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1 | AN ACT concerning State government.
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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 | Section 5. The Illinois Power Agency Act is amended by | |||||||||||||||||||||||||||||||
5 | changing Sections 1-5, 1-10, and 1-20 and by adding Section | |||||||||||||||||||||||||||||||
6 | 1-93 and 1-94 as follows: | |||||||||||||||||||||||||||||||
7 | (20 ILCS 3855/1-5) | |||||||||||||||||||||||||||||||
8 | Sec. 1-5. Legislative declarations and findings. The | |||||||||||||||||||||||||||||||
9 | General Assembly finds and declares: | |||||||||||||||||||||||||||||||
10 | (1) The health, welfare, and prosperity of all | |||||||||||||||||||||||||||||||
11 | Illinois residents require the provision of adequate, | |||||||||||||||||||||||||||||||
12 | reliable, affordable, efficient, and environmentally | |||||||||||||||||||||||||||||||
13 | sustainable electric service at the lowest total cost over | |||||||||||||||||||||||||||||||
14 | time, taking into account any benefits of price stability. | |||||||||||||||||||||||||||||||
15 | (1.5) To provide the highest quality of life for the | |||||||||||||||||||||||||||||||
16 | residents of Illinois and to provide for a clean and | |||||||||||||||||||||||||||||||
17 | healthy environment, it is the policy of this State to | |||||||||||||||||||||||||||||||
18 | rapidly transition to 100% clean energy by 2050. | |||||||||||||||||||||||||||||||
19 | (2) (Blank). | |||||||||||||||||||||||||||||||
20 | (3) (Blank). | |||||||||||||||||||||||||||||||
21 | (4) It is necessary to improve the process of | |||||||||||||||||||||||||||||||
22 | procuring electricity to serve Illinois residents, to | |||||||||||||||||||||||||||||||
23 | promote investment in energy efficiency and |
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1 | demand-response measures, and to maintain and support | ||||||
2 | development of clean coal technologies, generation | ||||||
3 | resources that operate at all hours of the day and under | ||||||
4 | all weather conditions, zero emission facilities, and | ||||||
5 | renewable resources. | ||||||
6 | (5) Procuring a diverse electricity supply portfolio | ||||||
7 | will ensure the lowest total cost over time for adequate, | ||||||
8 | reliable, efficient, and environmentally sustainable | ||||||
9 | electric service. | ||||||
10 | (6) Including renewable resources and zero emission | ||||||
11 | credits from zero emission facilities in that portfolio | ||||||
12 | will reduce long-term direct and indirect costs to | ||||||
13 | consumers by decreasing environmental impacts and by | ||||||
14 | avoiding or delaying the need for new generation, | ||||||
15 | transmission, and distribution infrastructure. Developing | ||||||
16 | new renewable energy resources in Illinois, including | ||||||
17 | brownfield solar projects and community solar projects, | ||||||
18 | will help to diversify Illinois electricity supply, avoid | ||||||
19 | and reduce pollution, reduce peak demand, and enhance | ||||||
20 | public health and well-being of Illinois residents. | ||||||
21 | (7) Developing community solar projects in Illinois | ||||||
22 | will help to expand access to renewable energy resources | ||||||
23 | to more Illinois residents. | ||||||
24 | (8) Developing brownfield solar projects in Illinois | ||||||
25 | will help return blighted or contaminated land to | ||||||
26 | productive use while enhancing public health and the |
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1 | well-being of Illinois residents, including those in | ||||||
2 | environmental justice communities. | ||||||
3 | (9) Energy efficiency, demand-response measures, zero | ||||||
4 | emission energy, and renewable energy are resources | ||||||
5 | currently underused in Illinois. These resources should be | ||||||
6 | used, when cost effective, to reduce costs to consumers, | ||||||
7 | improve reliability, and improve environmental quality and | ||||||
8 | public health. | ||||||
9 | (10) The State should encourage the use of advanced | ||||||
10 | clean coal technologies that capture and sequester carbon | ||||||
11 | dioxide emissions to advance environmental protection | ||||||
12 | goals and to demonstrate the viability of coal and | ||||||
13 | coal-derived fuels in a carbon-constrained economy. | ||||||
14 | (10.5) The State should encourage the development of | ||||||
15 | interregional high voltage direct current (HVDC) | ||||||
16 | transmission lines that benefit Illinois. All ratepayers | ||||||
17 | in the State served by the regional transmission | ||||||
18 | organization where the HVDC converter station is | ||||||
19 | interconnected benefit from the long-term price stability | ||||||
20 | and market access provided by interregional HVDC | ||||||
21 | transmission facilities. The benefits to Illinois include: | ||||||
22 | reduction in wholesale power prices; access to lower-cost | ||||||
23 | markets; enabling the integration of additional renewable | ||||||
24 | generating units within the State through near | ||||||
25 | instantaneous dispatchability and the provision of | ||||||
26 | ancillary services; creating good-paying union jobs in |
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1 | Illinois; and, enhancing grid reliability and climate | ||||||
2 | resilience via HVDC facilities that are installed | ||||||
3 | underground. | ||||||
4 | (10.6) The health, welfare, and safety of the people | ||||||
5 | of the State are advanced by developing new HVDC | ||||||
6 | transmission lines predominantly along transportation | ||||||
7 | rights-of-way, with an HVDC converter station that is | ||||||
8 | located in the service territory of a public utility as | ||||||
9 | defined in Section 3-105 of the Public Utilities Act | ||||||
10 | serving more than 3,000,000 retail customers, and with a | ||||||
11 | project labor agreement as defined in Section 1-10 of this | ||||||
12 | Act. | ||||||
13 | (11) The General Assembly enacted Public Act 96-0795 | ||||||
14 | to reform the State's purchasing processes, recognizing | ||||||
15 | that government procurement is susceptible to abuse if | ||||||
16 | structural and procedural safeguards are not in place to | ||||||
17 | ensure independence, insulation, oversight, and | ||||||
18 | transparency. | ||||||
19 | (12) The principles that underlie the procurement | ||||||
20 | reform legislation apply also in the context of power | ||||||
21 | purchasing. | ||||||
22 | (13) To ensure that the benefits of installing | ||||||
23 | renewable resources are available to all Illinois | ||||||
24 | residents and located across the State, subject to | ||||||
25 | appropriation, it is necessary for the Agency to provide | ||||||
26 | public information and educational resources on how |
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1 | residents can benefit from the expansion of renewable | ||||||
2 | energy in Illinois and participate in the Illinois Solar | ||||||
3 | for All Program established in Section 1-56, the | ||||||
4 | Adjustable Block program established in Section 1-75, the | ||||||
5 | job training programs established by paragraph (1) of | ||||||
6 | subsection (a) of Section 16-108.12 of the Public | ||||||
7 | Utilities Act, and the programs and resources established | ||||||
8 | by the Energy Transition Act. | ||||||
9 | (14) The deployment of energy storage systems is | ||||||
10 | necessary to achieve high levels of renewable energy, to | ||||||
11 | avoid the use of peaking fossil fuel plants, and to | ||||||
12 | maintain an efficient, reliable, and resilient electric | ||||||
13 | grid. | ||||||
14 | The General Assembly therefore finds that it is necessary | ||||||
15 | to create the Illinois Power Agency and that the goals and | ||||||
16 | objectives of that Agency are to accomplish each of the | ||||||
17 | following: | ||||||
18 | (A) Develop electricity procurement plans to ensure | ||||||
19 | adequate, reliable, affordable, efficient, and | ||||||
20 | environmentally sustainable electric service at the lowest | ||||||
21 | total cost over time, taking into account any benefits of | ||||||
22 | price stability, for electric utilities that on December | ||||||
23 | 31, 2005 provided electric service to at least 100,000 | ||||||
24 | customers in Illinois and for small multi-jurisdictional | ||||||
25 | electric utilities that (i) on December 31, 2005 served | ||||||
26 | less than 100,000 customers in Illinois and (ii) request a |
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1 | procurement plan for their Illinois jurisdictional load. | ||||||
2 | The procurement plan shall be updated on an annual basis | ||||||
3 | and shall include renewable energy resources and, | ||||||
4 | beginning with the delivery year commencing June 1, 2017, | ||||||
5 | zero emission credits from zero emission facilities | ||||||
6 | sufficient to achieve the standards specified in this Act. | ||||||
7 | (B) Conduct the competitive procurement processes | ||||||
8 | identified in this Act. | ||||||
9 | (C) Develop electric generation and co-generation | ||||||
10 | facilities that use indigenous coal or renewable | ||||||
11 | resources, or both, financed with bonds issued by the | ||||||
12 | Illinois Finance Authority. | ||||||
13 | (D) Supply electricity from the Agency's facilities at | ||||||
14 | cost to one or more of the following: municipal electric | ||||||
15 | systems, governmental aggregators, or rural electric | ||||||
16 | cooperatives in Illinois.
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17 | (E) Ensure that the process of power procurement is | ||||||
18 | conducted in an ethical and transparent fashion, immune | ||||||
19 | from improper influence. | ||||||
20 | (F) Continue to review its policies and practices to | ||||||
21 | determine how best to meet its mission of providing the | ||||||
22 | lowest cost power to the greatest number of people, at any | ||||||
23 | given point in time, in accordance with applicable law. | ||||||
24 | (G) Operate in a structurally insulated, independent, | ||||||
25 | and transparent fashion so that nothing impedes the | ||||||
26 | Agency's mission to secure power at the best prices the |
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1 | market will bear, provided that the Agency meets all | ||||||
2 | applicable legal requirements. | ||||||
3 | (H) Implement renewable energy procurement and | ||||||
4 | training programs throughout the State to diversify | ||||||
5 | Illinois electricity supply, improve reliability, avoid | ||||||
6 | and reduce pollution, reduce peak demand, and enhance | ||||||
7 | public health and well-being of Illinois residents, | ||||||
8 | including low-income residents. | ||||||
9 | (I) Implement procurement of energy storage credits to | ||||||
10 | cost-effectively deploy contracted energy storage systems. | ||||||
11 | (Source: P.A. 102-662, eff. 9-15-21.)
