Rep. Lawrence Walsh, Jr.

Filed: 4/7/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3866, AS AMENDED,
3by inserting the following in its proper numeric sequence:
"Article 4.

5    Section 4-5. The Public Utilities Act is amended by
6changing Section 8-218 as follows:
7    (220 ILCS 5/8-218)
8    Sec. 8-218. Utility-scale pilot projects.
9    (a) Electric utilities serving greater than 500,000
10customers but less than 3,000,000 customers may propose, plan
11for, construct, install, control, own, manage, or operate up
12to 2 pilot projects consisting of utility-scale photovoltaic
13energy generation facilities. Energy storage facilities that
14are planned for, constructed, installed, controlled, owned,
15managed, or operated may be constructed in connection with the



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1photovoltaic electricity generation pilot projects.
2    (b) Pilot projects shall be sited in equity investment
3eligible communities or a census block immediately adjacent to
4an equity investment eligible community in or near the cities
5towns of Peoria and East St. Louis and must result in economic
6benefits for the cities of Peoria and East St. Louis and the
7members of the communities in which the project will be
8located. The amount paid per pilot project with or without
9energy storage facilities cannot exceed $20,000,000. The
10electric utility's costs of planning for, constructing,
11installing, controlling, owning, managing, or operating the
12photovoltaic electricity generation facilities and energy
13storage facilities may be recovered, on a kilowatt hour basis,
14via an automatic adjustment clause tariff applicable to all
15retail customers, with the tariff to be approved by the
16Commission after opportunity for review, and with an annual
17reconciliation component; and for purposes of cost recovery,
18the photovoltaic electricity production facilities may be
19treated as regulatory assets, using the same ratemaking
20treatment in paragraph (1) of subsection (h) of Section
2116-107.6 of this Act, provided: (1) the Commission shall have
22the authority to determine the reasonableness of the costs of
23the facilities, and (2) any monetary value of power and energy
24from the facilities shall be credited against the delivery
25services revenue requirement.
26    (c) Any electric utility seeking to propose, plan for,



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1construct, install, control, own, manage, or operate a pilot
2project pursuant to this Section must commit to using a
3diverse and equitable workforce and a diverse set of
4contractors, including minority-owned businesses,
5disadvantaged businesses, trade unions, graduates of any
6workforce training programs established by this amendatory Act
7of the 102nd General Assembly, and small businesses. An
8electric utility must comply with the equity commitment
9requirements in subsection (c-10) of Section 1-75 of the
10Illinois Power Agency Act. The electric utility must certify
11that not less than the prevailing wage will be paid to
12employees engaged in construction activities associated with
13the pilot project. The electric utility must file a project
14labor agreement, as defined in the Illinois Power Agency Act,
15with the Commission prior to constructing, installing,
16controlling, or owning a pilot project authorized by this
18(Source: P.A. 102-662, eff. 9-15-21.)".