |
19 | | (1) That a portion of each utility's compensation from |
20 | | ratepayers is attributable to reimbursement for federal |
21 | | taxes paid by the utility. |
22 | | (2) Due to the enactment of the 2017 Tax Cut and Jobs |
23 | | Act, the federal income tax rate for corporations was |
24 | | lowered, resulting in excess deferred income tax for |
25 | | distribution utilities in the State that serve more than |
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1 | | 100,000 customers. |
2 | | (3) In proceedings before the Commission, it was |
3 | | determined that the repayment period to ratepayers by the |
4 | | utilities which serve more than 100,000 customers in this |
5 | | State for this excess deferred income tax would be 39.5 |
6 | | years. |
7 | | (4) The COVID-19 pandemic has harmed many customers of |
8 | | all rate classes in the State, and resulted in the |
9 | | Commission adopting a number of measures to provide relief |
10 | | for customers. |
11 | | (5) It would be in the interest of the State for the |
12 | | repayment of the excess deferred income tax referenced in |
13 | | Commission Dockets 19-0436, 19-0387, 20-0381, and 20-0393 |
14 | | to be paid back to ratepayers on a timetable greatly |
15 | | accelerated from that set forth in the dockets. |
16 | | (b) Notwithstanding the Commission Orders in Dockets |
17 | | 19-0436, 19-0387, 20-0381, and 20-0382, the excess deferred |
18 | | income tax referenced in those dockets shall be fully refunded |
19 | | to ratepayers by the respective utilities no later than |
20 | | December 31, 2025. |
21 | | (c) The Commission shall initiate a docket to provide for |
22 | | the refunding of these excess deferred income taxes to |
23 | | ratepayers of the utilities referenced in those dockets, and |
24 | | shall set forth any necessary provisions to accomplish the |
25 | | reimbursement on the schedule delineated in subsection (b). |
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1 | | (220 ILCS 5/16-108.25 new) |
2 | | Sec. 16-108.25. Tariff regarding transition in rates. Each |
3 | | electric utility that files a Multi-Year Rate Plan pursuant to |
4 | | Section 16-108.18 of this Act or a general rate case as |
5 | | described in this Act shall also file a tariff that sets forth |
6 | | the processes and procedures by which the electric utility |
7 | | will transition from its current rates and ratemaking |
8 | | mechanism to the new Multi-Year Rate Plan or a general rate |
9 | | case and rates that will take effect under that multi-year |
10 | | plan. The proposed tariff shall be consistent with the tariff |
11 | | approved by the Commission in Docket No. 20-0426 and covers |
12 | | the period until the new delivery rates are effective and all |
13 | | required processes and procedures described in the tariff have |
14 | | been completed. |
15 | | Each electric utility subject to this Section shall file |
16 | | its proposed tariff no later than 30 days after the effective |
17 | | date of this amendatory Act of the 102nd General Assembly, and |
18 | | the Commission shall enter its order approving the tariff no |
19 | | later than 120 days after it was filed if the Commission finds |
20 | | that the proposed tariff is consistent with the tariff |
21 | | previously approved in Docket No. 20-0426 for the period until |
22 | | the new delivery rates are effective and all required |
23 | | processes and procedures described in the tariff have been |
24 | | completed. If the Commission does not so find, then the |
25 | | Commission shall approve the utility's tariff with those |
26 | | modifications that are required to make the proposed tariff |
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1 | | consistent with the tariff approved in Docket 20-0426 until |
2 | | the new delivery rates are effective and all required |
3 | | processes and procedures described in the tariff have been |
4 | | completed. |
5 | | An electric utility that has a tariff in effect on the |
6 | | effective date of this amendatory Act of the 102nd General |
7 | | Assembly that provides for the transition from its current |
8 | | rates and ratemaking mechanism to new base rates approved |
9 | | pursuant to Article IX of this Act, shall file a compliance |
10 | | tariff modifying its existing tariff to comply with the |
11 | | provisions of this Section. The compliance tariff shall go |
12 | | into effect on 45 days' notice. |
13 | | (220 ILCS 5/16-108.30 new) |
14 | | Sec. 16-108.30. Energy Transition Assistance Fund. |
15 | | (a) The Energy Transition Assistance Fund is hereby |
16 | | created as a special fund in the State Treasury. The Energy |
17 | | Transition Assistance Fund is authorized to receive moneys |
18 | | collected pursuant to this Section. Subject to appropriation, |
19 | | the Department of Commerce and Economic Opportunity shall use |
20 | | moneys from the Energy Transition Assistance Fund consistent |
21 | | with the purposes of this Act. |
22 | | (b) An electric utility serving more than 500,000 |
23 | | customers in the State shall assess an energy transition |
24 | | assistance charge on all its retail customers for the Energy |
25 | | Transition Assistance Fund. The utility's total charge shall |
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1 | | be set based upon the value determined by the Department of |
2 | | Commerce and Economic Opportunity pursuant to subsection (d) |
3 | | or (e), as applicable, of Section 605-1075 of the Department |
4 | | of Commerce and Economic Opportunity Law of the Civil |
5 | | Administrative Code of Illinois. For each utility, the charge |
6 | | shall be recovered through a single, uniform cents per |
7 | | kilowatt-hour charge applicable to all retail customers. For |
8 | | each utility, the charge shall not exceed 1.3% of the amount |
9 | | paid per kilowatthour by those customers during the year |
10 | | ending May 31, 2009. |
11 | | (c) Within 75 days of the effective date of this |
12 | | amendatory Act of the 102nd General Assembly, each electric |
13 | | utility serving more than 500,000 customers in the State shall |
14 | | file with the Illinois Commerce Commission tariffs |
15 | | incorporating the energy transition assistance charge in other |
16 | | charges stated in such tariffs, which energy transition |
17 | | assistance charges shall become effective no later than the |
18 | | beginning of the first billing cycle that begins on or after |
19 | | January 1, 2022. Each electric utility serving more than |
20 | | 500,000 customers in the State shall, prior to the beginning |
21 | | of each calendar year starting with calendar year 2023, file |
22 | | with the Illinois Commerce Commission tariff revisions to |
23 | | incorporate annual revisions to the energy transition |
24 | | assistance charge as prescribed by the Department of Commerce |
25 | | and Economic Opportunity pursuant to Section 605-1075 of the |
26 | | Department of Commerce and Economic Opportunity Law of the |
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1 | | Civil Administrative Code of Illinois so that such revision |
2 | | becomes effective no later than the beginning of the first |
3 | | billing cycle in each respective year. |
4 | | (d) The energy transition assistance charge shall be |
5 | | considered a charge for public utility service. |
6 | | (e) By the 20th day of the month following the month in |
7 | | which the charges imposed by this Section were collected, each |
8 | | electric utility serving more than 500,000 customers in the |
9 | | State shall remit to Department of Revenue all moneys received |
10 | | as payment of the energy transition assistance charge on a |
11 | | return prescribed and furnished by the Department of Revenue |
12 | | showing such information as the Department of Revenue may |
13 | | reasonably require. If a customer makes a partial payment, a |
14 | | public utility may apply such partial payments first to |
15 | | amounts owed to the utility. No customer may be subjected to |
16 | | disconnection of his or her utility service for failure to pay |
17 | | the energy transition assistance charge. |
18 | | If any payment provided for in this subsection exceeds the |
19 | | electric utility's liabilities under this Act, as shown on an |
20 | | original return, the Department may authorize the electric |
21 | | utility to credit such excess payment against liability |
22 | | subsequently to be remitted to the Department under this Act, |
23 | | in accordance with reasonable rules adopted by the Department. |
24 | | All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, |
25 | | 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 |
26 | | of the Retailers' Occupation Tax Act that are not inconsistent |
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1 | | with this Act apply, as far as practicable, to the charge |
2 | | imposed by this Act to the same extent as if those provisions |
3 | | were included in this Act. References in the incorporated |
4 | | Sections of the Retailers' Occupation Tax Act to retailers, to |
5 | | sellers, or to persons engaged in the business of selling |
6 | | tangible personal property mean persons required to remit the |
7 | | charge imposed under this Act. |
8 | | (f) The Department of Revenue shall deposit into the |
9 | | Energy Transition Assistance Fund all moneys remitted to it in |
10 | | accordance with this Section. |
11 | | (g) The Department of Revenue may establish such rules as |
12 | | it deems necessary to implement this Section. |
13 | | (h) The Department of Commerce and Economic Opportunity |
14 | | may establish such rules as it deems necessary to implement |
15 | | this Section. |
16 | | (220 ILCS 5/16-111.5) |
17 | | Sec. 16-111.5. Provisions relating to procurement. |
18 | | (a) An electric utility that on December 31, 2005 served |
19 | | at least 100,000 customers in Illinois shall procure power and |
20 | | energy for its eligible retail customers in accordance with |
21 | | the applicable provisions set forth in Section 1-75 of the |
22 | | Illinois Power Agency Act and this Section. Beginning with the |
23 | | delivery year commencing on June 1, 2017, such electric |
24 | | utility shall also procure zero emission credits from zero |
25 | | emission facilities in accordance with the applicable |
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1 | | provisions set forth in Section 1-75 of the Illinois Power |
2 | | Agency Act, and, for years beginning on or after June 1, 2017, |
3 | | the utility shall procure renewable energy resources in |
4 | | accordance with the applicable provisions set forth in Section |
5 | | 1-75 of the Illinois Power Agency Act and this Section. |
6 | | Beginning with the delivery year commencing on June 1, 2022, |
7 | | an electric utility serving over 3,000,000 customers shall |
8 | | also procure carbon mitigation credits from carbon-free energy |
9 | | resources in accordance with the applicable provisions set |
10 | | forth in Section 1-75 of the Illinois Power Agency Act and this |
11 | | Section. A small multi-jurisdictional electric utility that on |
12 | | December 31, 2005 served less than 100,000 customers in |
13 | | Illinois may elect to procure power and energy for all or a |
14 | | portion of its eligible Illinois retail customers in |
15 | | accordance with the applicable provisions set forth in this |
16 | | Section and Section 1-75 of the Illinois Power Agency Act. |
17 | | This Section shall not apply to a small multi-jurisdictional |
18 | | utility until such time as a small multi-jurisdictional |
19 | | utility requests the Illinois Power Agency to prepare a |
20 | | procurement plan for its eligible retail customers. "Eligible |
21 | | retail customers" for the purposes of this Section means those |
22 | | retail customers that purchase power and energy from the |
23 | | electric utility under fixed-price bundled service tariffs, |
24 | | other than those retail customers whose service is declared or |
25 | | deemed competitive under Section 16-113 and those other |
26 | | customer groups specified in this Section, including |
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1 | | self-generating customers, customers electing hourly pricing, |
2 | | or those customers who are otherwise ineligible for |
3 | | fixed-price bundled tariff service. For those customers that |
4 | | are excluded from the procurement plan's electric supply |
5 | | service requirements, and the utility shall procure any supply |
6 | | requirements, including capacity, ancillary services, and |
7 | | hourly priced energy, in the applicable markets as needed to |
8 | | serve those customers, provided that the utility may include |
9 | | in its procurement plan load requirements for the load that is |
10 | | associated with those retail customers whose service has been |
11 | | declared or deemed competitive pursuant to Section 16-113 of |
12 | | this Act to the extent that those customers are purchasing |
13 | | power and energy during one of the transition periods |
14 | | identified in subsection (b) of Section 16-113 of this Act. |
15 | | (b) A procurement plan shall be prepared for each electric |
16 | | utility consistent with the applicable requirements of the |
17 | | Illinois Power Agency Act and this Section. For purposes of |
18 | | this Section, Illinois electric utilities that are affiliated |
19 | | by virtue of a common parent company are considered to be a |
20 | | single electric utility. Small multi-jurisdictional utilities |
21 | | may request a procurement plan for a portion of or all of its |
22 | | Illinois load. Each procurement plan shall analyze the |
23 | | projected balance of supply and demand for those retail |
24 | | customers to be included in the plan's electric supply service |
25 | | requirements over a 5-year period, with the first planning |
26 | | year beginning on June 1 of the year following the year in |
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1 | | which the plan is filed. The plan shall specifically identify |
2 | | the wholesale products to be procured following plan approval, |
3 | | and shall follow all the requirements set forth in the Public |
4 | | Utilities Act and all applicable State and federal laws, |
5 | | statutes, rules, or regulations, as well as Commission orders. |
6 | | Nothing in this Section precludes consideration of contracts |
7 | | longer than 5 years and related forecast data. Unless |
8 | | specified otherwise in this Section, in the procurement plan |
9 | | or in the implementing tariff, any procurement occurring in |
10 | | accordance with this plan shall be competitively bid through a |
11 | | request for proposals process. Approval and implementation of |
12 | | the procurement plan shall be subject to review and approval |
13 | | by the Commission according to the provisions set forth in |
14 | | this Section. A procurement plan shall include each of the |
15 | | following components: |
16 | | (1) Hourly load analysis. This analysis shall include: |
17 | | (i) multi-year historical analysis of hourly |
18 | | loads; |
19 | | (ii) switching trends and competitive retail |
20 | | market analysis; |
21 | | (iii) known or projected changes to future loads; |
22 | | and |
23 | | (iv) growth forecasts by customer class. |
24 | | (2) Analysis of the impact of any demand side and |
25 | | renewable energy initiatives. This analysis shall include: |
26 | | (i) the impact of demand response programs and |
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1 | | energy efficiency programs, both current and |
2 | | projected; for small multi-jurisdictional utilities, |
3 | | the impact of demand response and energy efficiency |
4 | | programs approved pursuant to Section 8-408 of this |
5 | | Act, both current and projected; and |
6 | | (ii) supply side needs that are projected to be |
7 | | offset by purchases of renewable energy resources, if |
8 | | any. |
9 | | (3) A plan for meeting the expected load requirements |
10 | | that will not be met through preexisting contracts. This |
11 | | plan shall include: |
12 | | (i) definitions of the different Illinois retail |
13 | | customer classes for which supply is being purchased; |
14 | | (ii) the proposed mix of demand-response products |
15 | | for which contracts will be executed during the next |
16 | | year. For small multi-jurisdictional electric |
17 | | utilities that on December 31, 2005 served fewer than |
18 | | 100,000 customers in Illinois, these shall be defined |
19 | | as demand-response products offered in an energy |
20 | | efficiency plan approved pursuant to Section 8-408 of |
21 | | this Act. The cost-effective demand-response measures |
22 | | shall be procured whenever the cost is lower than |
23 | | procuring comparable capacity products, provided that |
24 | | such products shall: |
25 | | (A) be procured by a demand-response provider |
26 | | from those retail customers included in the plan's |
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1 | | electric supply service requirements; |
2 | | (B) at least satisfy the demand-response |
3 | | requirements of the regional transmission |
4 | | organization market in which the utility's service |
5 | | territory is located, including, but not limited |
6 | | to, any applicable capacity or dispatch |
7 | | requirements; |
8 | | (C) provide for customers' participation in |
9 | | the stream of benefits produced by the |
10 | | demand-response products; |
11 | | (D) provide for reimbursement by the |
12 | | demand-response provider of the utility for any |
13 | | costs incurred as a result of the failure of the |
14 | | supplier of such products to perform its |
15 | | obligations thereunder; and |
16 | | (E) meet the same credit requirements as apply |
17 | | to suppliers of capacity, in the applicable |
18 | | regional transmission organization market; |
19 | | (iii) monthly forecasted system supply |
20 | | requirements, including expected minimum, maximum, and |
21 | | average values for the planning period; |
22 | | (iv) the proposed mix and selection of standard |
23 | | wholesale products for which contracts will be |
24 | | executed during the next year, separately or in |
25 | | combination, to meet that portion of its load |
26 | | requirements not met through pre-existing contracts, |
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1 | | including but not limited to monthly 5 x 16 peak period |