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12 | (20 ILCS 3855/1-10)
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13 | Sec. 1-10. Definitions. | ||||||
14 | "Agency" means the Illinois Power Agency. | ||||||
15 | "Agency loan agreement" means any agreement pursuant to | ||||||
16 | which the Illinois Finance Authority agrees to loan the | ||||||
17 | proceeds of revenue bonds issued with respect to a project to | ||||||
18 | the Agency upon terms providing for loan repayment | ||||||
19 | installments at least sufficient to pay when due all principal | ||||||
20 | of, interest and premium, if any, on those revenue bonds, and | ||||||
21 | providing for maintenance, insurance, and other matters in | ||||||
22 | respect of the project. | ||||||
23 | "Authority" means the Illinois Finance Authority. | ||||||
24 | "Brownfield site photovoltaic project" means photovoltaics | ||||||
25 | that are either: |
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1 | (1) interconnected to an electric utility as defined | ||||||
2 | in this Section, a municipal utility as defined in this | ||||||
3 | Section, a public utility as defined in Section 3-105 of | ||||||
4 | the Public Utilities Act, or an electric cooperative as | ||||||
5 | defined in Section 3-119 of the Public Utilities Act and | ||||||
6 | located at a site that is regulated by any of the following | ||||||
7 | entities under the following programs: | ||||||
8 | (A) the United States Environmental Protection | ||||||
9 | Agency under the federal Comprehensive Environmental | ||||||
10 | Response, Compensation, and Liability Act of 1980, as | ||||||
11 | amended; | ||||||
12 | (B) the United States Environmental Protection | ||||||
13 | Agency under the Corrective Action Program of the | ||||||
14 | federal Resource Conservation and Recovery Act, as | ||||||
15 | amended; | ||||||
16 | (C) the Illinois Environmental Protection Agency | ||||||
17 | under the Illinois Site Remediation Program; or | ||||||
18 | (D) the Illinois Environmental Protection Agency | ||||||
19 | under the Illinois Solid Waste Program; or | ||||||
20 | (2) located at the site of a coal mine that has
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21 | permanently ceased coal production, permanently halted any | ||||||
22 | re-mining operations, and is no longer accepting any coal | ||||||
23 | combustion residues; has both completed all clean-up and | ||||||
24 | remediation obligations under
the federal Surface Mining | ||||||
25 | and Reclamation Act of 1977 and all applicable Illinois | ||||||
26 | rules and any other clean-up, remediation, or ongoing |
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1 | monitoring to safeguard the health and well-being of the | ||||||
2 | people of the State of Illinois, as well as demonstrated | ||||||
3 | compliance with all applicable federal and State | ||||||
4 | environmental rules and regulations, including, but not | ||||||
5 | limited, to 35 Ill. Adm. Code Part 845 and any rules for | ||||||
6 | historic fill of coal combustion residuals, including any | ||||||
7 | rules finalized in Subdocket A of Illinois Pollution | ||||||
8 | Control Board docket R2020-019. | ||||||
9 | "Clean coal facility" means an electric generating | ||||||
10 | facility that uses primarily coal as a feedstock and that | ||||||
11 | captures and sequesters carbon dioxide emissions at the | ||||||
12 | following levels: at least 50% of the total carbon dioxide | ||||||
13 | emissions that the facility would otherwise emit if, at the | ||||||
14 | time construction commences, the facility is scheduled to | ||||||
15 | commence operation before 2016, at least 70% of the total | ||||||
16 | carbon dioxide emissions that the facility would otherwise | ||||||
17 | emit if, at the time construction commences, the facility is | ||||||
18 | scheduled to commence operation during 2016 or 2017, and at | ||||||
19 | least 90% of the total carbon dioxide emissions that the | ||||||
20 | facility would otherwise emit if, at the time construction | ||||||
21 | commences, the facility is scheduled to commence operation | ||||||
22 | after 2017. The power block of the clean coal facility shall | ||||||
23 | not exceed allowable emission rates for sulfur dioxide, | ||||||
24 | nitrogen oxides, carbon monoxide, particulates and mercury for | ||||||
25 | a natural gas-fired combined-cycle facility the same size as | ||||||
26 | and in the same location as the clean coal facility at the time |
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1 | the clean coal facility obtains an approved air permit. All | ||||||
2 | coal used by a clean coal facility shall have high volatile | ||||||
3 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
4 | million Btu btu content, unless the clean coal facility does | ||||||
5 | not use gasification technology and was operating as a | ||||||
6 | conventional coal-fired electric generating facility on June | ||||||
7 | 1, 2009 (the effective date of Public Act 95-1027). | ||||||
8 | "Clean coal SNG brownfield facility" means a facility that | ||||||
9 | (1) has commenced construction by July 1, 2015 on an urban | ||||||
10 | brownfield site in a municipality with at least 1,000,000 | ||||||
11 | residents; (2) uses a gasification process to produce | ||||||
12 | substitute natural gas; (3) uses coal as at least 50% of the | ||||||
13 | total feedstock over the term of any sourcing agreement with a | ||||||
14 | utility and the remainder of the feedstock may be either | ||||||
15 | petroleum coke or coal, with all such coal having a high | ||||||
16 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
17 | million Btu content unless the facility reasonably determines
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18 | that it is necessary to use additional petroleum coke to
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19 | deliver additional consumer savings, in which case the
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20 | facility shall use coal for at least 35% of the total
feedstock | ||||||
21 | over the term of any sourcing agreement; and (4) captures and | ||||||
22 | sequesters at least 85% of the total carbon dioxide emissions | ||||||
23 | that the facility would otherwise emit. | ||||||
24 | "Clean coal SNG facility" means a facility that uses a | ||||||
25 | gasification process to produce substitute natural gas, that | ||||||
26 | sequesters at least 90% of the total carbon dioxide emissions |
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1 | that the facility would otherwise emit, that uses at least 90% | ||||||
2 | coal as a feedstock, with all such coal having a high | ||||||
3 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
4 | million Btu btu content, and that has a valid and effective | ||||||
5 | permit to construct emission sources and air pollution control | ||||||
6 | equipment and approval with respect to the federal regulations | ||||||
7 | for Prevention of Significant Deterioration of Air Quality | ||||||
8 | (PSD) for the plant pursuant to the federal Clean Air Act; | ||||||
9 | provided, however, a clean coal SNG brownfield facility shall | ||||||
10 | not be a clean coal SNG facility. | ||||||
11 | "Clean energy" means energy generation that is 90% or | ||||||
12 | greater free of carbon dioxide emissions. | ||||||
13 | "Commission" means the Illinois Commerce Commission. | ||||||
14 | "Community renewable generation project" means an electric | ||||||
15 | generating facility that: | ||||||
16 | (1) is powered by wind, solar thermal energy, | ||||||
17 | photovoltaic cells or panels, biodiesel, crops and | ||||||
18 | untreated and unadulterated organic waste biomass, and | ||||||
19 | hydropower that does not involve new construction or | ||||||
20 | significant expansion of hydropower dams; | ||||||
21 | (2) is interconnected at the distribution system level | ||||||
22 | of an electric utility as defined in this Section, a | ||||||
23 | municipal utility as defined in this Section that owns or | ||||||
24 | operates electric distribution facilities, a public | ||||||
25 | utility as defined in Section 3-105 of the Public | ||||||
26 | Utilities Act, or an electric cooperative, as defined in |
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1 | Section 3-119 of the Public Utilities Act; | ||||||
2 | (3) credits the value of electricity generated by the | ||||||
3 | facility to the subscribers of the facility; and | ||||||
4 | (4) is limited in nameplate capacity to less than or | ||||||
5 | equal to 5,000 kilowatts. | ||||||
6 | "Contracted energy storage system" means an energy storage | ||||||
7 | system that is the subject of a long-term energy storage | ||||||
8 | contract under Section 1-93. "Contracted energy storage | ||||||
9 | system" does not include an energy storage system put into | ||||||
10 | service before the effective date of this amendatory Act of | ||||||
11 | the 103rd General Assembly. | ||||||
12 | "Costs incurred in connection with the development and | ||||||
13 | construction of a facility" means: | ||||||
14 | (1) the cost of acquisition of all real property, | ||||||
15 | fixtures, and improvements in connection therewith and | ||||||
16 | equipment, personal property, and other property, rights, | ||||||
17 | and easements acquired that are deemed necessary for the | ||||||
18 | operation and maintenance of the facility; | ||||||
19 | (2) financing costs with respect to bonds, notes, and | ||||||
20 | other evidences of indebtedness of the Agency; | ||||||
21 | (3) all origination, commitment, utilization, | ||||||
22 | facility, placement, underwriting, syndication, credit | ||||||
23 | enhancement, and rating agency fees; | ||||||
24 | (4) engineering, design, procurement, consulting, | ||||||
25 | legal, accounting, title insurance, survey, appraisal, | ||||||
26 | escrow, trustee, collateral agency, interest rate hedging, |
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1 | interest rate swap, capitalized interest, contingency, as | ||||||
2 | required by lenders, and other financing costs, and other | ||||||
3 | expenses for professional services; and | ||||||
4 | (5) the costs of plans, specifications, site study and | ||||||
5 | investigation, installation, surveys, other Agency costs | ||||||
6 | and estimates of costs, and other expenses necessary or | ||||||
7 | incidental to determining the feasibility of any project, | ||||||
8 | together with such other expenses as may be necessary or | ||||||
9 | incidental to the financing, insuring, acquisition, and | ||||||
10 | construction of a specific project and starting up, | ||||||
11 | commissioning, and placing that project in operation. | ||||||
12 | "Daily energy volatility index" means a calculation, for a | ||||||
13 | contracted energy storage system, of the difference between | ||||||
14 | the "X" highest-priced hours and the "X" lowest-priced hours | ||||||
15 | of the energy storage duration of the contracted energy | ||||||
16 | storage system for each day in the day-ahead energy market of | ||||||
17 | the applicable pricing node of the independent system operator | ||||||
18 | or regional transmission organization, where "X" equals the | ||||||
19 | energy storage duration of the contracted energy storage | ||||||
20 | system. | ||||||
21 | "Delivery services" has the same definition as found in | ||||||
22 | Section 16-102 of the Public Utilities Act. | ||||||
23 | "Delivery year" means the consecutive 12-month period | ||||||
24 | beginning June 1 of a given year and ending May 31 of the | ||||||
25 | following year. | ||||||
26 | "Department" means the Department of Commerce and Economic |
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1 | Opportunity. | ||||||
2 | "Director" means the Director of the Illinois Power | ||||||
3 | Agency. | ||||||
4 | "Demand-response" means measures that decrease peak | ||||||
5 | electricity demand or shift demand from peak to off-peak | ||||||
6 | periods. | ||||||
7 | "Distributed renewable energy generation device" means a | ||||||
8 | device that is: | ||||||
9 | (1) powered by wind, solar thermal energy, | ||||||