2 | | block energy, monthly off-peak wrap energy, monthly 7 |
3 | | x 24 energy, annual 5 x 16 energy, other standardized |
4 | | energy or capacity products designed to provide |
5 | | eligible retail customer benefits from commercially |
6 | | deployed advanced technologies including but not |
7 | | limited to high voltage direct current converter |
8 | | stations, as such term is defined in Section 1-10 of |
9 | | the Illinois Power Agency Act, whether or not such |
10 | | product is currently available in wholesale markets, |
11 | | annual off-peak wrap energy, annual 7 x 24 energy, |
12 | | monthly capacity, annual capacity, peak load capacity |
13 | | obligations, capacity purchase plan, and ancillary |
14 | | services; |
15 | | (v) proposed term structures for each wholesale |
16 | | product type included in the proposed procurement plan |
17 | | portfolio of products; and |
18 | | (vi) an assessment of the price risk, load |
19 | | uncertainty, and other factors that are associated |
20 | | with the proposed procurement plan; this assessment, |
21 | | to the extent possible, shall include an analysis of |
22 | | the following factors: contract terms, time frames for |
23 | | securing products or services, fuel costs, weather |
24 | | patterns, transmission costs, market conditions, and |
25 | | the governmental regulatory environment; the proposed |
26 | | procurement plan shall also identify alternatives for |
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1 | | those portfolio measures that are identified as having |
2 | | significant price risk and mitigation in the form of |
3 | | additional retail customer and ratepayer price, |
4 | | reliability, and environmental benefits from |
5 | | standardized energy products delivered from |
6 | | commercially deployed advanced technologies, |
7 | | including, but not limited to, high voltage direct |
8 | | current converter stations, as such term is defined in |
9 | | Section 1-10 of the Illinois Power Agency Act, whether |
10 | | or not such product is currently available in |
11 | | wholesale markets . |
12 | | (4) Proposed procedures for balancing loads. The |
13 | | procurement plan shall include, for load requirements |
14 | | included in the procurement plan, the process for (i) |
15 | | hourly balancing of supply and demand and (ii) the |
16 | | criteria for portfolio re-balancing in the event of |
17 | | significant shifts in load. |
18 | | (5) Long-Term Renewable Resources Procurement Plan. |
19 | | The Agency shall prepare a long-term renewable resources |
20 | | procurement plan for the procurement of renewable energy |
21 | | credits under Sections 1-56 and 1-75 of the Illinois Power |
22 | | Agency Act for delivery beginning in the 2017 delivery |
23 | | year. |
24 | | (i) The initial long-term renewable resources |
25 | | procurement plan and all subsequent revisions shall be |
26 | | subject to review and approval by the Commission. For |
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1 | | the purposes of this Section, "delivery year" has the |
2 | | same meaning as in Section 1-10 of the Illinois Power |
3 | | Agency Act. For purposes of this Section, "Agency" |
4 | | shall mean the Illinois Power Agency. |
5 | | (ii) The long-term renewable resources planning |
6 | | process shall be conducted as follows: |
7 | | (A) Electric utilities shall provide a range |
8 | | of load forecasts to the Illinois Power Agency |
9 | | within 45 days of the Agency's request for |
10 | | forecasts, which request shall specify the length |
11 | | and conditions for the forecasts including, but |
12 | | not limited to, the quantity of distributed |
13 | | generation expected to be interconnected for each |
14 | | year. |
15 | | (B) The Agency shall publish for comment the |
16 | | initial long-term renewable resources procurement |
17 | | plan no later than 120 days after the effective |
18 | | date of this amendatory Act of the 99th General |
19 | | Assembly and shall review, and may revise, the |
20 | | plan at least every 2 years thereafter. To the |
21 | | extent practicable, the Agency shall review and |
22 | | propose any revisions to the long-term renewable |
23 | | energy resources procurement plan in conjunction |
24 | | with the Agency's other planning and approval |
25 | | processes conducted under this Section. The |
26 | | initial long-term renewable resources procurement |
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1 | | plan shall: |
2 | | (aa) Identify the procurement programs and |
3 | | competitive procurement events consistent with |
4 | | the applicable requirements of the Illinois |
5 | | Power Agency Act and shall be designed to |
6 | | achieve the goals set forth in subsection (c) |
7 | | of Section 1-75 of that Act. |
8 | | (bb) Include a schedule for procurements |
9 | | for renewable energy credits from |
10 | | utility-scale wind projects, utility-scale |
11 | | solar projects, and brownfield site |
12 | | photovoltaic projects consistent with |
13 | | subparagraph (G) of paragraph (1) of |
14 | | subsection (c) of Section 1-75 of the Illinois |
15 | | Power Agency Act. |
16 | | (cc) Identify the process whereby the |
17 | | Agency will submit to the Commission for |
18 | | review and approval the proposed contracts to |
19 | | implement the programs required by such plan. |
20 | | Copies of the initial long-term renewable |
21 | | resources procurement plan and all subsequent |
22 | | revisions shall be posted and made publicly |
23 | | available on the Agency's and Commission's |
24 | | websites, and copies shall also be provided to |
25 | | each affected electric utility. An affected |
26 | | utility and other interested parties shall have 45 |
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1 | | days following the date of posting to provide |
2 | | comment to the Agency on the initial long-term |
3 | | renewable resources procurement plan and all |
4 | | subsequent revisions. All comments submitted to |
5 | | the Agency shall be specific, supported by data or |
6 | | other detailed analyses, and, if objecting to all |
7 | | or a portion of the procurement plan, accompanied |
8 | | by specific alternative wording or proposals. All |
9 | | comments shall be posted on the Agency's and |
10 | | Commission's websites. During this 45-day comment |
11 | | period, the Agency shall hold at least one public |
12 | | hearing within each utility's service area that is |
13 | | subject to the requirements of this paragraph (5) |
14 | | for the purpose of receiving public comment. |
15 | | Within 21 days following the end of the 45-day |
16 | | review period, the Agency may revise the long-term |
17 | | renewable resources procurement plan based on the |
18 | | comments received and shall file the plan with the |
19 | | Commission for review and approval. |
20 | | (C) Within 14 days after the filing of the |
21 | | initial long-term renewable resources procurement |
22 | | plan or any subsequent revisions, any person |
23 | | objecting to the plan may file an objection with |
24 | | the Commission. Within 21 days after the filing of |
25 | | the plan, the Commission shall determine whether a |
26 | | hearing is necessary. The Commission shall enter |
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1 | | its order confirming or modifying the initial |
2 | | long-term renewable resources procurement plan or |
3 | | any subsequent revisions within 120 days after the |
4 | | filing of the plan by the Illinois Power Agency. |
5 | | (D) The Commission shall approve the initial |
6 | | long-term renewable resources procurement plan and |
7 | | any subsequent revisions, including expressly the |
8 | | forecast used in the plan and taking into account |
9 | | that funding will be limited to the amount of |
10 | | revenues actually collected by the utilities, if |
11 | | the Commission determines that the plan will |
12 | | reasonably and prudently accomplish the |
13 | | requirements of Section 1-56 and subsection (c) of |
14 | | Section 1-75 of the Illinois Power Agency Act. The |
15 | | Commission shall also approve the process for the |
16 | | submission, review, and approval of the proposed |
17 | | contracts to procure renewable energy credits or |
18 | | implement the programs authorized by the |
19 | | Commission pursuant to a long-term renewable |
20 | | resources procurement plan approved under this |
21 | | Section. |
22 | | In approving any long-term renewable resources |
23 | | procurement plan after the effective date of this |
24 | | amendatory Act of the 102nd General Assembly, the |
25 | | Commission shall approve or modify the Agency's |
26 | | proposal for minimum equity standards pursuant to |
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1 | | subsection (c-10) of Section 1-75 of the Illinois |
2 | | Power Agency Act. The Commission shall consider |
3 | | any analysis performed by the Agency in developing |
4 | | its proposal, including past performance, |
5 | | availability of equity eligible contractors, and |
6 | | availability of equity eligible persons at the |
7 | | time the long-term renewable resources procurement |
8 | | plan is approved. |
9 | | (iii) The Agency or third parties contracted by |
10 | | the Agency shall implement all programs authorized by |
11 | | the Commission in an approved long-term renewable |
12 | | resources procurement plan without further review and |
13 | | approval by the Commission. Third parties shall not |
14 | | begin implementing any programs or receive any payment |
15 | | under this Section until the Commission has approved |
16 | | the contract or contracts under the process authorized |
17 | | by the Commission in item (D) of subparagraph (ii) of |
18 | | paragraph (5) of this subsection (b) and the third |
19 | | party and the Agency or utility, as applicable, have |
20 | | executed the contract. For those renewable energy |
21 | | credits subject to procurement through a competitive |
22 | | bid process under the plan or under the initial |
23 | | forward procurements for wind and solar resources |
24 | | described in subparagraph (G) of paragraph (1) of |
25 | | subsection (c) of Section 1-75 of the Illinois Power |
26 | | Agency Act, the Agency shall follow the procurement |
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1 | | process specified in the provisions relating to |
2 | | electricity procurement in subsections (e) through (i) |
3 | | of this Section. |
4 | | (iv) An electric utility shall recover its costs |
5 | | associated with the procurement of renewable energy |
6 | | credits under this Section and pursuant to subsection |
7 | | (c-5) of Section 1-75 of the Illinois Power Agency Act |
8 | | through an automatic adjustment clause tariff under |
9 | | subsection (k) or a tariff pursuant to subsection |
10 | | (i-5), as applicable, of Section 16-108 of this Act. A |
11 | | utility shall not be required to advance any payment |
12 | | or pay any amounts under this Section that exceed the |
13 | | actual amount of revenues collected by the utility |
14 | | under paragraph (6) of subsection (c) of Section 1-75 |
15 | | of the Illinois Power Agency Act , subsection (c-5) of |
16 | | Section 1-75 of the Illinois Power Agency Act, and |
17 | | subsection (k) or subsection (i-5), as applicable, of |
18 | | Section 16-108 of this Act, and contracts executed |
19 | | under this Section shall expressly incorporate this |
20 | | limitation. |
21 | | (v) For the public interest, safety, and welfare, |
22 | | the Agency and the Commission may adopt rules to carry |
23 | | out the provisions of this Section on an emergency |
24 | | basis immediately following the effective date of this |
25 | | amendatory Act of the 99th General Assembly. |
26 | | (vi) On or before July 1 of each year, the |
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1 | | Commission shall hold an informal hearing for the |
2 | | purpose of receiving comments on the prior year's |
3 | | procurement process and any recommendations for |
4 | | change. |
5 | | (b-5) An electric utility that as of January 1, 2019 |
6 | | served more than 300,000 retail customers in this State shall |
7 | | purchase renewable energy credits from new renewable energy |
8 | | facilities constructed at or adjacent to the sites of |
9 | | coal-fueled electric generating facilities in this State in |
10 | | accordance with subsection (c-5) of Section 1-75 of the |
11 | | Illinois Power Agency Act. Except as expressly provided in |
12 | | this Section, the plans and procedures for such procurements |
13 | | shall not be included in the procurement plans provided for in |
14 | | this Section, but rather shall be conducted and implemented |
15 | | solely in accordance with subsection (c-5) of Section 1-75 of |
16 | | the Illinois Power Agency Act. |
17 | | (c) The provisions of this subsection (c) shall not apply |
18 | | to procurements conducted pursuant to subsection (c-5) of |
19 | | Section 1-75 of the Illinois Power Agency Act. However, the |
20 | | Agency may retain a procurement administrator to assist the |
21 | | Agency in planning and carrying out the procurement events and |
22 | | implementing the other requirements specified in such |
23 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency |
24 | | Act, with the costs incurred by the Agency for the procurement |
25 | | administrator to be recovered through fees charged to |
26 | | applicants for selection to sell and deliver renewable energy |
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1 | | credits to electric utilities pursuant to subsection (c-5) of |
2 | | Section 1-75 of the Illinois Power Agency Act. The procurement |
3 | | process set forth in Section 1-75 of the Illinois Power Agency |
4 | | Act and subsection (e) of this Section shall be administered |
5 | | by a procurement administrator and monitored by a procurement |
6 | | monitor. |
7 | | (1) The procurement administrator shall: |
8 | | (i) design the final procurement process in |
9 | | accordance with Section 1-75 of the Illinois Power |
10 | | Agency Act and subsection (e) of this Section |
11 | | following Commission approval of the procurement plan; |
12 | | (ii) develop benchmarks in accordance with |
13 | | subsection (e)(3) to be used to evaluate bids; these |
14 | | benchmarks shall be submitted to the Commission for |
15 | | review and approval on a confidential basis prior to |
16 | | the procurement event; |
17 | | (iii) serve as the interface between the electric |
18 | | utility and suppliers; |
19 | | (iv) manage the bidder pre-qualification and |
20 | | registration process; |
21 | | (v) obtain the electric utilities' agreement to |
22 | | the final form of all supply contracts and credit |
23 | | collateral agreements; |
24 | | (vi) administer the request for proposals process; |
25 | | (vii) have the discretion to negotiate to |
26 | | determine whether bidders are willing to lower the |
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1 | | price of bids that meet the benchmarks approved by the |
2 | | Commission; any post-bid negotiations with bidders |
3 | | shall be limited to price only and shall be completed |
4 | | within 24 hours after opening the sealed bids and |
5 | | shall be conducted in a fair and unbiased manner; in |
6 | | conducting the negotiations, there shall be no |
7 | | disclosure of any information derived from proposals |
8 | | submitted by competing bidders; if information is |
9 | | disclosed to any bidder, it shall be provided to all |
10 | | competing bidders; |
11 | | (viii) maintain confidentiality of supplier and |
12 | | bidding information in a manner consistent with all |
13 | | applicable laws, rules, regulations, and tariffs; |
14 | | (ix) submit a confidential report to the |
15 | | Commission recommending acceptance or rejection of |
16 | | bids; |
17 | | (x) notify the utility of contract counterparties |
18 | | and contract specifics; and |
19 | | (xi) administer related contingency procurement |
20 | | events. |
21 | | (2) The procurement monitor, who shall be retained by |
22 | | the Commission, shall: |
23 | | (i) monitor interactions among the procurement |
24 | | administrator, suppliers, and utility; |
25 | | (ii) monitor and report to the Commission on the |
26 | | progress of the procurement process; |
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1 | | (iii) provide an independent confidential report |
2 | | to the Commission regarding the results of the |
3 | | procurement event; |
4 | | (iv) assess compliance with the procurement plans |
5 | | approved by the Commission for each utility that on |
6 | | December 31, 2005 provided electric service to at |
7 | | least 100,000 customers in Illinois and for each small |
8 | | multi-jurisdictional utility that on December 31, 2005 |
9 | | served less than 100,000 customers in Illinois; |
10 | | (v) preserve the confidentiality of supplier and |
11 | | bidding information in a manner consistent with all |
12 | | applicable laws, rules, regulations, and tariffs; |
13 | | (vi) provide expert advice to the Commission and |
14 | | consult with the procurement administrator regarding |
15 | | issues related to procurement process design, rules, |
16 | | protocols, and policy-related matters; and |
17 | | (vii) consult with the procurement administrator |
18 | | regarding the development and use of benchmark |
19 | | criteria, standard form contracts, credit policies, |
20 | | and bid documents. |
21 | | (d) Except as provided in subsection (j), the planning |
22 | | process shall be conducted as follows: |
23 | | (1) Beginning in 2008, each Illinois utility procuring |
24 | | power pursuant to this Section shall annually provide a |
25 | | range of load forecasts to the Illinois Power Agency by |
26 | | July 15 of each year, or such other date as may be required |
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1 | | by the Commission or Agency. The load forecasts shall |
2 | | cover the 5-year procurement planning period for the next |
3 | | procurement plan and shall include hourly data |
4 | | representing a high-load, low-load, and expected-load |
5 | | scenario for the load of those retail customers included |
6 | | in the plan's electric supply service requirements. The |
7 | | utility shall provide supporting data and assumptions for |
8 | | each of the scenarios.
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9 | | (2) Beginning in 2008, the Illinois Power Agency shall |
10 | | prepare a procurement plan by August 15th of each year, or |
11 | | such other date as may be required by the Commission. The |
12 | | procurement plan shall identify the portfolio of |
13 | | demand-response and power and energy products to be |
14 | | procured. Cost-effective demand-response measures shall be |
15 | | procured as set forth in item (iii) of subsection (b) of |
16 | | this Section. Copies of the procurement plan shall be |
17 | | posted and made publicly available on the Agency's and |
18 | | Commission's websites, and copies shall also be provided |
19 | | to each affected electric utility. An affected utility |
20 | | shall have 30 days following the date of posting to |
21 | | provide comment to the Agency on the procurement plan. |
22 | | Other interested entities also may comment on the |
23 | | procurement plan. All comments submitted to the Agency |
24 | | shall be specific, supported by data or other detailed |
25 | | analyses, and, if objecting to all or a portion of the |
26 | | procurement plan, accompanied by specific alternative |
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1 | | wording or proposals. All comments shall be posted on the |
2 | | Agency's and Commission's websites. During this 30-day |
3 | | comment period, the Agency shall hold at least one public |
4 | | hearing within each utility's service area for the purpose |
5 | | of receiving public comment on the procurement plan. |
6 | | Within 14 days following the end of the 30-day review |
7 | | period, the Agency shall revise the procurement plan as |
8 | | necessary based on the comments received and file the |
9 | | procurement plan with the Commission and post the |
10 | | procurement plan on the websites. |
11 | | (3) Within 5 days after the filing of the procurement |
12 | | plan, any person objecting to the procurement plan shall |
13 | | file an objection with the Commission. Within 10 days |
14 | | after the filing, the Commission shall determine whether a |
15 | | hearing is necessary. The Commission shall enter its order |
16 | | confirming or modifying the procurement plan within 90 |
17 | | days after the filing of the procurement plan by the |
18 | | Illinois Power Agency. |
19 | | (4) The Commission shall approve the procurement plan, |
20 | | including expressly the forecast used in the procurement |
21 | | plan, if the Commission determines that it will ensure |
22 | | adequate, reliable, affordable, efficient, and |
23 | | environmentally sustainable electric service at the lowest |
24 | | total cost over time, taking into account any benefits of |
25 | | price stability. |
26 | | (4.5) The Commission shall review the Agency's |
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1 | | recommendations for the selection of applicants to enter |
2 | | into long-term contracts for the sale and delivery of |
3 | | renewable energy credits from new renewable energy |
4 | | facilities to be constructed at or adjacent to the sites |
5 | | of coal-fueled electric generating facilities in this |
6 | | State in accordance with the provisions of subsection |
7 | | (c-5) of Section 1-75 of the Illinois Power Agency Act, |
8 | | and shall approve the Agency's recommendations if the |
9 | | Commission determines that the applicants recommended by |
10 | | the Agency for selection, the proposed new renewable |
11 | | energy facilities to be constructed, the amounts of |
12 | | renewable energy credits to be delivered pursuant to the |
13 | | contracts, and the other terms of the contracts, are |
14 | | consistent with the requirements of subsection (c-5) of |
15 | | Section 1-75 of the Illinois Power Agency Act. |
16 | | (e) The procurement process shall include each of the |
17 | | following components: |
18 | | (1) Solicitation, pre-qualification, and registration |
19 | | of bidders. The procurement administrator shall |
20 | | disseminate information to potential bidders to promote a |
21 | | procurement event, notify potential bidders that the |
22 | | procurement administrator may enter into a post-bid price |
23 | | negotiation with bidders that meet the applicable |
24 | | benchmarks, provide supply requirements, and otherwise |
25 | | explain the competitive procurement process. In addition |
26 | | to such other publication as the procurement administrator |
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1 | | determines is appropriate, this information shall be |
2 | | posted on the Illinois Power Agency's and the Commission's |
3 | | websites. The procurement administrator shall also |
4 | | administer the prequalification process, including |
5 | | evaluation of credit worthiness, compliance with |
6 | | procurement rules, and agreement to the standard form |
7 | | contract developed pursuant to paragraph (2) of this |
8 | | subsection (e). The procurement administrator shall then |
9 | | identify and register bidders to participate in the |
10 | | procurement event. |
11 | | (2) Standard contract forms and credit terms and |
12 | | instruments. The procurement administrator, in |
13 | | consultation with the utilities, the Commission, and other |
14 | | interested parties and subject to Commission oversight, |
15 | | shall develop and provide standard contract forms for the |
16 | | supplier contracts that meet generally accepted industry |
17 | | practices. Standard credit terms and instruments that meet |
18 | | generally accepted industry practices shall be similarly |
19 | | developed. The procurement administrator shall make |
20 | | available to the Commission all written comments it |
21 | | receives on the contract forms, credit terms, or |
22 | | instruments. If the procurement administrator cannot reach |
23 | | agreement with the applicable electric utility as to the |
24 | | contract terms and conditions, the procurement |
25 | | administrator must notify the Commission of any disputed |
26 | | terms and the Commission shall resolve the dispute. The |
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1 | | terms of the contracts shall not be subject to negotiation |
2 | | by winning bidders, and the bidders must agree to the |
3 | | terms of the contract in advance so that winning bids are |
4 | | selected solely on the basis of price. |
5 | | (3) Establishment of a market-based price benchmark. |
6 | | As part of the development of the procurement process, the |
7 | | procurement administrator, in consultation with the |
8 | | Commission staff, Agency staff, and the procurement |
9 | | monitor, shall establish benchmarks for evaluating the |
10 | | final prices in the contracts for each of the products |
11 | | that will be procured through the procurement process. The |
12 | | benchmarks shall be based on price data for similar |
13 | | products for the same delivery period and same delivery |
14 | | hub, or other delivery hubs after adjusting for that |
15 | | difference. The price benchmarks may also be adjusted to |
16 | | take into account differences between the information |
17 | | reflected in the underlying data sources and the specific |
18 | | products and procurement process being used to procure |
19 | | power for the Illinois utilities. The benchmarks shall be |
20 | | confidential but shall be provided to, and will be subject |
21 | | to Commission review and approval, prior to a procurement |
22 | | event. |
23 | | (4) Request for proposals competitive procurement |
24 | | process. The procurement administrator shall design and |
25 | | issue a request for proposals to supply electricity in |
26 | | accordance with each utility's procurement plan, as |
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1 | | approved by the Commission. The request for proposals |
2 | | shall set forth a procedure for sealed, binding commitment |
3 | | bidding with pay-as-bid settlement, and provision for |
4 | | selection of bids on the basis of price. |
5 | | (5) A plan for implementing contingencies in the event |
6 | | of supplier default or failure of the procurement process |
7 | | to fully meet the expected load requirement due to |
8 | | insufficient supplier participation, Commission rejection |
9 | | of results, or any other cause. |
10 | | (i) Event of supplier default: In the event of |
11 | | supplier default, the utility shall review the |
12 | | contract of the defaulting supplier to determine if |
13 | | the amount of supply is 200 megawatts or greater, and |
14 | | if there are more than 60 days remaining of the |
15 | | contract term. If both of these conditions are met, |
16 | | and the default results in termination of the |
17 | | contract, the utility shall immediately notify the |
18 | | Illinois Power Agency that a request for proposals |
19 | | must be issued to procure replacement power, and the |
20 | | procurement administrator shall run an additional |
21 | | procurement event. If the contracted supply of the |
22 | | defaulting supplier is less than 200 megawatts or |
23 | | there are less than 60 days remaining of the contract |
24 | | term, the utility shall procure power and energy from |
25 | | the applicable regional transmission organization |
26 | | market, including ancillary services, capacity, and |
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1 | | day-ahead or real time energy, or both, for the |
2 | | duration of the contract term to replace the |
3 | | contracted supply; provided, however, that if a needed |
4 | | product is not available through the regional |
5 | | transmission organization market it shall be purchased |
6 | | from the wholesale market. |
7 | | (ii) Failure of the procurement process to fully |
8 | | meet the expected load requirement: If the procurement |
9 | | process fails to fully meet the expected load |
10 | | requirement due to insufficient supplier participation |
11 | | or due to a Commission rejection of the procurement |
12 | | results, the procurement administrator, the |
13 | | procurement monitor, and the Commission staff shall |
14 | | meet within 10 days to analyze potential causes of low |
15 | | supplier interest or causes for the Commission |
16 | | decision. If changes are identified that would likely |
17 | | result in increased supplier participation, or that |
18 | | would address concerns causing the Commission to |
19 | | reject the results of the prior procurement event, the |
20 | | procurement administrator may implement those changes |
21 | | and rerun the request for proposals process according |
22 | | to a schedule determined by those parties and |
23 | | consistent with Section 1-75 of the Illinois Power |
24 | | Agency Act and this subsection. In any event, a new |
25 | | request for proposals process shall be implemented by |
26 | | the procurement administrator within 90 days after the |
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1 | | determination that the procurement process has failed |
2 | | to fully meet the expected load requirement. |
3 | | (iii) In all cases where there is insufficient |
4 | | supply provided under contracts awarded through the |
5 | | procurement process to fully meet the electric |
6 | | utility's load requirement, the utility shall meet the |
7 | | load requirement by procuring power and energy from |
8 | | the applicable regional transmission organization |
9 | | market, including ancillary services, capacity, and |
10 | | day-ahead or real time energy, or both; provided, |
11 | | however, that if a needed product is not available |
12 | | through the regional transmission organization market |
13 | | it shall be purchased from the wholesale market. |
14 | | (6) The procurement processes process described in |
15 | | this subsection and in subsection (c-5) of Section 1-75 of |
16 | | the Illinois Power Agency Act are is exempt from the |
17 | | requirements of the Illinois Procurement Code, pursuant to |
18 | | Section 20-10 of that Code. |
19 | | (f) Within 2 business days after opening the sealed bids, |
20 | | the procurement administrator shall submit a confidential |
21 | | report to the Commission. The report shall contain the results |
22 | | of the bidding for each of the products along with the |
23 | | procurement administrator's recommendation for the acceptance |
24 | | and rejection of bids based on the price benchmark criteria |
25 | | and other factors observed in the process. The procurement |
26 | | monitor also shall submit a confidential report to the |
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1 | | Commission within 2 business days after opening the sealed |
2 | | bids. The report shall contain the procurement monitor's |
3 | | assessment of bidder behavior in the process as well as an |
4 | | assessment of the procurement administrator's compliance with |
5 | | the procurement process and rules. The Commission shall review |
6 | | the confidential reports submitted by the procurement |
7 | | administrator and procurement monitor, and shall accept or |
8 | | reject the recommendations of the procurement administrator |
9 | | within 2 business days after receipt of the reports. |
10 | | (g) Within 3 business days after the Commission decision |
11 | | approving the results of a procurement event, the utility |
12 | | shall enter into binding contractual arrangements with the |
13 | | winning suppliers using the standard form contracts; except |
14 | | that the utility shall not be required either directly or |
15 | | indirectly to execute the contracts if a tariff that is |
16 | | consistent with subsection (l) of this Section has not been |
17 | | approved and placed into effect for that utility. |
18 | | (h) For the procurement of standard wholesale products, |
19 | | the names of the successful bidders and the load weighted |
20 | | average of the winning bid prices for each contract type and |
21 | | for each contract term shall be made available to the public at |
22 | | the time of Commission approval of a procurement event. For |
23 | | procurements conducted to meet the requirements of subsection |
24 | | (b) of Section 1-56 or subsection (c) of Section 1-75 of the |
25 | | Illinois Power Agency Act governed by the provisions of this |
26 | | Section, the address and nameplate capacity of the new |
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1 | | renewable energy generating facility proposed by a winning |
2 | | bidder shall also be made available to the public at the time |
3 | | of Commission approval of a procurement event, along with the |
4 | | business address and contact information for any winning |
5 | | bidder. An estimate or approximation of the nameplate capacity |
6 | | of the new renewable energy generating facility may be |
7 | | disclosed if necessary to protect the confidentiality of |
8 | | individual bid prices. |
9 | | The Commission, the procurement monitor, the procurement |
10 | | administrator, the Illinois Power Agency, and all participants |
11 | | in the procurement process shall maintain the confidentiality |
12 | | of all other supplier and bidding information in a manner |
13 | | consistent with all applicable laws, rules, regulations, and |
14 | | tariffs. Confidential information, including the confidential |
15 | | reports submitted by the procurement administrator and |
16 | | procurement monitor pursuant to subsection (f) of this |
17 | | Section, shall not be made publicly available and shall not be |
18 | | discoverable by any party in any proceeding, absent a |
19 | | compelling demonstration of need, nor shall those reports be |
20 | | admissible in any proceeding other than one for law |
21 | | enforcement purposes. The names of the successful bidders and |
22 | | the load weighted average of the winning bid prices for each |
23 | | contract type and for each contract term shall be made |
24 | | available to the public at the time of Commission approval of a |
25 | | procurement event. The Commission, the procurement monitor, |
26 | | the procurement administrator, the Illinois Power Agency, and |
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| | SB2408 Enrolled | - 889 - | LRB102 11366 BMS 16699 b |
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1 | | all participants in the procurement process shall maintain the |
2 | | confidentiality of all other supplier and bidding information |
3 | | in a manner consistent with all applicable laws, rules, |
4 | | regulations, and tariffs. Confidential information, including |
5 | | the confidential reports submitted by the procurement |
6 | | administrator and procurement monitor pursuant to subsection |
7 | | (f) of this Section, shall not be made publicly available and |
8 | | shall not be discoverable by any party in any proceeding, |
9 | | absent a compelling demonstration of need, nor shall those |
10 | | reports be admissible in any proceeding other than one for law |
11 | | enforcement purposes. |
12 | | (i) Within 2 business days after a Commission decision |
13 | | approving the results of a procurement event or such other |
14 | | date as may be required by the Commission from time to time, |
15 | | the utility shall file for informational purposes with the |
16 | | Commission its actual or estimated retail supply charges, as |
17 | | applicable, by customer supply group reflecting the costs |
18 | | associated with the procurement and computed in accordance |
19 | | with the tariffs filed pursuant to subsection (l) of this |
20 | | Section and approved by the Commission. |
21 | | (j) Within 60 days following August 28, 2007 (the |
22 | | effective date of Public Act 95-481), each electric utility |
23 | | that on December 31, 2005 provided electric service to at |
24 | | least 100,000 customers in Illinois shall prepare and file |
25 | | with the Commission an initial procurement plan, which shall |
26 | | conform in all material respects to the requirements of the |
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1 | | procurement plan set forth in subsection (b); provided, |
2 | | however, that the Illinois Power Agency Act shall not apply to |
3 | | the initial procurement plan prepared pursuant to this |
4 | | subsection. The initial procurement plan shall identify the |
5 | | portfolio of power and energy products to be procured and |
6 | | delivered for the period June 2008 through May 2009, and shall |
7 | | identify the proposed procurement administrator, who shall |
8 | | have the same experience and expertise as is required of a |
9 | | procurement administrator hired pursuant to Section 1-75 of |
10 | | the Illinois Power Agency Act. Copies of the procurement plan |
11 | | shall be posted and made publicly available on the |
12 | | Commission's website. The initial procurement plan may include |
13 | | contracts for renewable resources that extend beyond May 2009. |
14 | | (i) Within 14 days following filing of the initial |
15 | | procurement plan, any person may file a detailed objection |
16 | | with the Commission contesting the procurement plan |
17 | | submitted by the electric utility. All objections to the |
18 | | electric utility's plan shall be specific, supported by |
19 | | data or other detailed analyses. The electric utility may |
20 | | file a response to any objections to its procurement plan |
21 | | within 7 days after the date objections are due to be |
22 | | filed. Within 7 days after the date the utility's response |
23 | | is due, the Commission shall determine whether a hearing |
24 | | is necessary. If it determines that a hearing is |
25 | | necessary, it shall require the hearing to be completed |
26 | | and issue an order on the procurement plan within 60 days |
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1 | | after the filing of the procurement plan by the electric |
2 | | utility. |
3 | | (ii) The order shall approve or modify the procurement |
4 | | plan, approve an independent procurement administrator, |
5 | | and approve or modify the electric utility's tariffs that |
6 | | are proposed with the initial procurement plan. The |
7 | | Commission shall approve the procurement plan if the |
8 | | Commission determines that it will ensure adequate, |
9 | | reliable, affordable, efficient, and environmentally |
10 | | sustainable electric service at the lowest total cost over |
11 | | time, taking into account any benefits of price stability. |
12 | | (k) (Blank). |
13 | | (k-5) (Blank). |
14 | | (l) An electric utility shall recover its costs incurred |
15 | | under this Section and subsection (c-5) of Section 1-75 of the |
16 | | Illinois Power Agency Act , including, but not limited to, the |
17 | | costs of procuring power and energy demand-response resources |
18 | | under this Section and its costs for purchasing renewable |
19 | | energy credits pursuant to subsection (c-5) of Section 1-75 of |
20 | | the Illinois Power Agency Act . The utility shall file with the |
21 | | initial procurement plan its proposed tariffs through which |
22 | | its costs of procuring power that are incurred pursuant to a |
23 | | Commission-approved procurement plan and those other costs |
24 | | identified in this subsection (l), will be recovered. The |
25 | | tariffs shall include a formula rate or charge designed to |
26 | | pass through both the costs incurred by the utility in |
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1 | | procuring a supply of electric power and energy for the |
2 | | applicable customer classes with no mark-up or return on the |
3 | | price paid by the utility for that supply, plus any just and |
4 | | reasonable costs that the utility incurs in arranging and |
5 | | providing for the supply of electric power and energy. The |
6 | | formula rate or charge shall also contain provisions that |
7 | | ensure that its application does not result in over or under |
8 | | recovery due to changes in customer usage and demand patterns, |
9 | | and that provide for the correction, on at least an annual |
10 | | basis, of any accounting errors that may occur. A utility |
11 | | shall recover through the tariff all reasonable costs incurred |
12 | | to implement or comply with any procurement plan that is |
13 | | developed and put into effect pursuant to Section 1-75 of the |
14 | | Illinois Power Agency Act and this Section, and for the |
15 | | procurement of renewable energy credits pursuant to subsection |
16 | | (c-5) of Section 1-75 of the Illinois Power Agency Act, |
17 | | including any fees assessed by the Illinois Power Agency, |
18 | | costs associated with load balancing, and contingency plan |
19 | | costs. The electric utility shall also recover its full costs |
20 | | of procuring electric supply for which it contracted before |
21 | | the effective date of this Section in conjunction with the |
22 | | provision of full requirements service under fixed-price |
23 | | bundled service tariffs subsequent to December 31, 2006. All |
24 | | such costs shall be deemed to have been prudently incurred. |
25 | | The pass-through tariffs that are filed and approved pursuant |
26 | | to this Section shall not be subject to review under, or in any |
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1 | | way limited by, Section 16-111(i) of this Act. All of the costs |
2 | | incurred by the electric utility associated with the purchase |
3 | | of zero emission credits in accordance with subsection (d-5) |
4 | | of Section 1-75 of the Illinois Power Agency Act , all costs |
5 | | incurred by the electric utility associated with the purchase |
6 | | of carbon mitigation credits in accordance with subsection |
7 | | (d-10) of Section 1-75 of the Illinois Power Agency Act, and, |
8 | | beginning June 1, 2017, all of the costs incurred by the |
9 | | electric utility associated with the purchase of renewable |
10 | | energy resources in accordance with Sections 1-56 and 1-75 of |
11 | | the Illinois Power Agency Act, and all of the costs incurred by |
12 | | the electric utility in purchasing renewable energy credits in |
13 | | accordance with subsection (c-5) of Section 1-75 of the |
14 | | Illinois Power Agency Act, shall be recovered through the |
15 | | electric utility's tariffed charges applicable to all of its |
16 | | retail customers, as specified in subsection (k) or subsection |
17 | | (i-5), as applicable, of Section 16-108 of this Act, and shall |
18 | | not be recovered through the electric utility's tariffed |
19 | | charges for electric power and energy supply to its eligible |
20 | | retail customers. |
21 | | (m) The Commission has the authority to adopt rules to |
22 | | carry out the provisions of this Section. For the public |
23 | | interest, safety, and welfare, the Commission also has |
24 | | authority to adopt rules to carry out the provisions of this |
25 | | Section on an emergency basis immediately following August 28, |
26 | | 2007 (the effective date of Public Act 95-481). |
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1 | | (n) Notwithstanding any other provision of this Act, any |
2 | | affiliated electric utilities that submit a single procurement |
3 | | plan covering their combined needs may procure for those |
4 | | combined needs in conjunction with that plan, and may enter |
5 | | jointly into power supply contracts, purchases, and other |
6 | | procurement arrangements, and allocate capacity and energy and |
7 | | cost responsibility therefor among themselves in proportion to |
8 | | their requirements. |
9 | | (o) On or before June 1 of each year, the Commission shall |
10 | | hold an informal hearing for the purpose of receiving comments |
11 | | on the prior year's procurement process and any |
12 | | recommendations for change.