10 | photovoltaic cells or panels, biodiesel, crops and | ||||||
11 | untreated and unadulterated organic waste biomass, tree | ||||||
12 | waste, and hydropower that does not involve new | ||||||
13 | construction or significant expansion of hydropower dams, | ||||||
14 | waste heat to power systems, or qualified combined heat | ||||||
15 | and power systems; | ||||||
16 | (2) interconnected at the distribution system level of | ||||||
17 | either an electric utility as defined in this Section, a | ||||||
18 | municipal utility as defined in this Section that owns or | ||||||
19 | operates electric distribution facilities, or a rural | ||||||
20 | electric cooperative as defined in Section 3-119 of the | ||||||
21 | Public Utilities Act; | ||||||
22 | (3) located on the customer side of the customer's | ||||||
23 | electric meter and is primarily used to offset that | ||||||
24 | customer's electricity load; and | ||||||
25 | (4) (blank). | ||||||
26 | "Energy efficiency" means measures that reduce the amount |
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1 | of electricity or natural gas consumed in order to achieve a | ||||||
2 | given end use. "Energy efficiency" includes voltage | ||||||
3 | optimization measures that optimize the voltage at points on | ||||||
4 | the electric distribution voltage system and thereby reduce | ||||||
5 | electricity consumption by electric customers' end use | ||||||
6 | devices. "Energy efficiency" also includes measures that | ||||||
7 | reduce the total Btus of electricity, natural gas, and other | ||||||
8 | fuels needed to meet the end use or uses. | ||||||
9 | "Energy storage capacity" means the nameplate capacity of | ||||||
10 | a contracted energy storage system, measured in megawatts AC. | ||||||
11 | "Energy storage credit" means a fungible credit that | ||||||
12 | represents the flexibility value of a contracted energy | ||||||
13 | storage system. An energy storage credit is produced for each | ||||||
14 | one megawatt of energy storage capacity multiplied by the | ||||||
15 | energy storage duration each day that the contracted energy | ||||||
16 | storage system is interconnected with wholesale electricity | ||||||
17 | markets. | ||||||
18 | "Energy storage credit counterparty" has the same meaning | ||||||
19 | as "public utility" as defined in Section 3-105 of the Public | ||||||
20 | Utilities Act. | ||||||
21 | "Energy storage credit value" means a price, measured in | ||||||
22 | dollars per credit, calculated for each day for a contracted | ||||||
23 | energy storage system by subtracting the daily energy | ||||||
24 | volatility index and the reference capacity price from the | ||||||
25 | energy storage strike price. | ||||||
26 | "Energy storage duration" means the number of hours over |
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1 | which an energy storage system is capable of continuously | ||||||
2 | discharging energy at its full energy storage capacity. | ||||||
3 | "Energy storage strike price" means a contract price for | ||||||
4 | energy storage credits from a contracted energy storage | ||||||
5 | system. | ||||||
6 | "Energy storage system" means commercially available | ||||||
7 | technology that is capable of absorbing energy and storing it | ||||||
8 | for use at a later time, including, but not limited to, | ||||||
9 | electrochemical, thermal, and electromechanical technologies. | ||||||
10 | "Electric utility" has the same definition as found in | ||||||
11 | Section 16-102 of the Public Utilities Act. | ||||||
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. | ||||||
16 | Specifically, the eligible communities shall be defined as the | ||||||
17 | 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 Environmental justice communities, | ||||||
24 | as defined by the Illinois Power Agency pursuant to the | ||||||
25 | Illinois Power Agency Act, where residents have | ||||||
26 | historically been subject to disproportionate burdens of |
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1 | pollution, including pollution from the energy sector. | ||||||
2 | "Equity eligible persons" or "eligible persons" means | ||||||
3 | persons who would most benefit from equitable investments by | ||||||
4 | the State designed to combat discrimination, specifically: | ||||||
5 | (1) persons who graduate from or are current or former | ||||||
6 | participants in the Clean Jobs Workforce Network Program, | ||||||
7 | the Clean Energy Contractor Incubator Program, the | ||||||
8 | Illinois Climate Works Preapprenticeship Program, | ||||||
9 | Returning Residents Clean Jobs Training Program, or the | ||||||
10 | Clean Energy Primes Contractor Accelerator Program, and | ||||||
11 | the solar training pipeline and multi-cultural jobs | ||||||
12 | program created in paragraphs (a)(1) and (a)(3) of Section | ||||||
13 | 16-208.12 16-108.21 of the Public Utilities Act; | ||||||
14 | (2) persons who are graduates of or currently enrolled | ||||||
15 | in the foster care system; | ||||||
16 | (3) persons who were formerly incarcerated; | ||||||
17 | (4) persons whose primary residence is in an equity | ||||||
18 | investment eligible community. | ||||||
19 | "Equity eligible contractor" means a business that is | ||||||
20 | majority-owned by eligible persons, or a nonprofit or | ||||||
21 | cooperative that is majority-governed by eligible persons, or | ||||||
22 | is a natural person that is an eligible person offering | ||||||
23 | personal services as an independent contractor. | ||||||
24 | "Facility" means an electric generating unit or a | ||||||
25 | co-generating unit that produces electricity along with | ||||||
26 | related equipment necessary to connect the facility to an |
| |||||||
| |||||||
1 | electric transmission or distribution system. | ||||||
2 | "Firm energy resource" means electrical resources, | ||||||
3 | including long-duration energy storage and multi-day energy | ||||||
4 | storage, that can individually, or in combination, deliver | ||||||
5 | electricity with guaranteed high availability at rated | ||||||
6 | capacity for the expected duration of multi-day extreme or | ||||||
7 | atypical weather events, including periods of low renewable | ||||||
8 | energy generation, and facilitate integration of eligible | ||||||
9 | renewable energy resources into the electrical grid and the | ||||||
10 | transition to a zero-carbon electrical grid. | ||||||
11 | "General contractor Contractor " means the entity or | ||||||
12 | organization with main responsibility for the building of a | ||||||
13 | construction project and who is the party signing the prime | ||||||
14 | construction contract for the project. | ||||||
15 | "Governmental aggregator" means one or more units of local | ||||||
16 | government that individually or collectively procure | ||||||
17 | electricity to serve residential retail electrical loads | ||||||
18 | located within its or their jurisdiction. | ||||||
19 | "High voltage direct current converter station" means the | ||||||
20 | collection of equipment that converts direct current energy | ||||||
21 | from a high voltage direct current transmission line into | ||||||
22 | alternating current using Voltage Source Conversion technology | ||||||
23 | and that is interconnected with transmission or distribution | ||||||
24 | assets located in Illinois. | ||||||
25 | "High voltage direct current renewable energy credit" | ||||||
26 | means a renewable energy credit associated with a renewable |
| |||||||
| |||||||
1 | energy resource where the renewable energy resource has | ||||||
2 | entered into a contract to transmit the energy associated with | ||||||
3 | such renewable energy credit over high voltage direct current | ||||||
4 | transmission facilities. | ||||||
5 | "High voltage direct current transmission facilities" | ||||||
6 | means the collection of installed equipment that converts | ||||||
7 | alternating current energy in one location to direct current | ||||||
8 | and transmits that direct current energy to a high voltage | ||||||
9 | direct current converter station using Voltage Source | ||||||
10 | Conversion technology. "High voltage direct current | ||||||
11 | transmission facilities" includes the high voltage direct | ||||||
12 | current converter station itself and associated high voltage | ||||||
13 | direct current transmission lines. Notwithstanding the | ||||||
14 | preceding, after September 15, 2021 ( the effective date of | ||||||
15 | Public Act 102-662) this amendatory Act of the 102nd General | ||||||
16 | Assembly , an otherwise qualifying collection of equipment does | ||||||
17 | not qualify as high voltage direct current transmission | ||||||
18 | facilities unless its developer entered into a project labor | ||||||
19 | agreement, is capable of transmitting electricity at 525kv | ||||||
20 | with an Illinois converter station located and interconnected | ||||||
21 | in the region of the PJM Interconnection, LLC, and the system | ||||||
22 | does not operate as a public utility, as that term is defined | ||||||
23 | in Section 3-105 of the Public Utilities Act. | ||||||
24 | "Index price" means the real-time energy settlement price | ||||||
25 | at the applicable Illinois trading hub, such as PJM-NIHUB or | ||||||
26 | MISO-IL, for a given settlement period. |
| |||||||
| |||||||
1 | "Indexed renewable energy credit" means a tradable credit | ||||||
2 | that represents the environmental attributes of one megawatt | ||||||
3 | hour of energy produced from a renewable energy resource, the | ||||||
4 | price of which shall be calculated by subtracting the strike | ||||||
5 | price offered by a new utility-scale wind project or a new | ||||||
6 | utility-scale photovoltaic project from the index price in a | ||||||
7 | given settlement period. | ||||||
8 | "Indexed renewable energy credit counterparty" has the | ||||||
9 | same meaning as "public utility" as defined in Section 3-105 | ||||||
10 | of the Public Utilities Act. | ||||||
11 | "Local government" means a unit of local government as | ||||||
12 | defined in Section 1 of Article VII of the Illinois | ||||||
13 | Constitution. | ||||||
14 | "Long-duration energy storage" means an energy storage | ||||||
15 | system capable of dispatching energy at its full rated | ||||||
16 | capacity for 10 hours or greater. | ||||||
17 | "Long-term energy storage contract" means a contract for | ||||||
18 | the purchase of energy storage credits generated by an energy | ||||||
19 | storage system for a period of at least 15 years. | ||||||
20 | "Multi-day energy storage" means an energy storage system | ||||||
21 | capable of dispatching energy at its full rated capacity for | ||||||
22 | greater than 24 hours. | ||||||
23 | "Municipality" means a city, village, or incorporated | ||||||
24 | town. | ||||||
25 | "Municipal utility" means a public utility owned and | ||||||
26 | operated by any subdivision or municipal corporation of this |
| |||||||
| |||||||
1 | State. | ||||||
2 | "Nameplate capacity" means the aggregate inverter | ||||||
3 | nameplate capacity in kilowatts AC. | ||||||
4 | "Person" means any natural person, firm, partnership, | ||||||
5 | corporation, either domestic or foreign, company, association, | ||||||
6 | limited liability company, joint stock company, or association | ||||||
7 | and includes any trustee, receiver, assignee, or personal | ||||||
8 | representative thereof. | ||||||
9 | "Project" means the planning, bidding, and construction of | ||||||
10 | a facility. | ||||||
11 | "Project labor agreement" means a pre-hire collective | ||||||
12 | bargaining agreement that covers all terms and conditions of | ||||||
13 | employment on a specific construction project and must include | ||||||
14 | the following: | ||||||
15 | (1) provisions establishing the minimum hourly wage | ||||||
16 | for each class of labor organization employee; | ||||||
17 | (2) provisions establishing the benefits and other | ||||||
18 | compensation for each class of labor organization | ||||||
19 | employee; | ||||||
20 | (3) provisions establishing that no strike or disputes | ||||||