|
13 | | (p) An electric utility subject to this Section may |
14 | | propose to invest, lease, own, or operate an electric |
15 | | generation facility as part of its procurement plan, provided |
16 | | the utility demonstrates that such facility is the least-cost |
17 | | option to provide electric service to those retail customers |
18 | | included in the plan's electric supply service requirements. |
19 | | If the facility is shown to be the least-cost option and is |
20 | | included in a procurement plan prepared in accordance with |
21 | | Section 1-75 of the Illinois Power Agency Act and this |
22 | | Section, then the electric utility shall make a filing |
23 | | pursuant to Section 8-406 of this Act, and may request of the |
24 | | Commission any statutory relief required thereunder. If the |
25 | | Commission grants all of the necessary approvals for the |
26 | | proposed facility, such supply shall thereafter be considered |
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1 | | as a pre-existing contract under subsection (b) of this |
2 | | Section. The Commission shall in any order approving a |
3 | | proposal under this subsection specify how the utility will |
4 | | recover the prudently incurred costs of investing in, leasing, |
5 | | owning, or operating such generation facility through just and |
6 | | reasonable rates charged to those retail customers included in |
7 | | the plan's electric supply service requirements. Cost recovery |
8 | | for facilities included in the utility's procurement plan |
9 | | pursuant to this subsection shall not be subject to review |
10 | | under or in any way limited by the provisions of Section |
11 | | 16-111(i) of this Act. Nothing in this Section is intended to |
12 | | prohibit a utility from filing for a fuel adjustment clause as |
13 | | is otherwise permitted under Section 9-220 of this Act.
|
14 | | (q) If the Illinois Power Agency filed with the |
15 | | Commission, under Section 16-111.5 of this Act, its proposed |
16 | | procurement plan for the period commencing June 1, 2017, and |
17 | | the Commission has not yet entered its final order approving |
18 | | the plan on or before the effective date of this amendatory Act |
19 | | of the 99th General Assembly, then the Illinois Power Agency |
20 | | shall file a notice of withdrawal with the Commission, after |
21 | | the effective date of this amendatory Act of the 99th General |
22 | | Assembly, to withdraw the proposed procurement of renewable |
23 | | energy resources to be approved under the plan, other than the |
24 | | procurement of renewable energy credits from distributed |
25 | | renewable energy generation devices using funds previously |
26 | | collected from electric utilities' retail customers that take |
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1 | | service pursuant to electric utilities' hourly pricing tariff |
2 | | or tariffs and, for an electric utility that serves less than |
3 | | 100,000 retail customers in the State, other than the |
4 | | procurement of renewable energy credits from distributed |
5 | | renewable energy generation devices. Upon receipt of the |
6 | | notice, the Commission shall enter an order that approves the |
7 | | withdrawal of the proposed procurement of renewable energy |
8 | | resources from the plan. The initially proposed procurement of |
9 | | renewable energy resources shall not be approved or be the |
10 | | subject of any further hearing, investigation, proceeding, or |
11 | | order of any kind. |
12 | | This amendatory Act of the 99th General Assembly preempts |
13 | | and supersedes any order entered by the Commission that |
14 | | approved the Illinois Power Agency's procurement plan for the |
15 | | period commencing June 1, 2017, to the extent it is |
16 | | inconsistent with the provisions of this amendatory Act of the |
17 | | 99th General Assembly. To the extent any previously entered |
18 | | order approved the procurement of renewable energy resources, |
19 | | the portion of that order approving the procurement shall be |
20 | | void, other than the procurement of renewable energy credits |
21 | | from distributed renewable energy generation devices using |
22 | | funds previously collected from electric utilities' retail |
23 | | customers that take service under electric utilities' hourly |
24 | | pricing tariff or tariffs and, for an electric utility that |
25 | | serves less than 100,000 retail customers in the State, other |
26 | | than the procurement of renewable energy credits for |
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| | SB2408 Enrolled | - 897 - | LRB102 11366 BMS 16699 b |
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1 | | distributed renewable energy generation devices. |
2 | | (Source: P.A. 99-906, eff. 6-1-17 .) |
3 | | (220 ILCS 5/16-111.10 new) |
4 | | Sec. 16-111.10. Equitable Energy Upgrade Program. |
5 | | (a) The General Assembly finds and declares that Illinois |
6 | | homes and businesses can contribute to the creation of a clean |
7 | | energy economy, conservation of natural resources, and |
8 | | reliability of the electricity grid through the installation |
9 | | of cost-effective renewable energy generation, energy |
10 | | efficiency and demand response equipment, and energy storage |
11 | | systems. Further, a large portion of Illinois residents and |
12 | | businesses that would benefit from the installation of energy |
13 | | efficiency, storage, and renewable energy generation systems |
14 | | are unable to purchase systems due to capital or credit |
15 | | barriers. This State should pursue options to enable many more |
16 | | Illinoisans to access the health, environmental, and financial |
17 | | benefits of new clean energy technology. |
18 | | (b) As used in this Section: |
19 | | "Commission" means the Illinois Commerce Commission. |
20 | | "Energy project" means renewable energy generation |
21 | | systems, including solar projects, energy efficiency upgrades, |
22 | | energy storage systems, demand response equipment, or any |
23 | | combination thereof. |
24 | | "Fund" means the Clean Energy Jobs and Justice Fund |
25 | | established in the Clean Energy Jobs and Justice Fund
Act. |
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| | SB2408 Enrolled | - 898 - | LRB102 11366 BMS 16699 b |
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1 | | "Program" means the Equitable Energy Upgrade Program |
2 | | established under subsection (c). |
3 | | "Utility" means electric public utilities providing |
4 | | services to 500,000 or more customers under this Act. |
5 | | (c) The Commission shall open an investigation into and |
6 | | direct all electric public utilities in this State to adopt an |
7 | | Equitable Energy Upgrade Program that permits customers to |
8 | | finance the construction of energy projects through an |
9 | | optional tariff payable directly through their utility bill, |
10 | | modeled after the Pay As You Save system, developed by the |
11 | | Energy Efficiency Institute. The Program model shall enable |
12 | | utilities to offer to make investments in energy projects to |
13 | | customer properties with low-cost capital and use an opt-in |
14 | | tariff to recover the costs. The Program shall be designed to |
15 | | provide customers with immediate financial savings if they |
16 | | choose to participate. The Program shall allow residential |
17 | | electric utility customers that own the property, or renters |
18 | | that have permission of the property owner, for which they |
19 | | subscribe to utility service to agree to the installation of |
20 | | an energy project. The Program shall ensure: |
21 | | (1) eligible projects do not require upfront payments; |
22 | | however, customers may pay down the costs for projects |
23 | | with a payment to the installing contractor in order to |
24 | | qualify projects that would otherwise require upfront |
25 | | payments; |
26 | | (2) eligible projects have sufficient estimated |
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1 | | savings and estimated life span to produce significant, |
2 | | immediate net savings; |
3 | | (3) participants shall agree the utility can recover |
4 | | its costs for the projects at their location by paying for |
5 | | the project through an optional tariff directly through |
6 | | the participant's electricity bill, allowing participants |
7 | | to benefit from installation of energy projects without |
8 | | traditional loans; |
9 | | (4) accessibility by lower-income residents and |
10 | | environmental justice community residents; and |
11 | | (5) the utility must ensure that customers who are |
12 | | interested in participating are notified that if they are |
13 | | income qualified, they may also be eligible for the |
14 | | Percentage of Income Payment Plan program and free energy |
15 | | improvements through other programs and provide contact |
16 | | information. |
17 | | (d) The Commission shall establish Program guidelines with |
18 | | the anticipated schedule of Program availability as follows: |
19 | | (1) Year 1: Beginning in the first year of operation, |
20 | | each utility with greater than 100,000 retail customers is |
21 | | required to obtain low-cost capital of at least |
22 | | $20,000,000 annually for investments in energy projects. |
23 | | (2) Year 2: Beginning in the second year of operation, |
24 | | each utility with greater than 100,000 retail customers is |
25 | | required to obtain low-cost capital for investments in |
26 | | energy projects of at least $40,000,000 annually. |
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1 | | (3) Year 3: Beginning in the third year of operation, |
2 | | each utility with greater than 100,000 retail customers is |
3 | | required to obtain low-cost capital for investments in as |
4 | | many systems as customers demand, subject to available |
5 | | capital provided by the utility, State, or other lenders. |
6 | | (e) In the design of the Program, the Commission shall: |
7 | | (1) Within 270 days after the effective date of this |
8 | | amendatory Act of the 102nd General Assembly, convene a
|
9 | | workshop during which interested participants may discuss |
10 | | issues and submit comments related to the Program. |
11 | | (2) Establish Program guidelines for implementation of |
12 | | the Program in accordance with the Pay As You Save |
13 | | Essential Elements and Minimum Program Requirements that |
14 | | electric utilities must abide by when implementing the |
15 | | Program. Program guidelines established by the Commission |
16 | | shall include the following elements: |
17 | | (A) The Commission shall establish conditions |
18 | | under which utilities secure capital to fund the |
19 | | energy projects. The Commission may allow utilities to |
20 | | raise capital independently, work with third-party |
21 | | lenders to secure the capital for participants, or a |
22 | | combination thereof. Any process the Commission |
23 | | approves must use a market mechanism to identify the |
24 | | least costly sources of capital funds so as to pass on |
25 | | maximum savings to participants. The State or the |
26 | | Clean Energy Jobs and Justice Fund may also provide |
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1 | | capital for the Program. |
2 | | (B) Customer protection guidelines should be |
3 | | designed consistent with Pay As You Save Essential |
4 | | Elements and Minimum Program Requirements. |
5 | | (C) The Commission shall establish conditions by |
6 | | which utilities may connect Program participants to |
7 | | energy project vendors. In setting conditions for |
8 | | connection, the Commission may prioritize vendors that |
9 | | have a history of good relations with the State, |
10 | | including vendors that have hired participants from |
11 | | State-created job training programs. |
12 | | (D) Guarantee that conservative estimates of |
13 | | financial savings will immediately and significantly |
14 | | exceed Program costs for Program participants. |
15 | | (f) Within 120 days after the Commission releases the |
16 | | Program conditions established under this Section, each |
17 | | utility subject to the requirements of this Section shall |
18 | | submit an informational filing to the Commission that |
19 | | describes its plan for implementing the provisions of this |
20 | | Section. If the Commission finds that the submission does not |
21 | | properly comply with the statutory or regulatory requirements |
22 | | of the Program, the Commission may require that the utility |
23 | | make modifications to its filing. |
24 | | (g) An independent process evaluation shall be conducted |
25 | | after one year of the Program's operation. An independent |
26 | | impact evaluation shall be conducted after 3 years of |
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1 | | operation, excluding one-time startup costs and results from |
2 | | the first 12 months of the Program. The Commission shall |
3 | | convene an advisory council of stakeholders, including |
4 | | representation of low-income and environmental justice |
5 | | community members to make recommendations in response to the |
6 | | findings of the independent evaluation. |
7 | | (h) The Program shall be designed using the Pay As You Save |
8 | | system guidelines to be cost-effective for customers. Only |
9 | | projects that are deemed to be cost-effective and can be |
10 | | reasonably expected to ensure customer savings are eligible |
11 | | for funding through the Program, unless, as specified in |
12 | | paragraph (1) of subsection (c), customers able to make |
13 | | upfront copayments to installers buy down the cost of projects |
14 | | so it can be deemed cost-effective. |
15 | | (i) Eligible customers must be: |
16 | | (1) property renters with permission of the property |
17 | | owner; or |
18 | | (2) property owners. |
19 | | (j) The calculation of project cost-effectiveness shall be |
20 | | based upon the Pay As You Save system requirements. |
21 | | (1) The calculation of cost-effectiveness must be |
22 | | conducted by an objective process approved by the |
23 | | Commission and based on rates in effect at the time of |
24 | | installation. |
25 | | (2) A project shall be considered cost-effective only |
26 | | if it is estimated to produce significant immediate net |
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| | SB2408 Enrolled | - 903 - | LRB102 11366 BMS 16699 b |
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1 | | savings, not counting copayments voluntarily made by |
2 | | customers. The Commission may establish guidelines by |
3 | | which this required savings is estimated. |
4 | | (k) The Program should be modeled after the Pay As You Save |
5 | | system, by which Program participants finance energy projects |
6 | | using the savings that the energy project creates with a |
7 | | tariffed on-bill program. Eligible projects shall not create |
8 | | personal debt for the customer, result in a lien in the event |
9 | | of nonpayment, or require customers to pay monthly charges for |
10 | | any upgrade that fails and is not repaired within 21 days. The |
11 | | utility may restart charges once the upgrade is repaired and |
12 | | functioning and extend the term of payments to recover its |
13 | | costs for missed payments and deferred cost recovery, |
14 | | providing the upgrade continues to function. |
15 | | (l) Any energy project that is defective or damaged due to |
16 | | no fault of the participant must be either replaced or |
17 | | repaired with parts that meet industry standards at the cost |
18 | | of the utility or vendor, as specified by the Commission, and |
19 | | charges shall be suspended until repairs or replacement is |
20 | | completed. The Commission may establish, increase, or replace |
21 | | the requirements imposed in this subsection. The Commission |
22 | | may determine that this responsibility is best handled by |
23 | | participating project vendors in the form of insurance, |
24 | | contractual guarantees, or other mechanisms, and issue rules |
25 | | detailing this requirement. Customers shall not be charged |
26 | | monthly payments for upgrades that are no longer functioning. |
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| | SB2408 Enrolled | - 904 - | LRB102 11366 BMS 16699 b |
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1 | | (m) In the event of nonpayment, the remaining balance due |
2 | | to pay off the system shall remain with the utility meter at an |
3 | | upgraded location. The Commission shall establish conditions |
4 | | subject to this constraint in the event of nonpayment that are |
5 | | in accordance with the Pay As You Save system. |
6 | | (n) If the demand by utility customers exceeds the Program |
7 | | capital supply in a given year, utilities shall ensure that |
8 | | 50% of participants are: |
9 | | (1) customers in neighborhoods where a majority of |
10 | | households make 150% or less of area median income; or |
11 | | (2) residents of environmental justice communities. |
12 | | (o) Utilities shall endeavor to inform customers about the |
13 | | availability of the Program, their potential eligibility for |
14 | | participation in the Program, and whether they are likely to |
15 | | save money on the basis of an estimate conducted using |
16 | | variables consistent with the Program that the utility has at |
17 | | its disposal. The Commission may establish guidelines by which |
18 | | utilities must abide by this directive and alternatives if the |
19 | | Commission deems utilities' efforts as inadequate. |
20 | | (p) Subject to Commission specifications under subsection |
21 | | (c), each utility shall work with certified project vendors |
22 | | selected using a request for proposals process to establish |
23 | | the terms and processes under which a utility can install |
24 | | eligible renewable energy generation and energy storage |
25 | | systems using the capital to fit the Equitable Energy Upgrade |
26 | | model. The certified project vendor shall explain and offer |
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| | SB2408 Enrolled | - 905 - | LRB102 11366 BMS 16699 b |
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1 | | the approved upgrades to customers and shall assist customers |
2 | | in applying for financing through the Program. As part of the |
3 | | process, vendors shall also provide participants with |
4 | | information about any other relevant incentives that may be |
5 | | available. |
6 | | (q) An electric utility shall recover all of the prudently |
7 | | incurred costs of offering a program approved by the |
8 | | Commission under this Section. For investor-owned utilities, |
9 | | shareholder incentives will be proportional to meeting |
10 | | Commission approved thresholds for the number of customers |
11 | | served and the amount of its investments in those locations. |
12 | | (r) The Commission shall adopt all rules necessary for the |
13 | | administration of this Section.
|
14 | | (220 ILCS 5/16-127)
|
15 | | Sec. 16-127. Environmental disclosure.
|
16 | | (a) Every Effective January 1, 2013, every electric |
17 | | utility and
alternative retail electric supplier shall provide |
18 | | the
following information, to the maximum extent practicable, |
19 | | to its customers on a quarterly basis:
|
20 | | (i) the known sources of electricity supplied,
|
21 | | broken-out by percentages, of biomass power, coal-fired
|
22 | | power, hydro power, natural gas-fired power, nuclear
|
23 | | power, oil-fired power, solar power, wind power and other
|
24 | | resources, respectively;
|
25 | | (ii) a pie chart that graphically depicts the
|
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| | SB2408 Enrolled | - 906 - | LRB102 11366 BMS 16699 b |
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1 | | percentages of the sources of the electricity supplied as
|
2 | | set forth in subparagraph (i) of this subsection;
|
3 | | (iii) a pie chart that graphically depicts the |
4 | | quantity of renewable energy resources procured pursuant |
5 | | to Section 1-75 of the Illinois Power Agency Act as a |
6 | | percentage of electricity supplied to serve eligible |
7 | | retail customers as defined in Section 16-111.5(a) of this |
8 | | Act; and |
9 | | (iv) after May, 31, 2017, a pie chart that graphically |
10 | | depicts the quantity of zero emission credits from zero |
11 | | emission facilities procured under Section 1-75 of the |
12 | | Illinois Power Agency Act as a percentage of the actual |
13 | | load of retail customers within its service area and, for |
14 | | an electric utility serving over 3,000,000 customers, the |
15 | | quantity of carbon mitigation credits from carbon-free |
16 | | energy resources procured under Section 1-75 of the |
17 | | Illinois Power Agency Act, which may be depicted in |
18 | | combination with the zero emission credits procured .
|
19 | | (b) In addition, every electric utility and alternative
|
20 | | retail electric supplier shall provide, to the maximum extent
|
21 | | practicable, to its customers on a quarterly
basis, a |
22 | | standardized chart in a format to be determined by
the |
23 | | Commission in a rule following notice and hearings which
|
24 | | provides the amounts of carbon dioxide,
nitrogen oxides
and |
25 | | sulfur dioxide emissions and nuclear waste
attributable to the |
26 | | known sources of electricity supplied as
set forth in |
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| | SB2408 Enrolled | - 907 - | LRB102 11366 BMS 16699 b |
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1 | | subparagraph (i) of subsection (a) of this
Section.
|
2 | | (c) The electric utilities and alternative retail
electric |
3 | | suppliers may provide their customers with such other
|
4 | | information as they believe relevant to the information
|
5 | | required in subsections (a) and (b) of this Section. All of the |
6 | | information required in subsections (a) and (b) of this |
7 | | Section shall be made available by the electric utilities or |
8 | | alternative retail electric suppliers either in an electronic |
9 | | medium, such as on a website or by electronic mail, or through |
10 | | the U.S. Postal Service.
|
11 | | (d) For the purposes of subsection (a) of this Section,
|
12 | | "biomass" means dedicated crops grown for energy production
|
13 | | and organic wastes.
|
14 | | (e) All of the information provided in subsections (a)
and |
15 | | (b) of this Section shall be presented to the Commission
for |
16 | | inclusion in its World Wide Web Site.
|
17 | | (Source: P.A. 99-906, eff. 6-1-17 .)
|
18 | | (220 ILCS 5/16-135 new) |
19 | | Sec. 16-135. Energy Storage Program. |
20 | | (a) The Illinois General Assembly hereby finds and |
21 | | declares that: |
22 | | (1) Energy storage systems provide opportunities to: |
23 | | (A) reduce costs to ratepayers directly or |
24 | | indirectly by avoiding or deferring the need for |
25 | | investment in new generation and for upgrades to |
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| | SB2408 Enrolled | - 908 - | LRB102 11366 BMS 16699 b |
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1 | | systems for the transmission and distribution of |
2 | | electricity; |
3 | | (B) reduce the use of fossil fuels for meeting |
4 | | demand during peak load periods; |
5 | | (C) provide ancillary services such as frequency |
6 | | response, load following, and voltage support; |
7 | | (D) assist electric utilities with integrating |
8 | | sources of renewable energy into the grid for the |
9 | | transmission and distribution of electricity, and with |
10 | | maintaining grid stability; |
11 | | (E) support diversification of energy resources; |
12 | | (F) enhance the resilience and reliability of the |
13 | | electric grid; and |
14 | | (G) reduce greenhouse gas emissions and other air |
15 | | pollutants resulting from power generation, thereby |
16 | | minimizing public health impacts that result from |
17 | | power generation. |
18 | | (2) There are significant barriers to obtaining the |
19 | | benefits of energy storage systems, including inadequate |
20 | | valuation of the services that energy storage can provide |
21 | | to the grid and the public. |
22 | | (3) It is in the public interest to: |
23 | | (A) develop a robust competitive market for |
24 | | existing and new providers of energy storage systems |
25 | | in order to leverage Illinois' position as a leader in |
26 | | advanced energy and to capture the potential for |
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| | SB2408 Enrolled | - 909 - | LRB102 11366 BMS 16699 b |
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1 | | economic development; |
2 | | (B) implement targets and programs to achieve |
3 | | deployment of energy storage systems; and |
4 | | (C) modernize distributed energy resource programs |
5 | | and interconnection standards to lower costs and |
6 | | efficiently deploy energy storage systems in order to |
7 | | increase economic development and job creation within |
8 | | the state's clean energy economy. |
9 | | (b) In this Section: |
10 | | "Energy storage peak standard" means a percentage of |
11 | | annual retail electricity sales during peak hours that an |
12 | | electric utility must derive from electricity discharged from |
13 | | eligible energy storage systems. |
14 | | "Deployment" means the installation of energy storage |
15 | | systems through a variety of mechanisms, including utility |
16 | | procurement, customer installation, or other processes. |
17 | | "Electric utility" has the same meaning as provided in |
18 | | Section 16-102 of this Act. |
19 | | "Energy storage system" means a technology that is capable |
20 | | of absorbing zero-carbon energy, storing it for a period of |
21 | | time, and redelivering that energy after it has been stored in |
22 | | order to provide direct or indirect benefits to the broader |
23 | | electricity system. The term includes, but is not limited to, |
24 | | electrochemical, thermal, and electromechanical technologies. |
25 | | "Nonwires alternatives solicitation" means a utility |
26 | | solicitation for third-party-owned or utility-owned |
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| | SB2408 Enrolled | - 910 - | LRB102 11366 BMS 16699 b |
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1 | | distributed energy resources that uses nontraditional |
2 | | solutions to defer or replace planned investment on the |
3 | | distribution or transmission system. |
4 | | "Total peak demand" means the highest hourly electricity |
5 | | demand for an electric utility in a given year, measured in |
6 | | megawatts, from all of the electric utility's customers of |
7 | | distribution service. |
8 | | (c) The Commission, in consultation with the Illinois |
9 | | Power Agency, shall initiate a proceeding to examine specific |
10 | | programs, mechanisms, and policies that could support the |
11 | | deployment of energy storage systems. The Illinois Commerce |
12 | | Commission shall engage a broad group of Illinois |
13 | | stakeholders, including electric utilities, the energy storage |
14 | | industry, the renewable energy industry, and others to inform |
15 | | the proceeding. The proceeding must, at minimum: |
16 | | (1) develop a framework to identify and measure the |
17 | | potential costs, benefits, that deployment of energy |
18 | | storage could produce, as well as barriers to realizing |
19 | | such benefits, including, but not limited to: |
20 | | (A) avoided cost and deferred investments in |
21 | | generation, transmission, and distribution facilities; |
22 | | (B) reduced ancillary services costs; |
23 | | (C) reduced transmission and distribution |
24 | | congestion; |
25 | | (D) lower peak power costs and reduced capacity |
26 | | costs; |
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1 | | (E) reduced costs for emergency power supplies |
2 | | during outages; |
3 | | (F) reduced curtailment of renewable energy |
4 | | generators; |
5 | | (G) reduced greenhouse gas emissions and other |
6 | | criteria air pollutants; |
7 | | (H) increased grid hosting capacity of renewable |
8 | | energy generators that produce energy on an |
9 | | intermittent basis; |
10 | | (I) increased reliability and resilience of the |
11 | | electric grid; |
12 | | (J) reduced line losses; |
13 | | (K) increased resource diversification; |
14 | | (L) increased economic development; |
15 | | (2) analyze and estimate: |
16 | | (A) the impact on the system's ability to |
17 | | integrate renewable resources; |
18 | | (B) the benefits of addition of storage at |
19 | | specific locations, such as at existing peaking units |
20 | | or locations on the grid close to large load centers; |
21 | | (C) the impact on grid reliability and power |
22 | | quality; and |
23 | | (D) the effect on retail electric rates and supply |
24 | | rates over the useful life of a given energy storage |
25 | | system; and |
26 | | (3) Evaluate and identify cost-effective policies and |
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1 | | programs to support the deployment of energy storage |
2 | | systems, including, but not limited to: |
3 | | (A) incentive programs; |
4 | | (B) energy storage peak standards; |
5 | | (C) nonwires alternative solicitation; |
6 | | (D) peak demand reduction programs for |
7 | | behind-the-meter storage for all customer classes; |
8 | | (E) value of distributed energy resources |
9 | | programs; |
10 | | (F) tax incentives; |
11 | | (G) time-varying rates; |
12 | | (H) updating of interconnection processes and |
13 | | metering standards; and |
14 | | (I) procurement by the Illinois Power Agency of |
15 | | energy storage resources. |
16 | | (d) The Commission shall, no later than May 31, 2022, |
17 | | submit to the General Assembly and the Governor any |
18 | | recommendations for additional legislative, regulatory, or |
19 | | executive actions based on the findings of the proceeding. |
20 | | (e) At the conclusion of the proceeding required under |
21 | | subsection (c), the Commission shall consider and recommend to |
22 | | the Governor and General Assembly energy storage deployment |
23 | | targets, if any, for each electric utility that serves more |
24 | | than 200,000 customers to be achieved by December 31, 2032, |
25 | | including recommended interim targets. |
26 | | (f) In setting recommendations for energy storage |
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1 | | deployment targets, the Commission shall: |
2 | | (1) take into account the costs and benefits of |
3 | | procuring energy storage according to the framework |
4 | | developed in the proceeding under subsection (c); |
5 | | (2) consider establishing specific subcategories of |
6 | | deployment of systems by point of interconnection or |
7 | | application. |
8 | | (220 ILCS 5/17-900 new) |
9 | | Sec. 17-900. Customer self-generation of electricity. |
10 | | (a) The General Assembly finds and declares that municipal |
11 | | systems and electric cooperatives shall continue to be |
12 | | governed by their respective governing bodies, but that such |
13 | | governing bodies should recognize and implement policies to |
14 | | provide the opportunity for their residential and small |
15 | | commercial customers who wish to self-generate electricity and |
16 | | for reasonable credits to customers for excess electricity, |
17 | | balanced against the rights of the other non-self-generating |
18 | | customers. This includes creating consistent, fair policies |
19 | | that are accessible to all customers and transparent, fair |
20 | | processes for raising and addressing any concerns. |
21 | | (b) Customers have the right to install renewable |
22 | | generating facilities to be located on the customer's
premises |
23 | | or customer's side of the billing meter and that are intended |
24 | | primarily to offset the customer's own electrical requirements |
25 | | and produce, consume, and store their own renewable energy |
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1 | | without discriminatory repercussions from an electric |
2 | | cooperative or municipal system. This includes a customer's |
3 | | rights to: |
4 | | (1) generate, consume, and deliver excess renewable |
5 | | energy to the distribution grid and reduce his or her use |
6 | | of electricity obtained from the grid; |
7 | | (2) use technology to store energy at his or her |
8 | | residence; |
9 | | (3) interconnect his or her electrical system that |
10 | | generates renewable energy, stores energy, or any |
11 | | combination thereof, with the electricity meter on the |
12 | | customer's premises that is provided by an electric |
13 | | cooperative or municipal system: |
14 | | (A) in a timely manner; |
15 | | (B) in accordance with requirements established by |
16 | | the electric cooperative or municipal utility to |
17 | | ensure the safety of utility workers; and |
18 | | (C) after providing written notice to the electric |
19 | | cooperative or municipal utility system providing |
20 | | service in the service territory, installing a |
21 | | nomenclature plate on the electrical meter panel and |
22 | | meeting all applicable State and local safety and |
23 | | electrical code requirements associated with |
24 | | installing a parallel distributed generation system; |
25 | | and |
26 | | (4) receive fair credit for excess energy delivered to |
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| | SB2408 Enrolled | - 915 - | LRB102 11366 BMS 16699 b |
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1 | | the distribution grid. |
2 | | (c) The policies of municipal systems and electric |
3 | | cooperatives regarding self-generation and credits for excess |
4 | | electricity may reasonably differ from those required of other |
5 | | entities by Article XVI of the Public Utilities Act or other |
6 | | Acts. The credits must recognize the value of self-generation |
7 | | to the distribution grid and benefits to other customers. |
8 | | (d) Within 180 days after this amendatory Act of the 102nd |
9 | | General Assembly, each electric cooperative and municipal |
10 | | system shall update its policies for the interconnection and |
11 | | fair
crediting of customer self-generation and storage if |
12 | | necessary, to comply with the standards of subsection (b) of |
13 | | this Section. Each electric cooperative and municipal system |
14 | | shall post its updated policies to a public-facing area of its |
15 | | website. |
16 | | (e) An electric cooperative or municipal system customer |
17 | | who produces, consumes, and stores his or her own renewable |
18 | | energy shall not face discriminatory rate design, fees or |
19 | | charges, treatment, or excessive compliance requirements that |
20 | | would unreasonably affect that customer's right to |
21 | | self-generate electricity as provided for in this Section. |
22 | | (f) An electric cooperative or municipal utility system |
23 | | customer shall have a right to appeal any decision related to |
24 | | self-generation and storage that violates these rights to |
25 | | self-generation and non-discrimination pursuant to the |
26 | | provisions of this Section through a complaint under the |
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1 | | Administrative Review Law or similar legal process.
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2 | | Section 90-55. The Environmental Protection Act is amended |
3 | | by adding Sections 3.131 and 9.18 and by changing Sections |
4 | | 9.15 and 22.59 as follows: |
5 | | (415 ILCS 5/3.131 new) |
6 | | Sec. 3.131. Clean energy. "Clean energy" means energy |
7 | | generation that is substantially free (90% or greater) of |
8 | | carbon dioxide emissions. |
9 | | (415 ILCS 5/9.15) |
10 | | Sec. 9.15. Greenhouse gases. |
11 | | (a) An air pollution construction permit shall not be |
12 | | required due to emissions of greenhouse gases if the |
13 | | equipment, site, or source is not subject to regulation, as |
14 | | defined by 40 CFR 52.21, as now or hereafter amended, for |
15 | | greenhouse gases or is otherwise not addressed in this Section |
16 | | or by the Board in regulations for greenhouse gases. These |
17 | | exemptions do . This exemption does not relieve an owner or |
18 | | operator from the obligation to comply with other applicable |
19 | | rules or regulations. |
20 | | (b) An air pollution operating permit shall not be |
21 | | required due to emissions of greenhouse gases if the |
22 | | equipment, site, or source is not subject to regulation, as |
23 | | defined by Section 39.5 of this Act, for greenhouse gases or is |
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1 | | otherwise not addressed in this Section or by the Board in |
2 | | regulations for greenhouse gases. These exemptions do . This |
3 | | exemption does not relieve an owner or operator from the |
4 | | obligation to comply with other applicable rules or |
5 | | regulations. |
6 | | (c) (Blank). Notwithstanding any provision to the contrary |
7 | | in this Section, an air pollution construction or operating |
8 | | permit shall not be required due to emissions of greenhouse |
9 | | gases if any of the following events occur: |
10 | | (1) enactment of federal legislation depriving the |
11 | | Administrator of the USEPA of authority to regulate |
12 | | greenhouse gases under the Clean Air Act; |
13 | | (2) the issuance of any opinion, ruling, judgment, |
14 | | order, or decree by a federal court depriving the |
15 | | Administrator of the USEPA of authority to regulate |
16 | | greenhouse gases under the Clean Air Act; or |
17 | | (3) action by the President of the United States or |
18 | | the President's authorized agent, including the |
19 | | Administrator of the USEPA, to repeal or withdraw the |
20 | | Greenhouse Gas Tailoring Rule (75 Fed. Reg. 31514, June 3, |
21 | | 2010). |
22 | | This subsection (c) does not relieve an owner or operator |
23 | | from the obligation to comply with applicable rules or |
24 | | regulations other than those relating to greenhouse gases. |
25 | | (d) (Blank). If any event listed in subsection (c) of this |
26 | | Section occurs, permits issued after such event shall not |
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1 | | impose permit terms or conditions addressing greenhouse gases |
2 | | during the effectiveness of any event listed in subsection |
3 | | (c). |
4 | | (e) (Blank). If an event listed in subsection (c) of this |
5 | | Section occurs, any owner or operator with a permit that |
6 | | includes terms or conditions addressing greenhouse gases may |
7 | | elect to submit an application to the Agency to address a |
8 | | revision or repeal of such terms or conditions. The Agency |
9 | | shall expeditiously process such permit application in |
10 | | accordance with applicable laws and regulations.