21 | will be engaged in by the labor organization employees; | ||||||
22 | (4) provisions establishing that no lockout or | ||||||
23 | disputes will be engaged in by the general contractor | ||||||
24 | building the project; and | ||||||
25 | (5) provisions for minorities and women, as defined | ||||||
26 | under the Business Enterprise for Minorities, Women, and |
| |||||||
| |||||||
1 | Persons with Disabilities Act, setting forth goals for | ||||||
2 | apprenticeship hours to be performed by minorities and | ||||||
3 | women and setting forth goals for total hours to be | ||||||
4 | performed by underrepresented minorities and women. | ||||||
5 | A labor organization and the general contractor building | ||||||
6 | the project shall have the authority to include other terms | ||||||
7 | and conditions as they deem necessary. | ||||||
8 | "Public utility" has the same definition as found in | ||||||
9 | Section 3-105 of the Public Utilities Act. | ||||||
10 | "Qualified combined heat and power systems" means systems | ||||||
11 | that, either simultaneously or sequentially, produce | ||||||
12 | electricity and useful thermal energy from a single fuel | ||||||
13 | source. Such systems are eligible for "renewable energy | ||||||
14 | credits" in an amount equal to its total energy output where a | ||||||
15 | renewable fuel is consumed or in an amount equal to the net | ||||||
16 | reduction in nonrenewable fuel consumed on a total energy | ||||||
17 | output basis. | ||||||
18 | "Real property" means any interest in land together with | ||||||
19 | all structures, fixtures, and improvements thereon, including | ||||||
20 | lands under water and riparian rights, any easements, | ||||||
21 | covenants, licenses, leases, rights-of-way, uses, and other | ||||||
22 | interests, together with any liens, judgments, mortgages, or | ||||||
23 | other claims or security interests related to real property. | ||||||
24 | "Reference capacity price" means a price, measured in | ||||||
25 | dollars per megawatt-hours, representing the revenue available | ||||||
26 | for a contracted energy storage system through participation |
| |||||||
| |||||||
1 | in the MISO Planning Resource Auction or the PJM Base Residual | ||||||
2 | Auction, or their successor resource adequacy constructs. The | ||||||
3 | reference capacity price shall be calculated by adjusting the | ||||||
4 | most recent clearing price in the MISO Planning Resource | ||||||
5 | Auction or the PJM Base Residual Action, or their successor | ||||||
6 | resource adequacy constructs, by the accredited capacity of | ||||||
7 | the contracted energy storage system and converting the units | ||||||
8 | to megawatt-hours. | ||||||
9 | "Renewable energy credit" means a tradable credit that | ||||||
10 | represents the environmental attributes of one megawatt hour | ||||||
11 | of energy produced from a renewable energy resource. | ||||||
12 | "Renewable energy resources" includes energy and its | ||||||
13 | associated renewable energy credit or renewable energy credits | ||||||
14 | from wind, solar thermal energy, photovoltaic cells and | ||||||
15 | panels, biodiesel, anaerobic digestion, crops and untreated | ||||||
16 | and unadulterated organic waste biomass, and hydropower that | ||||||
17 | does not involve new construction or significant expansion of | ||||||
18 | hydropower dams, waste heat to power systems, or qualified | ||||||
19 | combined heat and power systems. For purposes of this Act, | ||||||
20 | landfill gas produced in the State is considered a renewable | ||||||
21 | energy resource. "Renewable energy resources" does not include | ||||||
22 | the incineration or burning of tires, garbage, general | ||||||
23 | household, institutional, and commercial waste, industrial | ||||||
24 | lunchroom or office waste, landscape waste, railroad | ||||||
25 | crossties, utility poles, or construction or demolition | ||||||
26 | debris, other than untreated and unadulterated waste wood. |
| |||||||
| |||||||
1 | "Renewable energy resources" also includes high voltage direct | ||||||
2 | current renewable energy credits and the associated energy | ||||||
3 | converted to alternating current by a high voltage direct | ||||||
4 | current converter station to the extent that: (1) the | ||||||
5 | generator of such renewable energy resource contracted with a | ||||||
6 | third party to transmit the energy over the high voltage | ||||||
7 | direct current transmission facilities, and (2) the | ||||||
8 | third-party contracting for delivery of renewable energy | ||||||
9 | resources over the high voltage direct current transmission | ||||||
10 | facilities have ownership rights over the unretired associated | ||||||
11 | high voltage direct current renewable energy credit. | ||||||
12 | "Retail customer" has the same definition as found in | ||||||
13 | Section 16-102 of the Public Utilities Act. | ||||||
14 | "Revenue bond" means any bond, note, or other evidence of | ||||||
15 | indebtedness issued by the Authority, the principal and | ||||||
16 | interest of which is payable solely from revenues or income | ||||||
17 | derived from any project or activity of the Agency. | ||||||
18 | "Sequester" means permanent storage of carbon dioxide by | ||||||
19 | injecting it into a saline aquifer, a depleted gas reservoir, | ||||||
20 | or an oil reservoir, directly or through an enhanced oil | ||||||
21 | recovery process that may involve intermediate storage, | ||||||
22 | regardless of whether these activities are conducted by a | ||||||
23 | clean coal facility, a clean coal SNG facility, a clean coal | ||||||
24 | SNG brownfield facility, or a party with which a clean coal | ||||||
25 | facility, clean coal SNG facility, or clean coal SNG | ||||||
26 | brownfield facility has contracted for such purposes. |
| |||||||
| |||||||
1 | "Service area" has the same definition as found in Section | ||||||
2 | 16-102 of the Public Utilities Act. | ||||||
3 | "Settlement period" means the period of time utilized by | ||||||
4 | MISO and PJM and their successor organizations as the basis | ||||||
5 | for settlement calculations in the real-time energy market. | ||||||
6 | "Sourcing agreement" means (i) in the case of an electric | ||||||
7 | utility, an agreement between the owner of a clean coal | ||||||
8 | facility and such electric utility, which agreement shall have | ||||||
9 | terms and conditions meeting the requirements of paragraph (3) | ||||||
10 | of subsection (d) of Section 1-75, (ii) in the case of an | ||||||
11 | alternative retail electric supplier, an agreement between the | ||||||
12 | owner of a clean coal facility and such alternative retail | ||||||
13 | electric supplier, which agreement shall have terms and | ||||||
14 | conditions meeting the requirements of Section 16-115(d)(5) of | ||||||
15 | the Public Utilities Act, and (iii) in case of a gas utility, | ||||||
16 | an agreement between the owner of a clean coal SNG brownfield | ||||||
17 | facility and the gas utility, which agreement shall have the | ||||||
18 | terms and conditions meeting the requirements of subsection | ||||||
19 | (h-1) of Section 9-220 of the Public Utilities Act. | ||||||
20 | "Strike price" means a contract price for energy and | ||||||
21 | renewable energy credits from a new utility-scale wind project | ||||||
22 | or a new utility-scale photovoltaic project. | ||||||
23 | "Subscriber" means a person who (i) takes delivery service | ||||||
24 | from an electric utility, and (ii) has a subscription of no | ||||||
25 | less than 200 watts to a community renewable generation | ||||||
26 | project that is located in the electric utility's service |
| |||||||
| |||||||
1 | area. No subscriber's subscriptions may total more than 40% of | ||||||
2 | the nameplate capacity of an individual community renewable | ||||||
3 | generation project. Entities that are affiliated by virtue of | ||||||
4 | a common parent shall not represent multiple subscriptions | ||||||
5 | that total more than 40% of the nameplate capacity of an | ||||||
6 | individual community renewable generation project. | ||||||
7 | "Subscription" means an interest in a community renewable | ||||||
8 | generation project expressed in kilowatts, which is sized | ||||||
9 | primarily to offset part or all of the subscriber's | ||||||
10 | electricity usage. | ||||||
11 | "Substitute natural gas" or "SNG" means a gas manufactured | ||||||
12 | by gasification of hydrocarbon feedstock, which is | ||||||
13 | substantially interchangeable in use and distribution with | ||||||
14 | conventional natural gas.
| ||||||
15 | "Total resource cost test" or "TRC test" means a standard | ||||||
16 | that is met if, for an investment in energy efficiency or | ||||||
17 | demand-response measures, the benefit-cost ratio is greater | ||||||
18 | than one. The benefit-cost ratio is the ratio of the net | ||||||
19 | present value of the total benefits of the program to the net | ||||||
20 | present value of the total costs as calculated over the | ||||||
21 | lifetime of the measures. A total resource cost test compares | ||||||
22 | the sum of avoided electric utility costs, representing the | ||||||
23 | benefits that accrue to the system and the participant in the | ||||||
24 | delivery of those efficiency measures and including avoided | ||||||
25 | costs associated with reduced use of natural gas or other | ||||||
26 | fuels, avoided costs associated with reduced water |
| |||||||
| |||||||
1 | consumption, and avoided costs associated with reduced | ||||||
2 | operation and maintenance costs, as well as other quantifiable | ||||||
3 | societal benefits, to the sum of all incremental costs of | ||||||
4 | end-use measures that are implemented due to the program | ||||||
5 | (including both utility and participant contributions), plus | ||||||
6 | costs to administer, deliver, and evaluate each demand-side | ||||||
7 | program, to quantify the net savings obtained by substituting | ||||||
8 | the demand-side program for supply resources. In calculating | ||||||
9 | avoided costs of power and energy that an electric utility | ||||||
10 | would otherwise have had to acquire, reasonable estimates | ||||||
11 | shall be included of financial costs likely to be imposed by | ||||||
12 | future regulations and legislation on emissions of greenhouse | ||||||
13 | gases. In discounting future societal costs and benefits for | ||||||
14 | the purpose of calculating net present values, a societal | ||||||
15 | discount rate based on actual, long-term Treasury bond yields | ||||||
16 | should be used. Notwithstanding anything to the contrary, the | ||||||
17 | TRC test shall not include or take into account a calculation | ||||||
18 | of market price suppression effects or demand reduction | ||||||
19 | induced price effects. | ||||||
20 | "Utility-scale solar project" means an electric generating | ||||||
21 | facility that: | ||||||
22 | (1) generates electricity using photovoltaic cells; | ||||||
23 | and | ||||||
24 | (2) has a nameplate capacity that is greater than | ||||||
25 | 5,000 kilowatts. | ||||||
26 | "Utility-scale wind project" means an electric generating |
| |||||||
| |||||||
1 | facility that: | ||||||
2 | (1) generates electricity using wind; and | ||||||
3 | (2) has a nameplate capacity that is greater than | ||||||
4 | 5,000 kilowatts. | ||||||
5 | "Waste Heat to Power Systems" means systems that capture | ||||||
6 | and generate electricity from energy that would otherwise be | ||||||
7 | lost to the atmosphere without the use of additional fuel. | ||||||
8 | "Zero emission credit" means a tradable credit that | ||||||
9 | represents the environmental attributes of one megawatt hour | ||||||
10 | of energy produced from a zero emission facility. | ||||||
11 | "Zero emission facility" means a facility that: (1) is | ||||||
12 | fueled by nuclear power; and (2) is interconnected with PJM | ||||||
13 | Interconnection, LLC or the Midcontinent Independent System | ||||||
14 | Operator, Inc., or their successors. | ||||||
15 | (Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
| ||||||
16 | (20 ILCS 3855/1-20) | ||||||