|
11 | | (f) As used in this Section: |
12 | | "Carbon dioxide emission" means the plant annual CO 2 total |
13 | | output emission as measured by the United States Environmental |
14 | | Protection Agency in its Emissions & Generation Resource |
15 | | Integrated Database (eGrid), or its successor. |
16 | | "Carbon dioxide equivalent emissions" or "CO 2 e" means the |
17 | | sum total of the mass amount of emissions in tons per year, |
18 | | calculated by multiplying the mass amount of each of the 6 |
19 | | greenhouse gases specified in Section 3.207, in tons per year, |
20 | | by its associated global warming potential as set forth in 40 |
21 | | CFR 98, subpart A, table A-1 or its successor, and then adding |
22 | | them all together. |
23 | | "Cogeneration" or "combined heat and power" refers to any |
24 | | system that, either simultaneously or sequentially, produces |
25 | | electricity and useful thermal energy from a single fuel |
26 | | source. |
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1 | | "Copollutants" refers to the 6 criteria pollutants that |
2 | | have been identified by the United States Environmental |
3 | | Protection Agency pursuant to the Clean Air Act. |
4 | | "Electric generating unit" or "EGU" means a fossil |
5 | | fuel-fired stationary boiler, combustion turbine, or combined |
6 | | cycle system that serves a generator that has a nameplate |
7 | | capacity greater than 25 MWe and produces electricity for |
8 | | sale. |
9 | | "Environmental justice community" means the definition of |
10 | | that term based on existing methodologies and findings, used |
11 | | and as may be updated by the Illinois Power Agency and its |
12 | | program administrator in the Illinois Solar for All Program. |
13 | | "Equity investment eligible community" or "eligible |
14 | | community" means the geographic areas throughout Illinois that |
15 | | would most benefit from equitable investments by the State |
16 | | designed to combat discrimination and foster sustainable |
17 | | economic growth. Specifically, eligible community means the |
18 | | following areas: |
19 | | (1) areas where residents have been historically |
20 | | excluded from economic opportunities, including |
21 | | opportunities in the energy sector, as defined as R3 areas |
22 | | pursuant to
Section 10-40 of the Cannabis Regulation and |
23 | | Tax Act; and |
24 | | (2) areas where residents have been historically |
25 | | subject to disproportionate burdens of pollution, |
26 | | including pollution from the energy sector, as established |
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1 | | by environmental justice communities as defined by the |
2 | | Illinois Power Agency pursuant to the Illinois Power |
3 | | Agency Act, excluding any racial or ethnic indicators. |
4 | | "Equity investment eligible person" or "eligible person" |
5 | | means the persons who would most benefit from equitable |
6 | | investments by the State designed to combat discrimination and |
7 | | foster sustainable economic growth. Specifically, eligible |
8 | | person means the following people: |
9 | | (1) persons whose primary residence is in an equity |
10 | | investment eligible community; |
11 | | (2) persons whose primary residence is in a |
12 | | municipality, or a county with a population under 100,000, |
13 | | where the closure of an electric generating unit or mine |
14 | | has been publicly announced or the electric generating |
15 | | unit or mine is in the process of closing or closed within |
16 | | the last 5 years; |
17 | | (3) persons who are graduates of or currently enrolled |
18 | | in the foster care system; or |
19 | | (4) persons who were formerly incarcerated. |
20 | | "Existing emissions" means: |
21 | | (1) for CO 2 e, the total average tons-per-year of CO 2 e |
22 | | emitted by the EGU or large GHG-emitting unit either in |
23 | | the years 2018 through 2020 or, if the unit was not yet in |
24 | | operation by January 1, 2018, in the first 3 full years of |
25 | | that unit's operation; and |
26 | | (2) for any copollutant, the total average |
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1 | | tons-per-year of that copollutant emitted by the EGU or |
2 | | large GHG-emitting unit either in the years 2018 through |
3 | | 2020 or, if the unit was not yet in operation by January 1, |
4 | | 2018, in the first 3 full years of that unit's operation. |
5 | | "Green hydrogen" means a power plant technology in which |
6 | | an EGU creates electric power exclusively from electrolytic |
7 | | hydrogen, in a manner that produces zero carbon and |
8 | | copollutant emissions, using hydrogen fuel that is |
9 | | electrolyzed using a 100% renewable zero carbon emission |
10 | | energy source. |
11 | | "Large greenhouse gas-emitting unit" or "large |
12 | | GHG-emitting unit" means a unit that is an electric generating |
13 | | unit or other fossil fuel-fired unit that itself has a |
14 | | nameplate capacity or
serves a generator that has a nameplate |
15 | | capacity greater than 25 MWe and that produces electricity, |
16 | | including, but not limited to, coal-fired, coal-derived, |
17 | | oil-fired, natural gas-fired, and cogeneration units. |
18 | | "NO x emission rate" means the plant annual NO x total output |
19 | | emission rate as measured by the United States Environmental |
20 | | Protection Agency in its Emissions & Generation Resource |
21 | | Integrated Database (eGrid), or its successor, in the most |
22 | | recent year for which data is available. |
23 | | "Public greenhouse gas-emitting units" or "public |
24 | | GHG-emitting unit" means large greenhouse gas-emitting units, |
25 | | including EGUs, that are wholly owned, directly or indirectly, |
26 | | by one or more municipalities, municipal corporations, joint |
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1 | | municipal electric power agencies, electric cooperatives, or |
2 | | other governmental or nonprofit entities, whether organized |
3 | | and created under the laws of Illinois or another state. |
4 | | "SO 2 emission rate" means the "plant annual SO 2 total |
5 | | output emission rate" as measured by the United States |
6 | | Environmental Protection Agency in its Emissions & Generation |
7 | | Resource Integrated Database (eGrid), or its successor, in the |
8 | | most recent year for which data is available. |
9 | | (g) All EGUs and large greenhouse gas-emitting units that |
10 | | use coal or oil as a fuel and are not public GHG-emitting units |
11 | | shall permanently reduce all CO 2 e and copollutant emissions to |
12 | | zero no later than January 1, 2030. |
13 | | (h) All EGUs and large greenhouse gas-emitting units that
|
14 | | use coal as a fuel and are public GHG-emitting units shall
|
15 | | permanently reduce CO 2 e emissions to
zero no later than |
16 | | December 31, 2045. Any source or plant with such units must |
17 | | also reduce their CO 2 e emissions by 45% from existing |
18 | | emissions by no later than January 1, 2035. If the emissions |
19 | | reduction requirement is not achieved by December 31, 2035, |
20 | | the plant shall retire one or more units or otherwise reduce |
21 | | its CO 2 e emissions by 45% from existing emissions by June 30, |
22 | | 2038. |
23 | | (i) All EGUs and large greenhouse gas-emitting units that |
24 | | use gas as a fuel and are not public GHG-emitting units shall |
25 | | permanently reduce all CO 2 e and copollutant emissions to zero, |
26 | | including through unit retirement or the use of 100% green |
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1 | | hydrogen or other similar technology that is commercially |
2 | | proven to achieve zero carbon emissions, according to the |
3 | | following: |
4 | | (1) No later than January 1, 2030: all EGUs and large |
5 | | greenhouse gas-emitting units that have a NO x emissions |
6 | | rate of greater than 0.12 lbs/MWh or a SO 2 emission rate of |
7 | | greater than 0.006 lb/MWh, and are located in or within 3 |
8 | | miles of an environmental justice community designated as |
9 | | of January 1, 2021 or an equity investment eligible |
10 | | community. |
11 | | (2) No later than January 1, 2040: all EGUs and large |
12 | | greenhouse gas-emitting units that have a NO x emission |
13 | | rate of greater than 0.12 lbs/MWh or a SO 2 emission rate |
14 | | greater than 0.006 lb/MWh, and are not located in or |
15 | | within 3 miles of an environmental justice community |
16 | | designated as of January 1, 2021 or an equity investment |
17 | | eligible community. After January 1, 2035, each such EGU |
18 | | and large greenhouse gas-emitting unit shall reduce its |
19 | | CO 2 e emissions by at least 50% from its existing emissions |
20 | | for CO 2 e, and shall be limited in operation to, on average, |
21 | | 6 hours or less per day, measured over a calendar year, and |
22 | | shall not run for more than 24 consecutive hours except in |
23 | | emergency conditions, as designated by a Regional |
24 | | Transmission Organization or Independent System Operator. |
25 | | (3) No later than January 1, 2035: all EGUs and large |
26 | | greenhouse gas-emitting units that began operation prior |
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1 | | to the effective date of this amendatory Act of the 102nd |
2 | | General Assembly and have a NO x emission rate of less than |
3 | | or equal to 0.12 lb/MWh and a SO 2 emission rate less than |
4 | | or equal to 0.006 lb/MWh, and are located in or within 3 |
5 | | miles of an environmental justice community designated as |
6 | | of January 1, 2021 or an equity investment eligible |
7 | | community. Each such EGU and large greenhouse gas-emitting |
8 | | unit shall reduce its CO 2 e emissions by at least 50% from |
9 | | its existing emissions for CO 2 e no later than January 1, |
10 | | 2030. |
11 | | (4) No later than January 1, 2040: All remaining EGUs |
12 | | and large greenhouse gas-emitting units that have a heat |
13 | | rate greater than or equal to 7000 BTU/kWh. Each such EGU |
14 | | and Large greenhouse gas-emitting unit shall reduce its |
15 | | CO 2 e emissions by at least 50% from its existing emissions |
16 | | for CO 2 e no later than January 1, 2035. |
17 | | (5) No later than January 1, 2045: all remaining EGUs |
18 | | and large greenhouse gas-emitting units. |
19 | | (j) All EGUs and large greenhouse gas-emitting units that |
20 | | use gas as a fuel and are public GHG-emitting units shall |
21 | | permanently reduce all CO 2 e and copollutant emissions to zero, |
22 | | including through unit retirement or the use of 100% green |
23 | | hydrogen or other similar technology that is commercially |
24 | | proven to achieve zero carbon emissions by January 1, 2045. |
25 | | (k) All EGUs and large greenhouse gas-emitting units that |
26 | | utilize combined heat and power or cogeneration technology |
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| | SB2408 Enrolled | - 925 - | LRB102 11366 BMS 16699 b |
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1 | | shall permanently reduce all CO 2 e and copollutant emissions to |
2 | | zero, including through unit retirement or the use of 100% |
3 | | green hydrogen or other similar technology that is |
4 | | commercially proven to achieve zero carbon emissions by |
5 | | January 1, 2045. |
6 | | (k-5) No EGU or large greenhouse gas-emitting unit that |
7 | | uses gas as a fuel and is not a public GHG-emitting unit may |
8 | | emit, in any 12-month period, CO 2 e or copollutants in excess of |
9 | | that unit's existing emissions for those pollutants. |
10 | | (l) Notwithstanding subsections (g) through (k-5), large |
11 | | GHG-emitting units including EGUs may temporarily continue |
12 | | emitting greenhouse gases after any applicable deadline |
13 | | specified in any of subsections (g) through (k-5) if it has |
14 | | been determined, as described in paragraphs (1) and (2) of |
15 | | this subsection, that ongoing operation of the EGU is |
16 | | necessary to maintain power grid supply and reliability or |
17 | | ongoing operation of large GHG-emitting unit that is not an |
18 | | EGU is necessary to serve as an emergency backup to |
19 | | operations. Up to and including the occurrence of an emission |
20 | | reduction deadline under subsection (i), all EGUs and large |
21 | | GHG-emitting units must comply with the following terms: |
22 | | (1) if an EGU or large GHG-emitting unit that is a |
23 | | participant in a regional transmission organization |
24 | | intends to retire, it must submit documentation to the |
25 | | appropriate regional transmission organization by the |
26 | | appropriate deadline that meets all applicable regulatory |
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| | SB2408 Enrolled | - 926 - | LRB102 11366 BMS 16699 b |
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1 | | requirements necessary to obtain approval to permanently |
2 | | cease operating the large GHG-emitting unit; |
3 | | (2) if any EGU or large GHG-emitting unit that is a |
4 | | participant in a regional transmission organization |
5 | | receives notice that the regional transmission |
6 | | organization has determined that continued operation of |
7 | | the unit is required, the unit may continue operating |
8 | | until the issue identified by the regional transmission |
9 | | organization is resolved. The owner or operator of the |
10 | | unit must cooperate with the regional transmission |
11 | | organization in resolving the issue and must reduce its |
12 | | emissions to zero, consistent with the requirements under |
13 | | subsection (g), (h), (i), (j), (k), or (k-5), as |
14 | | applicable, as soon as practicable when the issue |
15 | | identified by the regional transmission organization is |
16 | | resolved; and |
17 | | (3) any large GHG-emitting unit that is not a |
18 | | participant in a regional transmission organization shall |
19 | | be allowed to continue emitting greenhouse gases after the |
20 | | zero-emission date specified in subsection (g), (h), (i), |
21 | | (j), (k), or (k-5), as applicable, in the capacity of an |
22 | | emergency backup unit if approved by the Illinois Commerce |
23 | | Commission. |
24 | | (m) No variance, adjusted standard, or other regulatory |
25 | | relief otherwise available in this Act may be granted to the |
26 | | emissions reduction and elimination obligations in this |
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1 | | Section. |
2 | | (n) By June 30 of each year, beginning in 2025, the Agency |
3 | | shall prepare and publish on its website a report setting |
4 | | forth the actual greenhouse gas emissions from individual |
5 | | units and the aggregate statewide emissions from all units for |
6 | | the prior year. |
7 | | (o) Every 5 years beginning in 2025, the Environmental |
8 | | Protection Agency, Illinois Power Agency, and Illinois |
9 | | Commerce Commission shall jointly prepare, and release |
10 | | publicly, a report to the General Assembly that examines the |
11 | | State's current progress toward its renewable energy resource |
12 | | development goals, the status of CO 2 e and copollutant |
13 | | emissions reductions, the current status and progress toward |
14 | | developing and implementing green hydrogen technologies, the |
15 | | current and projected status of electric resource adequacy and |
16 | | reliability throughout the State for the period beginning 5 |
17 | | years ahead, and proposed solutions for any findings. The |
18 | | Environmental Protection Agency, Illinois Power Agency, and |
19 | | Illinois Commerce Commission shall consult PJM |
20 | | Interconnection, LLC and Midcontinent Independent System |
21 | | Operator, Inc., or their respective successor organizations |
22 | | regarding forecasted resource adequacy and reliability needs, |
23 | | anticipated new generation interconnection, new transmission |
24 | | development or upgrades, and any announced large GHG-emitting |
25 | | unit closure dates and include this information in the report. |
26 | | The report shall be released publicly by no later than |
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| | SB2408 Enrolled | - 928 - | LRB102 11366 BMS 16699 b |
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1 | | December 15 of the year it is prepared. If the Environmental |
2 | | Protection Agency, Illinois Power Agency, and Illinois |
3 | | Commerce Commission jointly conclude in the report that the |
4 | | data from the regional grid operators, the pace of renewable |
5 | | energy development, the pace of development of energy storage |
6 | | and demand response utilization, transmission capacity, and |
7 | | the CO 2 e and copollutant emissions reductions required by |
8 | | subsection (i) or (k-5) reasonably demonstrate that a resource |
9 | | adequacy shortfall will occur, including whether there will be |
10 | | sufficient in-state capacity to meet the zonal requirements of |
11 | | MISO Zone 4 or the PJM ComEd Zone, per the requirements of the |
12 | | regional transmission organizations, or that the regional |
13 | | transmission operators determine that a reliability violation |
14 | | will occur during the time frame the study is evaluating, then |
15 | | the Illinois Power Agency, in conjunction with the |
16 | | Environmental Protection Agency shall develop a plan to reduce |
17 | | or delay CO 2 e and copollutant emissions reductions |
18 | | requirements only to the extent and for the duration necessary |
19 | | to meet the resource adequacy and reliability needs of the |
20 | | State, including allowing any plants whose emission reduction |
21 | | deadline has been identified in the plan as creating a |
22 | | reliability concern to continue operating, including operating |
23 | | with reduced emissions or as emergency backup where |
24 | | appropriate. The plan shall also consider the use of renewable |
25 | | energy, energy storage, demand response, transmission |
26 | | development, or other strategies to resolve the identified |
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| | SB2408 Enrolled | - 929 - | LRB102 11366 BMS 16699 b |
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1 | | resource adequacy shortfall or reliability violation. |
2 | | (1) In developing the plan, the Environmental |
3 | | Protection Agency and the Illinois Power Agency shall hold |
4 | | at least one workshop open to, and accessible at a time and |
5 | | place convenient to, the public and shall consider any |
6 | | comments made by stakeholders or the public. Upon |
7 | | development of the plan, copies of the plan shall be |
8 | | posted and made publicly available on the Environmental |
9 | | Protection Agency's, the Illinois Power Agency's, and the |
10 | | Illinois Commerce Commission's websites. All interested |
11 | | parties shall have 60 days following the date of posting |
12 | | to provide comment to the Environmental Protection Agency |
13 | | and the Illinois Power Agency on the plan. All comments |
14 | | submitted to the Environmental Protection Agency and the |
15 | | Illinois Power Agency shall be encouraged to be specific, |
16 | | supported by data or other detailed analyses, and, if |
17 | | objecting to all or a portion of the plan, accompanied by |
18 | | specific alternative wording or proposals. All comments |
19 | | shall be posted on the Environmental Protection Agency's, |
20 | | the Illinois Power Agency's, and the Illinois Commerce |
21 | | Commission's websites. Within 30 days following the end of |
22 | | the 60-day review period, the Environmental Protection |
23 | | Agency and the Illinois Power Agency shall revise the plan |
24 | | as necessary based on the comments received and file its |
25 | | revised plan with the Illinois Commerce Commission for |
26 | | approval. |
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1 | | (2) Within 60 days after the filing of the revised |
2 | | plan at the Illinois Commerce Commission, any person |
3 | | objecting to the plan shall file an objection with the |
4 | | Illinois Commerce Commission. Within 30 days after the |
5 | | expiration of the comment period, the Illinois Commerce |
6 | | Commission shall determine whether an evidentiary hearing |
7 | | is necessary. The Illinois Commerce Commission shall also |
8 | | host 3 public hearings within 90 days after the plan is |
9 | | filed. Following the evidentiary and public hearings, the |
10 | | Illinois Commerce Commission shall enter its order |
11 | | approving or approving with modifications the reliability |
12 | | mitigation plan within 180 days. |
13 | | (3) The Illinois Commerce Commission shall only |
14 | | approve the plan if the Illinois Commerce Commission |
15 | | determines that it will resolve the resource adequacy or |
16 | | reliability deficiency identified in the reliability |
17 | | mitigation plan at the least amount of CO 2 e and copollutant |
18 | | emissions, taking into consideration the emissions impacts |
19 | | on environmental justice communities, and that it will |
20 | | ensure adequate, reliable, affordable, efficient, and |
21 | | environmentally sustainable electric service at the lowest |
22 | | total cost over time, taking into account the impact of |
23 | | increases in emissions. |
24 | | (4) If the resource adequacy or reliability deficiency |
25 | | identified in the reliability mitigation plan is resolved |
26 | | or reduced, the Environmental Protection Agency and the |
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1 | | Illinois Power Agency may file an amended plan adjusting |
2 | | the reduction or delay in CO 2 e and copollutant emission |
3 | | reduction requirements identified in the plan. |
4 | | (Source: P.A. 97-95, eff. 7-12-11.) |
5 | | (415 ILCS 5/9.18 new) |
6 | | Sec. 9.18. Commission on market-based carbon pricing |
7 | | solutions. |
8 | | (a) In the United States, state-based market policies to |
9 | | reduce greenhouse gases have been in operation since 2009. |
10 | | More than a quarter of the US population lives in a state with |
11 | | carbon pricing and these states represent one-third of the |
12 | | United States' gross domestic product. Market-based policies |
13 | | have proved effective at reducing emissions in states across |
14 | | the United States, and around the world. Additionally, |
15 | | well-designed carbon pricing incentivizes energy efficiency |
16 | | and drives investments in low-carbon solutions and |
17 | | technologies, such as renewables, hydrogen, biofuels, and |
18 | | carbon capture, use, and storage. Illinois must assess |
19 | | available suites of programs and policies to support a rapid, |
20 | | economy-wide decarbonization and spur the development of a |
21 | | clean energy economy in the State, while maintaining Illinois' |
22 | | competitive advantage. |
23 | | (b) The Governor is hereby authorized to create a carbon |
24 | | pricing commission to study the short-term and long-term |
25 | | impacts of joining, implementing, or designing a sector-based, |
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| | SB2408 Enrolled | - 932 - | LRB102 11366 BMS 16699 b |
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1 | | statewide, or regional carbon pricing program. The commission |
2 | | shall analyze and compare the relative cost of, and greenhouse |
3 | | gas reductions from, various carbon pricing programs available |
4 | | to Illinois and the Midwest, including, but not limited to: |
5 | | the Regional Greenhouse Gas Initiative (RGGI), the |
6 | | Transportation and Climate Initiative (TCI), California's |
7 | | cap-and-trade program, California's low carbon fuel standard, |
8 | | Washington State's cap-and-invest program, the Oregon Clean |
9 | | Fuels Program, and other relevant market-based programs. At |
10 | | the conclusion of the study, no later than December 31, 2022, |
11 | | the commission shall issue a public report containing its |
12 | | findings. |
13 | | (c) This Section is repealed on January 1, 2024. |
14 | | (415 ILCS 5/22.59) |
15 | | Sec. 22.59. CCR surface impoundments. |
16 | | (a) The General Assembly finds that: |
17 | | (1) the State of Illinois has a long-standing policy |
18 | | to restore, protect, and enhance the environment, |
19 | | including the purity of the air, land, and waters, |
20 | | including groundwaters, of this State; |
21 | | (2) a clean environment is essential to the growth and |
22 | | well-being of this State; |
23 | | (3) CCR generated by the electric generating industry |
24 | | has caused groundwater contamination and other forms of |
25 | | pollution at active and inactive plants throughout this |
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1 | | State; |
2 | | (4) environmental laws should be supplemented to |
3 | | ensure consistent, responsible regulation of all existing |
4 | | CCR surface impoundments; and |
5 | | (5) meaningful participation of State residents, |
6 | | especially vulnerable populations who may be affected by |
7 | | regulatory actions, is critical to ensure that |
8 | | environmental justice considerations are incorporated in |
9 | | the development of, decision-making related to, and |
10 | | implementation of environmental laws and rulemaking that |
11 | | protects and improves the well-being of communities in |
12 | | this State that bear disproportionate burdens imposed by |
13 | | environmental pollution. |
14 | | Therefore, the purpose of this Section is to promote a |
15 | | healthful environment, including clean water, air, and land, |
16 | | meaningful public involvement, and the responsible disposal |
17 | | and storage of coal combustion residuals, so as to protect |
18 | | public health and to prevent pollution of the environment of |
19 | | this State. |
20 | | The provisions of this Section shall be liberally |
21 | | construed to carry out the purposes of this Section. |
22 | | (b) No person shall: |
23 | | (1) cause or allow the discharge of any contaminants |
24 | | from a CCR surface impoundment into the environment so as |
25 | | to cause, directly or indirectly, a violation of this |
26 | | Section or any regulations or standards adopted by the |
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1 | | Board under this Section, either alone or in combination |
2 | | with contaminants from other sources; |
3 | | (2) construct, install, modify, operate, or close any |
4 | | CCR surface impoundment without a permit granted by the |
5 | | Agency, or so as to violate any conditions imposed by such |
6 | | permit, any provision of this Section or any regulations |
7 | | or standards adopted by the Board under this Section; or |
8 | | (3) cause or allow, directly or indirectly, the |
9 | | discharge, deposit, injection, dumping, spilling, leaking, |
10 | | or placing of any CCR upon the land in a place and manner |
11 | | so as to cause or tend to cause a violation this Section or |
12 | | any regulations or standards adopted by the Board under |
13 | | this Section. |
14 | | (c) For purposes of this Section, a permit issued by the |
15 | | Administrator of the United States Environmental Protection |
16 | | Agency under Section 4005 of the federal Resource Conservation |
17 | | and Recovery Act, shall be deemed to be a permit under this |
18 | | Section and subsection (y) of Section 39. |
19 | | (d) Before commencing closure of a CCR surface |
20 | | impoundment, in accordance with Board rules, the owner of a |
21 | | CCR surface impoundment must submit to the Agency for approval |
22 | | a closure alternatives analysis that analyzes all closure |
23 | | methods being considered and that otherwise satisfies all |
24 | | closure requirements adopted by the Board under this Act. |
25 | | Complete removal of CCR, as specified by the Board's rules, |
26 | | from the CCR surface impoundment must be considered and |
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1 | | analyzed. Section 3.405 does not apply to the Board's rules |
2 | | specifying complete removal of CCR. The selected closure |
3 | | method must ensure compliance with regulations adopted by the |
4 | | Board pursuant to this Section. |
5 | | (e) Owners or operators of CCR surface impoundments who |
6 | | have submitted a closure plan to the Agency before May 1, 2019, |
7 | | and who have completed closure prior to 24 months after July |
8 | | 30, 2019 ( the effective date of Public Act 101-171) this |
9 | | amendatory Act of the 101st General Assembly shall not be |
10 | | required to obtain a construction permit for the surface |
11 | | impoundment closure under this Section. |
12 | | (f) Except for the State, its agencies and institutions, a |
13 | | unit of local government, or not-for-profit electric |
14 | | cooperative as defined in Section 3.4 of the Electric Supplier |
15 | | Act, any person who owns or operates a CCR surface impoundment |
16 | | in this State shall post with the Agency a performance bond or |
17 | | other security for the purpose of: (i) ensuring closure of the |
18 | | CCR surface impoundment and post-closure care in accordance |
19 | | with this Act and its rules; and (ii) insuring remediation of |
20 | | releases from the CCR surface impoundment. The only acceptable |
21 | | forms of financial assurance are: a trust fund, a surety bond |
22 | | guaranteeing payment, a surety bond guaranteeing performance, |
23 | | or an irrevocable letter of credit. |
24 | | (1) The cost estimate for the post-closure care of a |
25 | | CCR surface impoundment shall be calculated using a |
26 | | 30-year post-closure care period or such longer period as |
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1 | | may be approved by the Agency under Board or federal |
2 | | rules. |
3 | | (2) The Agency is authorized to enter into such |
4 | | contracts and agreements as it may deem necessary to carry |
5 | | out the purposes of this Section. Neither the State, nor |
6 | | the Director, nor any State employee shall be liable for |
7 | | any damages or injuries arising out of or resulting from |
8 | | any action taken under this Section. |
9 | | (3) The Agency shall have the authority to approve or |
10 | | disapprove any performance bond or other security posted |
11 | | under this subsection. Any person whose performance bond |
12 | | or other security is disapproved by the Agency may contest |
13 | | the disapproval as a permit denial appeal pursuant to |
14 | | Section 40. |
15 | | (g) The Board shall adopt rules establishing construction |
16 | | permit requirements, operating permit requirements, design |
17 | | standards, reporting, financial assurance, and closure and |
18 | | post-closure care requirements for CCR surface impoundments. |
19 | | Not later than 8 months after July 30, 2019 ( the effective date |
20 | | of Public Act 101-171) this amendatory Act of the 101st |
21 | | General Assembly the Agency shall propose, and not later than |
22 | | one year after receipt of the Agency's proposal the Board |
23 | | shall adopt, rules under this Section. The Board shall not be |
24 | | deemed in noncompliance with the rulemaking deadline due to |
25 | | delays in adopting rules as a result of the Joint Commission on |
26 | | Administrative Rules oversight process. The rules must, at a |
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1 | | minimum: |
2 | | (1) be at least as protective and comprehensive as the |
3 | | federal regulations or amendments thereto promulgated by |
4 | | the Administrator of the United States Environmental |
5 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR |
6 | | surface impoundments; |
7 | | (2) specify the minimum contents of CCR surface |
8 | | impoundment construction and operating permit |
9 | | applications, including the closure alternatives analysis |
10 | | required under subsection (d); |
11 | | (3) specify which types of permits include |
12 | | requirements for closure, post-closure, remediation and |
13 | | all other requirements applicable to CCR surface |
14 | | impoundments; |
15 | | (4) specify when permit applications for existing CCR |
16 | | surface impoundments must be submitted, taking into |
17 | | consideration whether the CCR surface impoundment must |
18 | | close under the RCRA; |
19 | | (5) specify standards for review and approval by the |
20 | | Agency of CCR surface impoundment permit applications; |
21 | | (6) specify meaningful public participation procedures |
22 | | for the issuance of CCR surface impoundment construction |
23 | | and operating permits, including, but not limited to, |
24 | | public notice of the submission of permit applications, an |
25 | | opportunity for the submission of public comments, an |
26 | | opportunity for a public hearing prior to permit issuance, |
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1 | | and a summary and response of the comments prepared by the |
2 | | Agency; |
3 | | (7) prescribe the type and amount of the performance |
4 | | bonds or other securities required under subsection (f), |
5 | | and the conditions under which the State is entitled to |
6 | | collect moneys from such performance bonds or other |
7 | | securities; |
8 | | (8) specify a procedure to identify areas of |
9 | | environmental justice concern in relation to CCR surface |
10 | | impoundments; |
11 | | (9) specify a method to prioritize CCR surface |
12 | | impoundments required to close under RCRA if not otherwise |
13 | | specified by the United States Environmental Protection |
14 | | Agency, so that the CCR surface impoundments with the |
15 | | highest risk to public health and the environment, and |
16 | | areas of environmental justice concern are given first |
17 | | priority; |
18 | | (10) define when complete removal of CCR is achieved |
19 | | and specify the standards for responsible removal of CCR |
20 | | from CCR surface impoundments, including, but not limited |
21 | | to, dust controls and the protection of adjacent surface |
22 | | water and groundwater; and |
23 | | (11) describe the process and standards for |
24 | | identifying a specific alternative source of groundwater |
25 | | pollution when the owner or operator of the CCR surface |
26 | | impoundment believes that groundwater contamination on the |
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1 | | site is not from the CCR surface impoundment. |
2 | | (h) Any owner of a CCR surface impoundment that generates |
3 | | CCR and sells or otherwise provides coal combustion byproducts |
4 | | pursuant to Section 3.135 shall, every 12 months, post on its |
5 | | publicly available website a report specifying the volume or |
6 | | weight of CCR, in cubic yards or tons, that it sold or provided |
7 | | during the past 12 months. |
8 | | (i) The owner of a CCR surface impoundment shall post all |
9 | | closure plans, permit applications, and supporting |
10 | | documentation, as well as any Agency approval of the plans or |
11 | | applications on its publicly available website. |
12 | | (j) The owner or operator of a CCR surface impoundment |
13 | | shall pay the following fees: |
14 | | (1) An initial fee to the Agency within 6 months after |
15 | | July 30, 2019 ( the effective date of Public Act 101-171) |
16 | | this amendatory Act of the 101st General Assembly of: |
17 | | $50,000 for each closed CCR surface impoundment; |
18 | | and |
19 | | $75,000 for each CCR surface impoundment that have |
20 | | not completed closure. |
21 | | (2) Annual fees to the Agency, beginning on July 1, |
22 | | 2020, of: |
23 | | $25,000 for each CCR surface impoundment that has |
24 | | not completed closure; and |
25 | | $15,000 for each CCR surface impoundment that has |
26 | | completed closure, but has not completed post-closure |
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1 | | care. |
2 | | (k) All fees collected by the Agency under subsection (j) |
3 | | shall be deposited into the Environmental Protection Permit |
4 | | and Inspection Fund. |
5 | | (l) The Coal Combustion Residual Surface Impoundment |
6 | | Financial Assurance Fund is created as a special fund in the |
7 | | State treasury. Any moneys forfeited to the State of Illinois |
8 | | from any performance bond or other security required under |
9 | | this Section shall be placed in the Coal Combustion Residual |
10 | | Surface Impoundment Financial Assurance Fund and shall, upon |
11 | | approval by the Governor and the Director, be used by the |
12 | | Agency for the purposes for which such performance bond or |
13 | | other security was issued. The Coal Combustion Residual |
14 | | Surface Impoundment Financial Assurance Fund is not subject to |
15 | | the provisions of subsection (c) of Section 5 of the State |
16 | | Finance Act. |
17 | | (m) The provisions of this Section shall apply, without |
18 | | limitation, to all existing CCR surface impoundments and any |
19 | | CCR surface impoundments constructed after July 30, 2019 ( the |
20 | | effective date of Public Act 101-171) this amendatory Act of |
21 | | the 101st General Assembly , except to the extent prohibited by |
22 | | the Illinois or United States Constitutions.
|
23 | | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.) |
24 | | Section 90-56. The Alternate Fuels Act is amended by |
25 | | changing Sections 1, 5, 10, 15, 35, 40, and 45 and by adding |
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1 | | Section 27 as follows:
|
2 | | (415 ILCS 120/1)
|
3 | | Sec. 1. Short title. This Act may be cited as the Electric |
4 | | Vehicle Rebate Alternate Fuels Act.
|
5 | | (Source: P.A. 89-410.)
|
6 | | (415 ILCS 120/5)
|
7 | | Sec. 5. Purpose. The General Assembly declares that
it is |
8 | | the public policy of the State to promote and encourage
the use |
9 | | of electric alternate fuel in vehicles as a means to improve |
10 | | air
quality and reduce the risks from global warming in the |
11 | | State and to meet the requirements of the federal
Clean Air Act |
12 | | Amendments of 1990 and the federal Energy Policy
Act of 1992 . |
13 | | The General Assembly further declares that the
State can play |
14 | | a leadership role in increasing usage the development of |
15 | | vehicles
powered by electricity alternate fuels, as well as in |
16 | | the establishment of
the necessary infrastructure to support |
17 | | this emerging technology .
|
18 | | (Source: P.A. 89-410.)
|
19 | | (415 ILCS 120/10)
|
20 | | Sec. 10. Definitions. As used in this Act:
|
21 | | "Agency" means the Environmental Protection Agency.
|
22 | | "Alternate fuel" means liquid petroleum gas, natural gas,
|
23 | | E85 blend fuel, fuel composed of a minimum 80% ethanol, 80%
|
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1 | | bio-based
methanol, fuels that are at least 80% derived from |
2 | | biomass,
hydrogen fuel, or
electricity, excluding on-board |
3 | | electric generation.
|
4 | | "Alternate fuel vehicle" means any vehicle that is
|
5 | | operated in Illinois and is capable of using an alternate |
6 | | fuel.
|
7 | | "Biodiesel fuel" means a renewable fuel conforming to the |
8 | | industry standard
ASTM-D6751 and registered with the U.S. |
9 | | Environmental Protection Agency.
|
10 | | "Car sharing organization" means an organization whose |
11 | | primary business is a membership-based service that allows |
12 | | members to drive cars by the hour in order to extend the public |
13 | | transit system, reduce personal car ownership, save consumers |
14 | | money, increase the use of alternative transportation, and |
15 | | improve environmental sustainability. |
16 | | "Conventional", when used to modify the word "vehicle",
|
17 | | "engine", or "fuel", means gasoline or diesel or any
|
18 | | reformulations of those fuels.
|
19 | | "Covered Area" means the counties of Cook, DuPage, Kane, |
20 | | Lake, McHenry, and
Will , the townships of Aux Sable and Goose |
21 | | Lake in Grundy County, and the township of Oswego in Kendall |
22 | | County and those portions of Grundy County and Kendall County |
23 | | that are included
in the following ZIP code areas, as |
24 | | designated by the U.S. Postal Service on
the effective date of |
25 | | this amendatory Act of 1998: 60416, 60444, 60447, 60450,
|
26 | | 60481, 60538, and 60543 .
|
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1 | | "Director" means the Director of the Environmental |
2 | | Protection Agency.
|
3 | | "Domestic renewable fuel" means a fuel, produced in the
|
4 | | United States, composed of a minimum 80% ethanol, 80% |
5 | | bio-based
methanol, or 20% biodiesel fuel.
|
6 | | "E85 blend fuel" means fuel that contains 85% ethanol and |
7 | | 15% gasoline.
|
8 | | "Electric vehicle" means a vehicle that is exclusively |
9 | | powered by and refueled by electricity, must be plugged in to |
10 | | charge, and is licensed to drive on public roadways. "Electric |
11 | | Vehicle" does not include electric motorcycles, or hybrid |
12 | | electric vehicles and extended-range electric vehicles that |
13 | | are also equipped with conventional fueled propulsion or |
14 | | auxiliary engines. |
15 | | "Environmental justice community" has the same meaning, |
16 | | based on existing methodologies and findings, used and as may |
17 | | be updated by the Illinois Power Agency and its Program |
18 | | Administrator of the Illinois Solar for All Program. |
19 | | "Low income" means persons and families whose income does
|
20 | | not exceed 80% of the State median income for the current State |
21 | | fiscal year, as established by the United States Department of |
22 | | Health and Human Services. licensed to drive on public |
23 | | roadways, is predominantly powered by, and primarily refueled |
24 | | with, electricity, and does not have restrictions confining it |
25 | | to operate on only certain types of streets or roads. |
26 | | "GVWR" means Gross Vehicle Weight Rating.