17 | Sec. 1-20. General powers and duties of the Agency. | ||||||
18 | (a) The Agency is authorized to do each of the following: | ||||||
19 | (1) Develop electricity procurement plans to ensure | ||||||
20 | adequate, reliable, affordable, efficient, and | ||||||
21 | environmentally sustainable electric service at the lowest | ||||||
22 | total cost over time, taking into account any benefits of | ||||||
23 | price stability, for electric utilities that on December | ||||||
24 | 31, 2005 provided electric service to at least 100,000 | ||||||
25 | customers in Illinois and for small multi-jurisdictional |
| |||||||
| |||||||
1 | electric utilities that (A) on December 31, 2005 served | ||||||
2 | less than 100,000 customers in Illinois and (B) request a | ||||||
3 | procurement plan for their Illinois jurisdictional load. | ||||||
4 | Except as provided in paragraph (1.5) of this subsection | ||||||
5 | (a), the electricity procurement plans shall be updated on | ||||||
6 | an annual basis and shall include electricity generated | ||||||
7 | from renewable resources sufficient to achieve the | ||||||
8 | standards specified in this Act. Beginning with the | ||||||
9 | delivery year commencing June 1, 2017, develop procurement | ||||||
10 | plans to include zero emission credits generated from zero | ||||||
11 | emission facilities sufficient to achieve the standards | ||||||
12 | specified in this Act. Beginning with the delivery year | ||||||
13 | commencing on June 1, 2022, the Agency is authorized to | ||||||
14 | develop carbon mitigation credit procurement plans to | ||||||
15 | include carbon mitigation credits generated from | ||||||
16 | carbon-free energy resources sufficient to achieve the | ||||||
17 | standards specified in this Act. | ||||||
18 | (1.5) Develop a long-term renewable resources | ||||||
19 | procurement plan in accordance with subsection (c) of | ||||||
20 | Section 1-75 of this Act for renewable energy credits in | ||||||
21 | amounts sufficient to achieve the standards specified in | ||||||
22 | this Act for delivery years commencing June 1, 2017 and | ||||||
23 | for the programs and renewable energy credits specified in | ||||||
24 | Section 1-56 of this Act. Electricity procurement plans | ||||||
25 | for delivery years commencing after May 31, 2017, shall | ||||||
26 | not include procurement of renewable energy resources. |
| |||||||
| |||||||
1 | (2) Conduct competitive procurement processes to | ||||||
2 | procure the supply resources identified in the electricity | ||||||
3 | procurement plan, pursuant to Section 16-111.5 of the | ||||||
4 | Public Utilities Act, and, for the delivery year | ||||||
5 | commencing June 1, 2017, conduct procurement processes to | ||||||
6 | procure zero emission credits from zero emission | ||||||
7 | facilities, under subsection (d-5) of Section 1-75 of this | ||||||
8 | Act. For the delivery year commencing June 1, 2022, the | ||||||
9 | Agency is authorized to conduct procurement processes to | ||||||
10 | procure carbon mitigation credits from carbon-free energy | ||||||
11 | resources, under subsection (d-10) of Section 1-75 of this | ||||||
12 | Act. | ||||||
13 | (2.5) Beginning with the procurement for the 2017 | ||||||
14 | delivery year, conduct competitive procurement processes | ||||||
15 | and implement programs to procure renewable energy credits | ||||||
16 | identified in the long-term renewable resources | ||||||
17 | procurement plan developed and approved under subsection | ||||||
18 | (c) of Section 1-75 of this Act and Section 16-111.5 of the | ||||||
19 | Public Utilities Act. | ||||||
20 | (2.10) Oversee the procurement by electric utilities | ||||||
21 | that served more than 300,000 customers in this State as | ||||||
22 | of January 1, 2019 of renewable energy credits from new | ||||||
23 | renewable energy facilities to be installed, along with | ||||||
24 | energy storage facilities, at or adjacent to the sites of | ||||||
25 | electric generating facilities that burned coal as their | ||||||
26 | primary fuel source as of January 1, 2016 in accordance |
| |||||||
| |||||||
1 | with subsection (c-5) of Section 1-75 of this Act. | ||||||
2 | (3) Develop electric generation and co-generation | ||||||
3 | facilities that use indigenous coal or renewable | ||||||
4 | resources, or both, financed with bonds issued by the | ||||||
5 | Illinois Finance Authority. | ||||||
6 | (4) Supply electricity from the Agency's facilities at | ||||||
7 | cost to one or more of the following: municipal electric | ||||||
8 | systems, governmental aggregators, or rural electric | ||||||
9 | cooperatives in Illinois. | ||||||
10 | (5) Conduct competitive solicitations to procure | ||||||
11 | energy storage credits sufficient to achieve, at minimum, | ||||||
12 | the energy storage standard under Section 1-93 of this | ||||||
13 | Act. | ||||||
14 | (b) Except as otherwise limited by this Act, the Agency | ||||||
15 | has all of the powers necessary or convenient to carry out the | ||||||
16 | purposes and provisions of this Act, including without | ||||||
17 | limitation, each of the following: | ||||||
18 | (1) To have a corporate seal, and to alter that seal at | ||||||
19 | pleasure, and to use it by causing it or a facsimile to be | ||||||
20 | affixed or impressed or reproduced in any other manner. | ||||||
21 | (2) To use the services of the Illinois Finance | ||||||
22 | Authority necessary to carry out the Agency's purposes. | ||||||
23 | (3) To negotiate and enter into loan agreements and | ||||||
24 | other agreements with the Illinois Finance Authority. | ||||||
25 | (4) To obtain and employ personnel and hire | ||||||
26 | consultants that are necessary to fulfill the Agency's |
| |||||||
| |||||||
1 | purposes, and to make expenditures for that purpose within | ||||||
2 | the appropriations for that purpose. | ||||||
3 | (5) To purchase, receive, take by grant, gift, devise, | ||||||
4 | bequest, or otherwise, lease, or otherwise acquire, own, | ||||||
5 | hold, improve, employ, use, and otherwise deal in and | ||||||
6 | with, real or personal property whether tangible or | ||||||
7 | intangible, or any interest therein, within the State. | ||||||
8 | (6) To acquire real or personal property, whether | ||||||
9 | tangible or intangible, including without limitation | ||||||
10 | property rights, interests in property, franchises, | ||||||
11 | obligations, contracts, and debt and equity securities, | ||||||
12 | and to do so by the exercise of the power of eminent domain | ||||||
13 | in accordance with Section 1-21; except that any real | ||||||
14 | property acquired by the exercise of the power of eminent | ||||||
15 | domain must be located within the State. | ||||||
16 | (7) To sell, convey, lease, exchange, transfer, | ||||||
17 | abandon, or otherwise dispose of, or mortgage, pledge, or | ||||||
18 | create a security interest in, any of its assets, | ||||||
19 | properties, or any interest therein, wherever situated. | ||||||
20 | (8) To purchase, take, receive, subscribe for, or | ||||||
21 | otherwise acquire, hold, make a tender offer for, vote, | ||||||
22 | employ, sell, lend, lease, exchange, transfer, or | ||||||
23 | otherwise dispose of, mortgage, pledge, or grant a | ||||||
24 | security interest in, use, and otherwise deal in and with, | ||||||
25 | bonds and other obligations, shares, or other securities | ||||||
26 | (or interests therein) issued by others, whether engaged |
| |||||||
| |||||||
1 | in a similar or different business or activity. | ||||||
2 | (9) To make and execute agreements, contracts, and | ||||||
3 | other instruments necessary or convenient in the exercise | ||||||
4 | of the powers and functions of the Agency under this Act, | ||||||
5 | including contracts with any person, including personal | ||||||
6 | service contracts, or with any local government, State | ||||||
7 | agency, or other entity; and all State agencies and all | ||||||
8 | local governments are authorized to enter into and do all | ||||||
9 | things necessary to perform any such agreement, contract, | ||||||
10 | or other instrument with the Agency. No such agreement, | ||||||
11 | contract, or other instrument shall exceed 40 years. | ||||||
12 | (10) To lend money, invest and reinvest its funds in | ||||||
13 | accordance with the Public Funds Investment Act, and take | ||||||
14 | and hold real and personal property as security for the | ||||||
15 | payment of funds loaned or invested. | ||||||
16 | (11) To borrow money at such rate or rates of interest | ||||||
17 | as the Agency may determine, issue its notes, bonds, or | ||||||
18 | other obligations to evidence that indebtedness, and | ||||||
19 | secure any of its obligations by mortgage or pledge of its | ||||||
20 | real or personal property, machinery, equipment, | ||||||
21 | structures, fixtures, inventories, revenues, grants, and | ||||||
22 | other funds as provided or any interest therein, wherever | ||||||
23 | situated. | ||||||
24 | (12) To enter into agreements with the Illinois | ||||||
25 | Finance Authority to issue bonds whether or not the income | ||||||
26 | therefrom is exempt from federal taxation. |
| |||||||
| |||||||
1 | (13) To procure insurance against any loss in | ||||||
2 | connection with its properties or operations in such | ||||||
3 | amount or amounts and from such insurers, including the | ||||||
4 | federal government, as it may deem necessary or desirable, | ||||||
5 | and to pay any premiums therefor. | ||||||
6 | (14) To negotiate and enter into agreements with | ||||||
7 | trustees or receivers appointed by United States | ||||||
8 | bankruptcy courts or federal district courts or in other | ||||||
9 | proceedings involving adjustment of debts and authorize | ||||||
10 | proceedings involving adjustment of debts and authorize | ||||||
11 | legal counsel for the Agency to appear in any such | ||||||
12 | proceedings. | ||||||
13 | (15) To file a petition under Chapter 9 of Title 11 of | ||||||
14 | the United States Bankruptcy Code or take other similar | ||||||
15 | action for the adjustment of its debts. | ||||||
16 | (16) To enter into management agreements for the | ||||||
17 | operation of any of the property or facilities owned by | ||||||
18 | the Agency. | ||||||
19 | (17) To enter into an agreement to transfer and to | ||||||
20 | transfer any land, facilities, fixtures, or equipment of | ||||||
21 | the Agency to one or more municipal electric systems, | ||||||
22 | governmental aggregators, or rural electric agencies or | ||||||
23 | cooperatives, for such consideration and upon such terms | ||||||
24 | as the Agency may determine to be in the best interest of | ||||||
25 | the residents of Illinois. | ||||||
26 | (18) To enter upon any lands and within any building |
| |||||||
| |||||||
1 | whenever in its judgment it may be necessary for the | ||||||
2 | purpose of making surveys and examinations to accomplish | ||||||
3 | any purpose authorized by this Act. | ||||||
4 | (19) To maintain an office or offices at such place or | ||||||
5 | places in the State as it may determine. | ||||||
6 | (20) To request information, and to make any inquiry, | ||||||
7 | investigation, survey, or study that the Agency may deem | ||||||
8 | necessary to enable it effectively to carry out the | ||||||
9 | provisions of this Act. | ||||||
10 | (21) To accept and expend appropriations. | ||||||
11 | (22) To engage in any activity or operation that is | ||||||
12 | incidental to and in furtherance of efficient operation to | ||||||
13 | accomplish the Agency's purposes, including hiring | ||||||
14 | employees that the Director deems essential for the | ||||||
15 | operations of the Agency. | ||||||
16 | (23) To adopt, revise, amend, and repeal rules with | ||||||
17 | respect to its operations, properties, and facilities as | ||||||
18 | may be necessary or convenient to carry out the purposes | ||||||
19 | of this Act, subject to the provisions of the Illinois | ||||||
20 | Administrative Procedure Act and Sections 1-22 and 1-35 of | ||||||
21 | this Act. | ||||||
22 | (24) To establish and collect charges and fees as | ||||||
23 | described in this Act.
| ||||||
24 | (25) To conduct competitive gasification feedstock | ||||||
25 | procurement processes to procure the feedstocks for the | ||||||
26 | clean coal SNG brownfield facility in accordance with the |
| |||||||
| |||||||
1 | requirements of Section 1-78 of this Act. | ||||||
2 | (26) To review, revise, and approve sourcing | ||||||
3 | agreements and mediate and resolve disputes between gas | ||||||
4 | utilities and the clean coal SNG brownfield facility | ||||||
5 | pursuant to subsection (h-1) of Section 9-220 of the | ||||||
6 | Public Utilities Act. | ||||||
7 | (27) To request, review and accept proposals, execute | ||||||
8 | contracts, purchase renewable energy credits and otherwise | ||||||
9 | dedicate funds from the Illinois Power Agency Renewable | ||||||
10 | Energy Resources Fund to create and carry out the | ||||||
11 | objectives of the Illinois Solar for All Program in | ||||||
12 | accordance with Section 1-56 of this Act. | ||||||
13 | (28) To ensure Illinois residents and business benefit | ||||||
14 | from programs administered by the Agency and are properly | ||||||
15 | protected from any deceptive or misleading marketing | ||||||
16 | practices by participants in the Agency's programs and | ||||||
17 | procurements. | ||||||
18 | (29) To request, review, and accept proposals, execute | ||||||
19 | contracts, and procure energy storage credits. | ||||||
20 | (c) In conducting the procurement of electricity or other | ||||||
21 | products, beginning January 1, 2022, the Agency shall not | ||||||
22 | procure any products or services from persons or organizations | ||||||
23 | that are in violation of the Displaced Energy Workers Bill of | ||||||
24 | Rights, as provided under the Energy Community Reinvestment | ||||||
25 | Act at the time of the procurement event or fail to comply the | ||||||
26 | labor standards established in subparagraph (Q) of paragraph |
| |||||||
| |||||||
1 | (1) of subsection (c) of Section 1-75. | ||||||
2 | (Source: P.A. 102-662, eff. 9-15-21.) | ||||||
3 | (20 ILCS 3855/1-93 new) | ||||||
4 | Sec. 1-93. Energy storage credit targets. | ||||||
5 | (a) The Agency shall develop a storage procurement plan | ||||||
6 | that results in the electric utilities contracting for energy | ||||||
7 | storage credits from contracted energy storage systems in the | ||||||
8 | following amounts: | ||||||
9 | (1) at least 1,000 megawatts of cumulative energy | ||||||
10 | storage capacity by the end of delivery year 2024; | ||||||
11 | (2) at least 3,000 megawatts of cumulative energy | ||||||
12 | storage capacity by delivery year 2026; | ||||||
13 | (3) at least 5,000 megawatts of cumulative energy | ||||||
14 | storage capacity by delivery year 2028; and | ||||||
15 | (4) at least 7,500 megawatts of cumulative energy | ||||||
16 | storage capacity by delivery year 2030. | ||||||
17 | (b) Within 90 days of the effective date of this | ||||||
18 | amendatory Act of the 103rd General Assembly, the Agency shall | ||||||
19 | develop an energy storage procurement plan in accordance with | ||||||
20 | this Section and Section 16-111.5 of the Public Utilities Act. | ||||||
21 | (c) For all procurements of energy storage credits, the | ||||||
22 | Agency shall procure indexed energy storage credits and direct | ||||||
23 | respondents to offer an energy storage strike price. The | ||||||
24 | purchase price of the indexed energy storage credit payment | ||||||
25 | shall be calculated for each settlement period. The payment, |
| |||||||
| |||||||
1 | for any settlement period, shall be equal to the difference | ||||||
2 | resulting from subtracting from the energy storage strike | ||||||
3 | price the sum of the daily energy volatility index and the | ||||||
4 | reference capacity price for that settlement period. If this | ||||||
5 | difference results in a positive number, the electric utility | ||||||
6 | shall owe the seller this amount multiplied by the number of | ||||||
7 | indexed energy storage credits produced in the relevant | ||||||
8 | settlement period. If this difference results in a negative | ||||||
9 | number, the settlement shall be zero. The parties shall cash | ||||||
10 | settle every month, summing up all settlements for the prior | ||||||
11 | month. | ||||||
12 | (d) All procurements under this Section shall comply with | ||||||
13 | the geographic requirements in subparagraph (I) of paragraph | ||||||
14 | (1) of subsection (c) of Section 1-75 and shall follow the | ||||||
15 | procurement processes and procedures described in this Section | ||||||
16 | and Section 16-111.5 of the Public Utilities Act to the extent | ||||||
17 | practicable, and these processes and procedures may be | ||||||
18 | expedited to accommodate the schedule established by this | ||||||
19 | Section. The Agency shall select bids based solely on the | ||||||
20 | strike price. The winning bidders shall comply with the | ||||||
21 | prevailing wage requirements in subparagraph (Q) of paragraph | ||||||
22 | (1) of subsection (c) of Section 1-75 and equity | ||||||
23 | accountability system requirements in Section (c-10) of | ||||||
24 | Section 1-75. | ||||||
25 | (e) No later than December 31, 2026 and every 2 years | ||||||
26 | thereafter, the Agency shall conduct an analysis to determine |
| |||||||
| |||||||
1 | whether the contracted quantity of energy storage in energy | ||||||
2 | storage capacity and energy storage duration is sufficient to | ||||||
3 | support the State's renewable energy standards and carbon | ||||||
4 | emission standards. To conduct the analysis, the Agency shall | ||||||
5 | retain an independent consultant with experience in wholesale | ||||||
6 | electric system modeling in PJM and MISO and may seek the | ||||||
7 | support of the federal Department of Energy and National Labs | ||||||
8 | to conduct its analysis. The independent consultant shall | ||||||
9 | utilize a production cost model, capacity expansion model, or | ||||||
10 | similar comprehensive analysis of the electricity systems and | ||||||
11 | shall provide opportunities for stakeholders to provide | ||||||
12 | feedback on the scope, inputs, and assumptions used in the | ||||||
13 | analysis. The Agency is authorized to collect costs for | ||||||
14 | conducting the analysis from electric utilities. The electric | ||||||
15 | utilities are authorized to recover the cost of the analysis | ||||||
16 | as part of the recovery of the cost of energy storage credits, | ||||||
17 | as authorized in this Section and Section 16-108 of the Public | ||||||
18 | Utilities Act. If the Agency determines that the need for | ||||||
19 | energy storage capacity or energy storage duration is greater | ||||||
20 | than the energy storage credit target in this Section, the | ||||||
21 | Agency shall establish and the Commission shall approve new | ||||||
22 | energy storage credit targets to meet the identified need. If | ||||||
23 | the Agency determines that deployment of energy storage beyond | ||||||
24 | 2030 will not be achieved through wholesale market prices and | ||||||
25 | other energy storage programs established by the State, the | ||||||
26 | Agency shall establish additional targets for years beyond |
| |||||||
| |||||||
1 | 2030. | ||||||
2 | (20 ILCS 3855/1-94 new) | ||||||
3 | Sec. 1-94. Firm energy resource procurement plan. The | ||||||
4 | Agency is authorized to develop and implement a firm energy | ||||||
5 | resource procurement plan for new resources, including | ||||||
6 | initiating proceedings and conducting competitive | ||||||
7 | solicitations to deploy new long-duration and multi-day energy | ||||||
8 | storage. The procurement plan shall ensure regular procurement | ||||||
9 | opportunities to deploy new long-duration and multi-day energy | ||||||
10 | storage resources by 2030 and shall ensure stable, competitive | ||||||
11 | resource development at a pace needed to ensure grid | ||||||
12 | reliability and resilience during atypical or extreme grid | ||||||
13 | conditions that may occur at least once in 20 years while | ||||||
14 | meeting the emissions requirements of Section 9.15 of the | ||||||
15 | Environmental Protection Act. | ||||||
16 | The Agency's plan shall ensure that a minimum of 2 new | ||||||
17 | long-duration or multi-day energy storage resources each with | ||||||
18 | a rated capacity greater than 20 megawatts shall be deployed | ||||||
19 | or contracted by the end of delivery year 2026. | ||||||
20 | Within 365 days of the effective date of this amendatory | ||||||
21 | Act of the 103rd General Assembly, the Agency shall develop a | ||||||
22 | firm energy resource procurement plan in accordance with this | ||||||
23 | Section and Section 16-111.5 of the Public Utilities Act. | ||||||
24 | Section 10. The Public Utilities Act is amended by |
| |||||||
| |||||||
1 | changing Sections 16-108 and 16-111.5 as follows:
| ||||||
2 | (220 ILCS 5/16-108)
| ||||||
3 | Sec. 16-108. Recovery of costs associated with the
| ||||||
4 | provision of delivery and other services. | ||||||
5 | (a) An electric utility shall file a delivery services
| ||||||
6 | tariff with the Commission at least 210 days prior to the date
| ||||||
7 | that it is required to begin offering such services pursuant
| ||||||
8 | to this Act. An electric utility shall provide the components
| ||||||
9 | of delivery services that are subject to the jurisdiction of
| ||||||
10 | the Federal Energy Regulatory Commission at the same prices,
| ||||||
11 | terms and conditions set forth in its applicable tariff as
| ||||||
12 | approved or allowed into effect by that Commission. The
| ||||||
13 | Commission shall otherwise have the authority pursuant to | ||||||
14 | Article IX to review,
approve, and modify the prices, terms | ||||||
15 | and conditions of those
components of delivery services not | ||||||
16 | subject to the
jurisdiction of the Federal Energy Regulatory | ||||||
17 | Commission,
including the authority to determine the extent to | ||||||
18 | which such
delivery services should be offered on an unbundled | ||||||
19 | basis. In making any such
determination the Commission shall | ||||||
20 | consider, at a minimum, the effect of
additional unbundling on | ||||||
21 | (i) the objective of just and reasonable rates, (ii)
electric | ||||||
22 | utility employees, and (iii) the development of competitive | ||||||
23 | markets
for electric energy services in Illinois.
| ||||||
24 | (b) The Commission shall enter an order approving, or
| ||||||
25 | approving as modified, the delivery services tariff no later
|
| |||||||
| |||||||
1 | than 30 days prior to the date on which the electric utility
| ||||||
2 | must commence offering such services. The Commission may
| ||||||
3 | subsequently modify such tariff pursuant to this Act.
| ||||||
4 | (c) The electric utility's
tariffs shall define the | ||||||
5 | classes of its customers for purposes
of delivery services | ||||||
6 | charges. Delivery services shall be priced and made
available | ||||||
7 | to all retail customers electing delivery services in each | ||||||
8 | such class
on a nondiscriminatory basis regardless of whether | ||||||
9 | the retail customer chooses
the electric utility, an affiliate | ||||||
10 | of the electric utility, or another entity
as its supplier of | ||||||
11 | electric power and energy. Charges for delivery services
shall | ||||||
12 | be cost based,
and shall allow the electric utility to recover | ||||||
13 | the costs of
providing delivery services through its charges | ||||||
14 | to its
delivery service customers that use the facilities and
| ||||||
15 | services associated with such costs.
Such costs shall include | ||||||
16 | the
costs of owning, operating and maintaining transmission | ||||||
17 | and
distribution facilities. The Commission shall also be
| ||||||
18 | authorized to consider whether, and if so to what extent, the
| ||||||
19 | following costs are appropriately included in the electric
| ||||||
20 | utility's delivery services rates: (i) the costs of that
| ||||||
21 | portion of generation facilities used for the production and
| ||||||
22 | absorption of reactive power in order that retail customers
| ||||||
23 | located in the electric utility's service area can receive
| ||||||
24 | electric power and energy from suppliers other than the
| ||||||
25 | electric utility, and (ii) the costs associated with the use
| ||||||
26 | and redispatch of generation facilities to mitigate
|
| |||||||
| |||||||
1 | constraints on the transmission or distribution system in
| ||||||
2 | order that retail customers located in the electric utility's
| ||||||
3 | service area can receive electric power and energy from
| ||||||
4 | suppliers other than the electric utility. Nothing in this
| ||||||
5 | subsection shall be construed as directing the Commission to
| ||||||
6 | allocate any of the costs described in (i) or (ii) that are
| ||||||
7 | found to be appropriately included in the electric utility's
| ||||||
8 | delivery services rates to any particular customer group or
| ||||||
9 | geographic area in setting delivery services rates.
| ||||||
10 | (d) The Commission shall establish charges, terms and
| ||||||
11 | conditions for delivery services that are just and reasonable
| ||||||
12 | and shall take into account customer impacts when establishing
| ||||||
13 | such charges. In establishing charges, terms and conditions
| ||||||
14 | for delivery services, the Commission shall take into account
| ||||||
15 | voltage level differences. A retail customer shall have the
| ||||||
16 | option to request to purchase electric service at any delivery
| ||||||
17 | service voltage reasonably and technically feasible from the
| ||||||
18 | electric facilities serving that customer's premises provided
| ||||||
19 | that there are no significant adverse impacts upon system
| ||||||
20 | reliability or system efficiency. A retail customer shall
also | ||||||
21 | have the option to request to purchase electric service
at any | ||||||
22 | point of delivery that is reasonably and technically
feasible | ||||||
23 | provided that there are no significant adverse
impacts on | ||||||
24 | system reliability or efficiency. Such requests
shall not be | ||||||
25 | unreasonably denied.
| ||||||
26 | (e) Electric utilities shall recover the costs of
|
| |||||||
| |||||||
1 | installing, operating or maintaining facilities for the
| ||||||
2 | particular benefit of one or more delivery services customers,
| ||||||
3 | including without limitation any costs incurred in complying
| ||||||
4 | with a customer's request to be served at a different voltage
| ||||||
5 | level, directly from the retail customer or customers for
| ||||||
6 | whose benefit the costs were incurred, to the extent such
| ||||||
7 | costs are not recovered through the charges referred to in
| ||||||
8 | subsections (c) and (d) of this Section.
| ||||||
9 | (f) An electric utility shall be entitled but not
required | ||||||
10 | to implement transition charges in conjunction with
the | ||||||
11 | offering of delivery services pursuant to Section 16-104.