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1 | | "Location" means (i) a parcel of real property or (ii)
|
2 | | multiple, contiguous parcels of real property that are |
3 | | separated
by private roadways, public roadways, or private or |
4 | | public
rights-of-way and are owned, operated, leased, or under |
5 | | common
control of one party.
|
6 | | "Original equipment manufacturer" or "OEM" means a
|
7 | | manufacturer of alternate fuel vehicles or a manufacturer or
|
8 | | remanufacturer of alternate fuel engines used in vehicles |
9 | | greater
than 8500 pounds GVWR.
|
10 | | "Rental vehicle" means any motor vehicle that is owned
or |
11 | | controlled primarily for the purpose of short-term leasing or
|
12 | | rental pursuant to a contract.
|
13 | | (Source: P.A. 97-90, eff. 7-11-11.)
|
14 | | (415 ILCS 120/15)
|
15 | | Sec. 15. Rulemaking. The Agency shall promulgate rules as |
16 | | necessary
and dedicate sufficient resources to implement the |
17 | | purposes of
Section 27 30 of this Act. Such rules shall be
|
18 | | consistent with applicable the provisions of the Clean Air Act |
19 | | Amendments of 1990 and any
regulations promulgated pursuant |
20 | | thereto. The Secretary of State may
promulgate rules to |
21 | | implement Section 35 of this Act. The Department of
Commerce |
22 | | and Economic Opportunity may promulgate rules to implement |
23 | | Section 25 of
this Act.
|
24 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
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| | SB2408 Enrolled | - 945 - | LRB102 11366 BMS 16699 b |
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1 | | (415 ILCS 120/27 new) |
2 | | Sec. 27. Electric vehicle rebate. |
3 | | (a) Beginning July 1, 2022, and continuing as long as |
4 | | funds are available, each person shall be eligible to apply |
5 | | for a rebate, in the amounts set forth below, following the |
6 | | purchase of an electric vehicle in Illinois. The Agency shall |
7 | | issue rebates consistent with the provisions of this Act and |
8 | | any implementing regulations adopted by the Agency. In no |
9 | | event shall a rebate amount exceed the purchase price of the |
10 | | vehicle. |
11 | | (1) Beginning July 1, 2022, a $4,000 rebate for the |
12 | | purchase of an electric vehicle. |
13 | | (2) Beginning July 1, 2026, a $2,000 rebate for the |
14 | | purchase of an electric vehicle. |
15 | | (3) Beginning July 1, 2028, a $1,000 rebate for the |
16 | | purchase of an electric vehicle. |
17 | | (b) To be eligible to receive a rebate, a purchaser must: |
18 | | (1) Reside in Illinois, both at the time the vehicle |
19 | | was purchased and at the time the rebate is issued. |
20 | | (2) Purchase an electric vehicle in Illinois on or |
21 | | after July 1, 2022 and be the owner of the vehicle at the |
22 | | time the rebate is issued. Rented or leased vehicles, |
23 | | vehicles purchased from an out-of-state dealership, and |
24 | | vehicles delivered to or received by the purchaser |
25 | | out-of-state are not eligible for a rebate under this Act. |
26 | | (3) Apply for the rebate within 90 days after the |
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| | SB2408 Enrolled | - 946 - | LRB102 11366 BMS 16699 b |
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1 | | vehicle purchase date, and provide to the Agency proof of |
2 | | residence, proof of vehicle ownership, and proof that the |
3 | | vehicle was purchased in Illinois, including a copy of a |
4 | | purchase agreement noting an Illinois seller. The |
5 | | purchaser must notify the Agency of any changes in |
6 | | residency or ownership of the vehicle that occur between |
7 | | application for a rebate and issuance of a rebate. |
8 | | (c) The Agency shall make available in application |
9 | | materials methods for purchasers to identify as low-income. |
10 | | The Agency shall prioritize the review of qualified |
11 | | applications from low-income purchasers and award rebates to |
12 | | qualified purchasers accordingly. |
13 | | (d) The purchaser must retain ownership of the vehicle for |
14 | | a minimum of 12 consecutive months immediately after the |
15 | | vehicle purchase date. The purchaser must continue to reside |
16 | | in a covered area during that time frame and register the |
17 | | vehicle in Illinois during that time frame. Rebate recipients |
18 | | who fail to satisfy any of the above criteria will be required |
19 | | to reimburse the Agency all or part of the original rebate |
20 | | amount and shall notify the Agency within 60 days of failing to |
21 | | satisfy the criteria. |
22 | | (e) Rebates administered under this Section shall be |
23 | | available for both new and used passenger electric vehicles. |
24 | | (f) A rebate administered under this Act may only be |
25 | | applied for and awarded one time per vehicle identification |
26 | | number. A rebate may only be applied for and awarded once per |
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1 | | purchaser in any 10-year period.
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2 | | (415 ILCS 120/35)
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3 | | Sec. 35. User fees.
|
4 | | (a) The Office of
the Secretary of State shall collect |
5 | | annual user fees from any individual,
partnership, |
6 | | association, corporation, or agency of the United States
|
7 | | government that registers any combination of 10 or more of the |
8 | | following types
of motor vehicles in the Covered Area: (1) |
9 | | vehicles of the First Division,
as defined in the Illinois |
10 | | Vehicle Code; (2) vehicles of the Second Division
registered |
11 | | under the B, C, D, F, H, MD, MF, MG, MH and MJ plate |
12 | | categories, as
defined in the Illinois Vehicle Code; and (3) |
13 | | commuter vans and livery vehicles
as defined in the Illinois |
14 | | Vehicle Code. This Section does not apply to
vehicles |
15 | | registered under the International Registration Plan under |
16 | | Section
3-402.1 of the Illinois Vehicle Code. The user fee |
17 | | shall be $20 for each
vehicle registered in the Covered Area |
18 | | for each fiscal year. The Office of
the Secretary of State |
19 | | shall collect the $20 when a vehicle's registration
fee is |
20 | | paid.
|
21 | | (b) Owners of State, county, and local government
|
22 | | vehicles, rental vehicles, antique vehicles, expanded-use |
23 | | antique vehicles, electric vehicles,
and motorcycles are |
24 | | exempt from paying the user fees on such
vehicles.
|
25 | | (c) The Office of the Secretary of State shall deposit the |
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1 | | user fees
collected into the Electric Vehicle Rebate Alternate |
2 | | Fuels Fund.
|
3 | | (Source: P.A. 101-505, eff. 1-1-20 .)
|
4 | | (415 ILCS 120/40)
|
5 | | Sec. 40. Appropriations from the Electric Vehicle Rebate |
6 | | Alternate Fuels Fund.
|
7 | | (a) User Fees Funds. The Agency shall estimate the amount |
8 | | of user fees
expected to be collected under Section 35 of this |
9 | | Act for each fiscal
year. User fee funds shall be
deposited |
10 | | into and distributed from the Alternate Fuels Fund in the |
11 | | following
manner:
|
12 | | (1) In each of fiscal years 1999, 2000, 2001, 2002, |
13 | | and 2003,
an amount not to exceed $200,000, and beginning |
14 | | in fiscal year 2004 an
annual amount not to exceed |
15 | | $225,000, may be appropriated to the Agency
from the |
16 | | Alternate Fuels Fund to pay its costs of administering the |
17 | | programs
authorized by Section 27 30 of this Act. Up to |
18 | | $200,000 may be appropriated to
the Office of the |
19 | | Secretary of State in each of fiscal years 1999, 2000, |
20 | | 2001, 2002, and 2003 from the Alternate Fuels Fund to pay |
21 | | the Secretary
of State's costs of administering the |
22 | | programs authorized under this Act.
Beginning in fiscal |
23 | | year 2004 and in each fiscal year thereafter, an amount
|
24 | | not to exceed $225,000 may be appropriated to the |
25 | | Secretary of State from the
Alternate Fuels Fund to pay |
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1 | | the Secretary of State's costs of administering the
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2 | | programs authorized under this Act.
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3 | | (2) In fiscal year 2022 and each fiscal year |
4 | | thereafter years 1999, 2000, 2001, and 2002 , after |
5 | | appropriation of
the amounts authorized by item (1) of |
6 | | subsection (a) of this Section, the
remaining moneys |
7 | | estimated to be
collected during each fiscal year shall be |
8 | | appropriated as follows: 80% of
the remaining moneys shall |
9 | | be appropriated to fund the programs authorized by
Section |
10 | | 30, and 20% shall be appropriated to fund the programs |
11 | | authorized by
Section 25. In fiscal year 2004 and each |
12 | | fiscal year thereafter, after
appropriation of the amounts |
13 | | authorized by item (1) of subsection (a) of this
Section, |
14 | | the remaining moneys estimated to be collected during each |
15 | | fiscal year
shall be appropriated as follows: 70% of the |
16 | | remaining moneys shall be
appropriated to fund the |
17 | | programs authorized by Section 30 and 30% shall be
|
18 | | appropriated to fund the programs authorized by Section |
19 | | 31 .
|
20 | | (3) (Blank).
|
21 | | (4) Moneys appropriated to fund the programs |
22 | | authorized
in Sections 25 and 30 shall be expended only |
23 | | after they have been
collected and deposited into the |
24 | | Alternate Fuels Fund.
|
25 | | (b) General Revenue Fund Appropriations. General Revenue |
26 | | Fund amounts
appropriated to and deposited into the Electric |
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1 | | Vehicle Rebate Alternate Fuels Fund shall be
distributed from |
2 | | the Electric Vehicle Rebate Alternate Fuels Fund to fund the |
3 | | program authorized in Section 27. in the following manner:
|
4 | | (1) In each of fiscal years 2003 and 2004, an amount |
5 | | not to exceed
$50,000 may be appropriated to the
|
6 | | Department of Commerce and Community Affairs
(now |
7 | | Department of Commerce and Economic Opportunity) from the |
8 | | Alternate Fuels Fund to pay
its costs of administering the |
9 | | programs authorized by Sections 31 and 32.
|
10 | | (2) In each of fiscal years 2003 and 2004, an amount |
11 | | not to exceed
$50,000 may be appropriated to the |
12 | | Department of Commerce and Community Affairs
(now |
13 | | Department of Commerce and Economic Opportunity) to fund |
14 | | the programs authorized by Section 32.
|
15 | | (3) In each of fiscal years 2003 and 2004, after |
16 | | appropriation of the
amounts authorized in items (1) and |
17 | | (2) of subsection (b) of this Section, the
remaining |
18 | | moneys received from the General Revenue Fund shall be |
19 | | appropriated
as follows: 52.632% of the remaining moneys |
20 | | shall be appropriated to fund the
programs authorized by |
21 | | Sections 25 and 30 and 47.368% of the remaining moneys
|
22 | | shall be appropriated to fund the programs authorized by |
23 | | Section 31.
The moneys appropriated to fund the programs |
24 | | authorized by Sections 25
and 30 shall be used as follows: |
25 | | 20% shall be used to fund the
programs authorized by |
26 | | Section 25, and 80% shall be used to fund
the programs |
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1 | | authorized by Section 30.
|
2 | | Moneys appropriated to fund the programs authorized in |
3 | | Section 31
shall be expended only after they have been |
4 | | deposited into the
Alternate Fuels Fund.
|
5 | | (Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
|
6 | | (415 ILCS 120/45)
|
7 | | Sec. 45.
Electric Vehicle Rebate Alternate Fuels Fund; |
8 | | creation; deposit of
user fees. A separate fund in the State |
9 | | Treasury called the
Electric Vehicle Rebate Alternate Fuels |
10 | | Fund is created, into which shall be
transferred the user fees |
11 | | as provided in Section 35 and any
other revenues, deposits, |
12 | | State appropriations, contributions, grants,
gifts, bequests, |
13 | | legacies of money and securities, or transfers as provided
by |
14 | | law from, without limitation, governmental entities, private |
15 | | sources,
foundations, trade associations, industry |
16 | | organizations, and not-for-profit
organizations.
|
17 | | (Source: P.A. 92-858, eff. 1-3-03.)
|
18 | | (415 ILCS 120/20 rep.) |
19 | | (415 ILCS 120/22 rep.) |
20 | | (415 ILCS 120/24 rep.) |
21 | | (415 ILCS 120/30 rep.) |
22 | | (415 ILCS 120/31 rep.) |
23 | | (415 ILCS 120/32 rep.) |
24 | | Section 90-57. The Alternate Fuels Act is amended by |
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1 | | repealing Sections 20, 22, 24, 30, 31, and 32. |
2 | | Section 90-59. The Illinois Vehicle Code is amended by |
3 | | changing Section 13C-10 as follows: |
4 | | (625 ILCS 5/13C-10) |
5 | | Sec. 13C-10. Program. |
6 | | (a) The Agency shall establish a program to begin February |
7 | | 1, 2007, to reduce the emission of pollutants by motor |
8 | | vehicles. This program shall be a replacement for and |
9 | | continuation of the program established under the Vehicle |
10 | | Emissions Inspection Law of 1995, Chapter 13B of this Code. |
11 | | At a minimum, this program shall provide for all of the |
12 | | following: |
13 | | (1) The inspection of certain motor vehicles every 2 |
14 | | years, as required under Section 13C-15. |
15 | | (2) The establishment and operation of official |
16 | | inspection stations. |
17 | | (3) The designation of official test equipment and |
18 | | testing procedures. |
19 | | (4)
The training and supervision of inspectors and |
20 | | other personnel. |
21 | | (5) Procedures to assure the correct operation, |
22 | | maintenance, and calibration of test equipment. |
23 | | (6) Procedures for certifying test results and for |
24 | | reporting and maintaining relevant data and records. |
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1 | | (7) The funding of electric vehicle alternate fuel |
2 | | rebates and grants as authorized by the Electric Vehicle |
3 | | Rebate Section 30 of the Alternate Fuels Act. |
4 | | (b) The Agency shall provide for the operation of a |
5 | | sufficient number of official inspection stations to prevent |
6 | | undue difficulty for motorists to obtain the inspections |
7 | | required under this Chapter. In the event that the Agency |
8 | | operates inspection stations or contracts with one or more |
9 | | parties to operate inspection stations on its behalf, the |
10 | | Agency shall endeavor to: (i) locate the stations so that the |
11 | | owners of vehicles subject to inspection reside within 12 |
12 | | miles of an official inspection station; and (ii) have |
13 | | sufficient inspection capacity at the stations so that the |
14 | | usual wait before the start of an inspection does not exceed 15 |
15 | | minutes.
|
16 | | (Source: P.A. 98-24, eff. 6-19-13.) |
17 | | Section 90-60. The Illinois Worker Adjustment and
|
18 | | Retraining Notification Act is amended by changing Section 10 |
19 | | as follows: |
20 | | (820 ILCS 65/10)
|
21 | | Sec. 10. Notice. |
22 | | (a) An employer may not order a mass layoff, relocation, |
23 | | or employment loss unless, 60 days before the order takes |
24 | | effect, the employer gives written notice of the order to the |
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1 | | following: |
2 | | (1) affected employees and representatives of affected |
3 | | employees; and |
4 | | (2) the Department of Commerce and Economic |
5 | | Opportunity and the chief elected official of each |
6 | | municipal and county government within which the |
7 | | employment loss, relocation, or mass layoff occurs. |
8 | | (a-5) An owner of an investor-owned electric generating
|
9 | | plant or coal mining operation may not order a mass layoff,
|
10 | | relocation, or employment loss unless, 2 years before the
|
11 | | order takes effect, the employer gives written notice of the
|
12 | | order to the following: |
13 | | (1) affected employees and representatives of affected
|
14 | | employees; and |
15 | | (2) the Department of Commerce and Economic
|
16 | | Opportunity and the chief elected official of each
|
17 | | municipal and county government within which the
|
18 | | employment loss, relocation, or mass layoff occurs. |
19 | | (b) An employer required to give notice of any mass |
20 | | layoff, relocation, or employment loss under this Act shall |
21 | | include in its notice the elements required by the federal |
22 | | Worker Adjustment and Retraining Notification Act (29 U.S.C. |
23 | | 2101 et seq.). |
24 | | (c) Notwithstanding the requirements of subsection (a), an |
25 | | employer is not required to provide notice if a mass layoff, |
26 | | relocation, or employment loss is necessitated by a physical |
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1 | | calamity or an act of terrorism or war. |
2 | | (d) The mailing of notice to an employee's last known |
3 | | address or inclusion of notice in the employee's paycheck |
4 | | shall be considered acceptable methods for fulfillment of the |
5 | | employer's obligation to give notice to each affected employee |
6 | | under this Act. |
7 | | (e) In the case of a sale of part or all of an employer's |
8 | | business, the seller shall be responsible for providing notice |
9 | | for any plant closing or mass layoff in accordance with this |
10 | | Section, up to and including the effective date of the sale. |
11 | | After the effective date of the sale of part or all of an |
12 | | employer's business, the purchaser shall be responsible for |
13 | | providing notice for any plant closing or mass layoff in |
14 | | accordance with this Section. Notwithstanding any other |
15 | | provision of this Act, any person who is an employee of the |
16 | | seller (other than a part-time employee) as of the effective |
17 | | date of the sale shall be considered an employee of the |
18 | | purchaser immediately after the effective date of the sale. |
19 | | (f) An employer which is receiving State or local economic |
20 | | development incentives for doing or continuing to do business |
21 | | in this State may be required to provide additional notice |
22 | | pursuant to Section 15 of the Business Economic Support Act. |
23 | | (g) The rights and remedies provided to employees by this |
24 | | Act are in
addition to, and not in lieu of, any other |
25 | | contractual or statutory
rights and remedies of the employees, |
26 | | and are not intended to alter or
affect such rights and |
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1 | | remedies, except that the period of notification
required by |
2 | | this Act shall run concurrently with any period of
|
3 | | notification required by contract or by any other law. |
4 | | (h) It is the sense of the General Assembly that an |
5 | | employer who is not required to comply with the notice |
6 | | requirements of this Section should, to the extent possible, |
7 | | provide notice to its employees about a proposal to close a |
8 | | plant or permanently reduce its workforce.
|
9 | | (Source: P.A. 93-915, eff. 1-1-05.) |
10 | | Article 99. Miscellaneous Provisions; Effective Date |
11 | | Section 99-95. No acceleration or delay. Where this Act |
12 | | makes changes in a statute that is represented in this Act by |
13 | | text that is not yet or no longer in effect (for example, a |
14 | | Section represented by multiple versions), the use of that |
15 | | text does not accelerate or delay the taking effect of (i) the |
16 | | changes made by this Act or (ii) provisions derived from any |
17 | | other Public Act. |
18 | | Section 99-97. Severability. The provisions of this Act |
19 | | are severable under Section 1.31 of the Statute on Statutes.
|
20 | | Section 99-99. Effective date. This Act takes effect upon |
21 | | becoming law.
|