If | ||||||
12 | an electric utility implements transition charges, it shall | ||||||
13 | implement such
charges for all delivery services customers and | ||||||
14 | for all customers described in
subsection (h), but shall not | ||||||
15 | implement transition charges for power and
energy that a | ||||||
16 | retail customer takes from cogeneration or self-generation
| ||||||
17 | facilities located on that retail customer's premises, if such | ||||||
18 | facilities meet
the following criteria:
| ||||||
19 | (i) the cogeneration or self-generation facilities | ||||||
20 | serve a single retail
customer and are located on that | ||||||
21 | retail customer's premises (for purposes of
this | ||||||
22 | subparagraph and subparagraph (ii), an industrial or | ||||||
23 | manufacturing retail
customer and a third party contractor | ||||||
24 | that is served by such industrial or
manufacturing | ||||||
25 | customer through such retail customer's own electrical
| ||||||
26 | distribution facilities under the circumstances described |
| |||||||
| |||||||
1 | in subsection (vi) of
the definition of "alternative | ||||||
2 | retail electric supplier" set forth in Section
16-102, | ||||||
3 | shall be considered a single retail customer);
| ||||||
4 | (ii) the cogeneration or self-generation facilities | ||||||
5 | either (A) are sized
pursuant to generally accepted | ||||||
6 | engineering standards for the retail customer's
electrical | ||||||
7 | load at that premises (taking into account standby or | ||||||
8 | other
reliability considerations related to that retail | ||||||
9 | customer's operations at that
site) or (B) if the facility | ||||||
10 | is a cogeneration facility located on the retail
| ||||||
11 | customer's premises, the retail customer is the thermal | ||||||
12 | host for that facility
and the facility has been designed | ||||||
13 | to meet that retail customer's thermal
energy requirements | ||||||
14 | resulting in electrical output beyond that retail
| ||||||
15 | customer's electrical demand at that premises, comply with | ||||||
16 | the operating and
efficiency standards applicable to | ||||||
17 | "qualifying facilities" specified in title
18 Code of | ||||||
18 | Federal Regulations Section 292.205 as in effect on the | ||||||
19 | effective
date of this amendatory Act of 1999;
| ||||||
20 | (iii) the retail customer on whose premises the | ||||||
21 | facilities are located
either has an exclusive right to | ||||||
22 | receive, and corresponding obligation to pay
for, all of | ||||||
23 | the electrical capacity of the facility, or in the case of | ||||||
24 | a
cogeneration facility that has been designed to meet the | ||||||
25 | retail customer's
thermal energy requirements at that | ||||||
26 | premises, an identified amount of the
electrical capacity |
| |||||||
| |||||||
1 | of the facility, over a minimum 5-year period; and
| ||||||
2 | (iv) if the cogeneration facility is sized for the
| ||||||
3 | retail customer's thermal load at that premises but | ||||||
4 | exceeds the electrical
load, any sales of excess power or | ||||||
5 | energy are made only at wholesale, are
subject to the | ||||||
6 | jurisdiction of the Federal Energy Regulatory Commission, | ||||||
7 | and
are not for the purpose of circumventing the | ||||||
8 | provisions of this subsection (f).
| ||||||
9 | If a generation facility located at a retail customer's | ||||||
10 | premises does not meet
the above criteria, an electric utility | ||||||
11 | implementing
transition charges shall implement a transition | ||||||
12 | charge until December 31, 2006
for any power and energy taken | ||||||
13 | by such retail customer from such facility as if
such power and | ||||||
14 | energy had been delivered by the electric utility. Provided,
| ||||||
15 | however, that an industrial retail customer that is taking | ||||||
16 | power from a
generation facility that does not meet the above | ||||||
17 | criteria but that is located
on such customer's premises will | ||||||
18 | not be subject to a transition charge for the
power and energy | ||||||
19 | taken by such retail customer from such generation facility if
| ||||||
20 | the facility does not serve any other retail customer and | ||||||
21 | either was installed
on behalf of the customer and for its own | ||||||
22 | use prior to January 1, 1997, or is
both predominantly fueled | ||||||
23 | by byproducts of such customer's manufacturing
process at such | ||||||
24 | premises and sells or offers an average of 300 megawatts or
| ||||||
25 | more of electricity produced from such generation facility | ||||||
26 | into the wholesale
market.
Such charges
shall be calculated as |
| |||||||
| |||||||
1 | provided in Section
16-102, and shall be collected
on each | ||||||
2 | kilowatt-hour delivered under a
delivery services tariff to a | ||||||
3 | retail customer from the date
the customer first takes | ||||||
4 | delivery services until December 31,
2006 except as provided | ||||||
5 | in subsection (h) of this Section.
Provided, however, that an | ||||||
6 | electric utility, other than an electric utility
providing | ||||||
7 | service to at least 1,000,000 customers in this State on | ||||||
8 | January 1,
1999,
shall be entitled to petition for
entry of an | ||||||
9 | order by the Commission authorizing the electric utility to
| ||||||
10 | implement transition charges for an additional period ending | ||||||
11 | no later than
December 31, 2008. The electric utility shall | ||||||
12 | file its petition with
supporting evidence no earlier than 16 | ||||||
13 | months, and no later than 12 months,
prior to December 31, | ||||||
14 | 2006. The Commission shall hold a hearing on the
electric | ||||||
15 | utility's petition and shall enter its order no later than 8 | ||||||
16 | months
after the petition is filed. The Commission shall | ||||||
17 | determine whether and to
what extent the electric utility | ||||||
18 | shall be authorized to implement transition
charges for an | ||||||
19 | additional period. The Commission may authorize the electric
| ||||||
20 | utility to implement transition charges for some or all of the | ||||||
21 | additional
period, and shall determine the mitigation factors | ||||||
22 | to be used in implementing
such transition charges; provided, | ||||||
23 | that the Commission shall not authorize
mitigation factors | ||||||
24 | less than 110% of those in effect during the 12 months ended
| ||||||
25 | December 31, 2006. In making its determination, the Commission | ||||||
26 | shall consider
the following factors: the necessity to |
| |||||||
| |||||||
1 | implement transition charges for an
additional period in order | ||||||
2 | to maintain the financial integrity of the electric
utility; | ||||||
3 | the prudence of the electric utility's actions in reducing its | ||||||
4 | costs
since the effective date of this amendatory Act of 1997; | ||||||
5 | the ability of the
electric utility to provide safe, adequate | ||||||
6 | and reliable service to retail
customers in its service area; | ||||||
7 | and the impact on competition of allowing the
electric utility | ||||||
8 | to implement transition charges for the additional period.
| ||||||
9 | (g) The electric utility shall file tariffs that
establish | ||||||
10 | the transition charges to be paid by each class of
customers to | ||||||
11 | the electric utility in conjunction with the
provision of | ||||||
12 | delivery services. The electric utility's tariffs
shall define | ||||||
13 | the classes of its customers for purposes of
calculating | ||||||
14 | transition charges. The electric utility's tariffs
shall | ||||||
15 | provide for the calculation of transition charges on a
| ||||||
16 | customer-specific basis for any retail customer whose average
| ||||||
17 | monthly maximum electrical demand on the electric utility's
| ||||||
18 | system during the 6 months with the customer's highest monthly
| ||||||
19 | maximum electrical demands equals or exceeds 3.0 megawatts for
| ||||||
20 | electric utilities having more than 1,000,000 customers, and
| ||||||
21 | for other electric utilities for any customer that has an
| ||||||
22 | average monthly maximum electrical demand on the electric
| ||||||
23 | utility's system of one megawatt or more, and (A) for which
| ||||||
24 | there exists data on the customer's usage during the 3 years
| ||||||
25 | preceding the date that the customer became eligible to take
| ||||||
26 | delivery services, or (B) for which there does not exist data
|
| |||||||
| |||||||
1 | on the customer's usage during the 3 years preceding the date
| ||||||
2 | that the customer became eligible to take delivery services,
| ||||||
3 | if in the electric utility's reasonable judgment there exists
| ||||||
4 | comparable usage information or a sufficient basis to develop
| ||||||
5 | such information, and further provided that the electric
| ||||||
6 | utility can require customers for which an individual
| ||||||
7 | calculation is made to sign contracts that set forth the
| ||||||
8 | transition charges to be paid by the customer to the electric
| ||||||
9 | utility pursuant to the tariff.
| ||||||
10 | (h) An electric utility shall also be entitled to file
| ||||||
11 | tariffs that allow it to collect transition charges from
| ||||||
12 | retail customers in the electric utility's service area that
| ||||||
13 | do not take delivery services but that take electric power or
| ||||||
14 | energy from an alternative retail electric supplier or from an
| ||||||
15 | electric utility other than the electric utility in whose
| ||||||
16 | service area the customer is located. Such charges shall be
| ||||||
17 | calculated, in accordance with the definition of transition
| ||||||
18 | charges in Section 16-102, for the period of time that the
| ||||||
19 | customer would be obligated to pay transition charges if it
| ||||||
20 | were taking delivery services, except that no deduction for
| ||||||
21 | delivery services revenues shall be made in such calculation,
| ||||||
22 | and usage data from the customer's class shall be used where
| ||||||
23 | historical usage data is not available for the individual
| ||||||
24 | customer. The customer shall be obligated to pay such charges
| ||||||
25 | on a lump sum basis on or before the date on which the
customer | ||||||
26 | commences to take service from the alternative retail
electric |
| |||||||
| |||||||
1 | supplier or other electric utility, provided, that
the | ||||||
2 | electric utility in whose service area the customer is
located | ||||||
3 | shall offer the customer the option of signing a
contract | ||||||
4 | pursuant to which the customer pays such charges
ratably over | ||||||
5 | the period in which the charges would otherwise
have applied.
| ||||||
6 | (i) An electric utility shall be entitled to add to the
| ||||||
7 | bills of delivery services customers charges pursuant to
| ||||||
8 | Sections 9-221, 9-222 (except as provided in Section 9-222.1), | ||||||
9 | and Section
16-114 of this Act, Section 5-5 of the Electricity | ||||||
10 | Infrastructure Maintenance
Fee Law, Section 6-5 of the | ||||||
11 | Renewable Energy, Energy Efficiency, and Coal
Resources | ||||||
12 | Development Law of 1997, and Section 13 of the Energy | ||||||
13 | Assistance Act.
| ||||||
14 | (i-5) An electric utility required to impose the Coal to | ||||||
15 | Solar and Energy Storage Initiative Charge provided for in | ||||||
16 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | ||||||
17 | Act shall add such charge to the bills of its delivery services | ||||||
18 | customers pursuant to the terms of a tariff conforming to the | ||||||
19 | requirements of subsection (c-5) of Section 1-75 of the | ||||||
20 | Illinois Power Agency Act and this subsection (i-5) and filed | ||||||
21 | with and approved by the Commission. The electric utility | ||||||
22 | shall file its proposed tariff with the Commission on or | ||||||
23 | before July 1, 2022 to be effective, after review and approval | ||||||
24 | or modification by the Commission, beginning January 1, 2023. | ||||||
25 | On or before December 1, 2022, the Commission shall review the | ||||||
26 | electric utility's proposed tariff, including by conducting a |
| |||||||
| |||||||
1 | docketed proceeding if deemed necessary by the Commission, and | ||||||
2 | shall approve the proposed tariff or direct the electric | ||||||
3 | utility to make modifications the Commission finds necessary | ||||||
4 | for the tariff to conform to the requirements of subsection | ||||||
5 | (c-5) of Section 1-75 of the Illinois Power Agency Act and this | ||||||
6 | subsection (i-5). The electric utility's tariff shall provide | ||||||
7 | for imposition of the Coal to Solar and Energy Storage | ||||||
8 | Initiative Charge on a per-kilowatthour basis to all | ||||||
9 | kilowatthours delivered by the electric utility to its | ||||||
10 | delivery services customers. The tariff shall provide for the | ||||||
11 | calculation of the Coal to Solar and Energy Storage Initiative | ||||||
12 | Charge to be in effect for the year beginning January 1, 2023 | ||||||
13 | and each year beginning January 1 thereafter, sufficient to | ||||||
14 | collect the electric utility's estimated payment obligations | ||||||
15 | for the delivery year beginning the following June 1 under | ||||||
16 | contracts for purchase of renewable energy credits entered | ||||||
17 | into pursuant to subsection (c-5) of Section 1-75 of the | ||||||
18 | Illinois Power Agency Act and the obligations of the | ||||||
19 | Department of Commerce and Economic Opportunity, or any | ||||||
20 | successor department or agency, which for purposes of this | ||||||
21 | subsection (i-5) shall be referred to as the Department, to | ||||||
22 | make grant payments during such delivery year from the Coal to | ||||||
23 | Solar and Energy Storage Initiative Fund pursuant to grant | ||||||
24 | contracts entered into pursuant to subsection (c-5) of Section | ||||||
25 | 1-75 of the Illinois Power Agency Act, and using the electric | ||||||
26 | utility's kilowatthour deliveries to its delivery services |
| |||||||
| |||||||
1 | customers during the delivery year ended May 31 of the | ||||||
2 | preceding calendar year. On or before November 1 of each year | ||||||
3 | beginning November 1, 2022, the Department shall notify the | ||||||
4 | electric utilities of the amount of the Department's estimated | ||||||
5 | obligations for grant payments during the delivery year | ||||||
6 | beginning the following June 1 pursuant to grant contracts | ||||||
7 | entered into pursuant to subsection (c-5) of Section 1-75 of | ||||||
8 | the Illinois Power Agency Act; and each electric utility shall | ||||||
9 | incorporate in the calculation of its Coal to Solar and Energy | ||||||
10 | Storage Initiative Charge the fractional portion of the | ||||||
11 | Department's estimated obligations equal to the electric | ||||||
12 | utility's kilowatthour deliveries to its delivery services | ||||||
13 | customers in the delivery year ended the preceding May 31 | ||||||
14 | divided by the aggregate deliveries of both electric utilities | ||||||
15 | to delivery services customers in such delivery year. The | ||||||
16 | electric utility shall remit on a monthly basis to the State | ||||||
17 | Treasurer, for deposit in the Coal to Solar and Energy Storage | ||||||
18 | Initiative Fund provided for in subsection (c-5) of Section | ||||||
19 | 1-75 of the Illinois Power Agency Act, the electric utility's | ||||||
20 | collections of the Coal to Solar and Energy Storage Initiative | ||||||
21 | Charge estimated to be needed by the Department for grant | ||||||
22 | payments pursuant to grant contracts entered into pursuant to | ||||||
23 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | ||||||
24 | Act. The initial charge under the electric utility's tariff | ||||||
25 | shall be effective for kilowatthours delivered beginning | ||||||
26 | January 1, 2023, and thereafter shall be revised to be |
| |||||||
| |||||||
1 | effective January 1, 2024 and each January 1 thereafter, based | ||||||
2 | on the payment obligations for the delivery year beginning the | ||||||
3 | following June 1. The tariff shall provide for the electric | ||||||
4 | utility to make an annual filing with the Commission on or | ||||||
5 | before November 15 of each year, beginning in 2023, setting | ||||||
6 | forth the Coal to Solar and Energy Storage Initiative Charge | ||||||
7 | to be in effect for the year beginning the following January 1. | ||||||
8 | The electric utility's tariff shall also provide that the | ||||||
9 | electric utility shall make a filing with the Commission on or | ||||||
10 | before August 1 of each year beginning in 2024 setting forth a | ||||||
11 | reconciliation, for the delivery year ended the preceding May | ||||||
12 | 31, of the electric utility's collections of the Coal to Solar | ||||||
13 | and Energy Storage Initiative Charge against actual payments | ||||||
14 | for renewable energy credits pursuant to contracts entered | ||||||
15 | into, and the actual grant payments by the Department pursuant | ||||||
16 | to grant contracts entered into, pursuant to subsection (c-5) | ||||||
17 | of Section 1-75 of the Illinois Power Agency Act. The tariff | ||||||
18 | shall provide that any excess or shortfall of collections to | ||||||
19 | payments shall be deducted from or added to, on a | ||||||
20 | per-kilowatthour basis, the Coal to Solar and Energy Storage | ||||||
21 | Initiative Charge, over the 6-month period beginning October 1 | ||||||
22 | of that calendar year. | ||||||
23 | (j) If a retail customer that obtains electric power and
| ||||||
24 | energy from cogeneration or self-generation facilities
| ||||||
25 | installed for its own use on or before January 1, 1997,
| ||||||
26 | subsequently takes service from an alternative retail electric
|
| |||||||
| |||||||
1 | supplier or an electric utility other than the electric
| ||||||
2 | utility in whose service area the customer is located for any
| ||||||
3 | portion of the customer's electric power and energy
| ||||||
4 | requirements formerly obtained from those facilities | ||||||
5 | (including that amount
purchased from the utility in lieu of | ||||||
6 | such generation and not as standby power
purchases, under a | ||||||
7 | cogeneration displacement tariff in effect as of the
effective | ||||||
8 | date of this amendatory Act of 1997), the
transition charges | ||||||
9 | otherwise applicable pursuant to subsections (f), (g), or
(h) | ||||||
10 | of this Section shall not be applicable
in any year to that | ||||||
11 | portion of the customer's electric power
and energy | ||||||
12 | requirements formerly obtained from those
facilities, | ||||||
13 | provided, that for purposes of this subsection
(j), such | ||||||
14 | portion shall not exceed the average number of
kilowatt-hours | ||||||
15 | per year obtained from the cogeneration or
self-generation | ||||||
16 | facilities during the 3 years prior to the
date on which the | ||||||
17 | customer became eligible for delivery
services, except as | ||||||
18 | provided in subsection (f) of Section
16-110.
| ||||||
19 | (k) The electric utility shall be entitled to recover | ||||||
20 | through tariffed charges all of the costs associated with the | ||||||
21 | purchase of zero emission credits from zero emission | ||||||
22 | facilities to meet the requirements of subsection (d-5) of | ||||||
23 | Section 1-75 of the Illinois Power Agency Act and all of the | ||||||
24 | costs associated with the purchase of carbon mitigation | ||||||
25 | credits from carbon-free energy resources to meet the | ||||||
26 | requirements of subsection (d-10) of Section 1-75 of the |
| |||||||
| |||||||
1 | Illinois Power Agency Act. Such costs shall include the costs | ||||||
2 | of procuring the zero emission credits and carbon mitigation | ||||||
3 | credits from carbon-free energy resources, as well as the | ||||||
4 | reasonable costs that the utility incurs as part of the | ||||||
5 | procurement processes and to implement and comply with plans | ||||||
6 | and processes approved by the Commission under subsections | ||||||
7 | (d-5) and (d-10). The costs shall be allocated across all | ||||||
8 | retail customers through a single, uniform cents per | ||||||
9 | kilowatt-hour charge applicable to all retail customers, which | ||||||
10 | shall appear as a separate line item on each customer's bill. | ||||||
11 | Beginning June 1, 2024, the electric utility shall be entitled | ||||||
12 | to recover through tariffed charges all of the costs | ||||||
13 | associated with the purchase of energy storage credits to meet | ||||||
14 | the energy storage standards of Section 1-93 of the Illinois | ||||||
15 | Power Agency Act under procurement plans as approved in | ||||||
16 | accordance with that Section and Section 16-111.5 of this Act. | ||||||
17 | Such costs shall include the costs of procuring the energy | ||||||
18 | storage credits and the reasonable costs that the utility | ||||||
19 | incurs as part of the procurement processes and implementing | ||||||
20 | and complying with plans and processes approved by the | ||||||
21 | Commission under such Sections. The costs associated with the | ||||||
22 | purchase of energy storage credits shall be allocated across | ||||||
23 | all retail customers in proportion to the amount of energy | ||||||
24 | storage credits the electric utility procures for such | ||||||
25 | customers through a single, uniform cents per kilowatthour | ||||||
26 | charge applicable to such retail customers, which shall appear |
| |||||||
| |||||||
1 | as a separate line item on each customer's bill. Beginning | ||||||
2 | June 1, 2017, the electric utility shall be entitled to | ||||||
3 | recover through tariffed charges all of the costs associated | ||||||
4 | with the purchase of renewable energy resources to meet the | ||||||
5 | renewable energy resource standards of subsection (c) of | ||||||
6 | Section 1-75 of the Illinois Power Agency Act, under | ||||||
7 | procurement plans as approved in accordance with that Section | ||||||
8 | and Section 16-111.5 of this Act. Such costs shall include the | ||||||
9 | costs of procuring the renewable energy resources, as well as | ||||||
10 | the reasonable costs that the utility incurs as part of the | ||||||
11 | procurement processes and to implement and comply with plans | ||||||
12 | and processes approved by the Commission under such Sections. | ||||||
13 | The costs associated with the purchase of renewable energy | ||||||
14 | resources shall be allocated across all retail customers in | ||||||
15 | proportion to the amount of renewable energy resources the | ||||||
16 | utility procures for such customers through a single, uniform | ||||||
17 | cents per kilowatt-hour charge applicable to such retail | ||||||
18 | customers, which shall appear as a separate line item on each | ||||||
19 | such customer's bill. The credits, costs, and penalties | ||||||
20 | associated with the self-direct renewable portfolio standard | ||||||
21 | compliance program described in subparagraph (R) of paragraph | ||||||
22 | (1) of subsection (c) of Section 1-75 of the Illinois Power | ||||||
23 | Agency Act shall be allocated to approved eligible self-direct | ||||||
24 | customers by the utility in a cents per kilowatt-hour credit, | ||||||
25 | cost, or penalty, which shall appear as a separate line item on | ||||||
26 | each such customer's bill. |
| |||||||
| |||||||
1 | Notwithstanding whether the Commission has approved the | ||||||
2 | initial long-term renewable resources procurement plan as of | ||||||
3 | June 1, 2017, an electric utility shall place new tariffed | ||||||
4 | charges into effect beginning with the June 2017 monthly | ||||||
5 | billing period, to the extent practicable, to begin recovering | ||||||
6 | the costs of procuring renewable energy resources, as those | ||||||
7 | charges are calculated under the limitations described in | ||||||
8 | subparagraph (E) of paragraph (1) of subsection (c) of Section | ||||||
9 | 1-75 of the Illinois Power Agency Act. Notwithstanding the | ||||||
10 | date on which the utility places such new tariffed charges | ||||||
11 | into effect, the utility shall be permitted to collect the | ||||||
12 | charges under such tariff as if the tariff had been in effect | ||||||
13 | beginning with the first day of the June 2017 monthly billing | ||||||
14 | period. For the delivery years commencing June 1, 2017, June | ||||||
15 | 1, 2018, June 1, 2019, and each delivery year thereafter, the | ||||||
16 | electric utility shall deposit into a separate interest | ||||||
17 | bearing account of a financial institution the monies | ||||||
18 | collected under the tariffed charges. Money collected from | ||||||
19 | customers for the procurement of renewable energy resources in | ||||||
20 | a given delivery year may be spent by the utility for the | ||||||
21 | procurement of renewable resources over any of the following 5 | ||||||
22 | delivery years, after which unspent money shall be credited | ||||||
23 | back to retail customers. The electric utility shall spend all | ||||||
24 | money collected in earlier delivery years that has not yet | ||||||
25 | been returned to customers, first, before spending money | ||||||
26 | collected in later delivery years. Any interest earned shall |
| |||||||
| |||||||
1 | be credited back to retail customers under the reconciliation | ||||||
2 | proceeding provided for in this subsection (k), provided that | ||||||
3 | the electric utility shall first be reimbursed from the | ||||||
4 | interest for the administrative costs that it incurs to | ||||||
5 | administer and manage the account. Any taxes due on the funds | ||||||
6 | in the account, or interest earned on it, will be paid from the | ||||||
7 | account or, if insufficient monies are available in the | ||||||
8 | account, from the monies collected under the tariffed charges | ||||||
9 | to recover the costs of procuring renewable energy resources. | ||||||
10 | Monies deposited in the account shall be subject to the | ||||||
11 | review, reconciliation, and true-up process described in this | ||||||
12 | subsection (k) that is applicable to the funds collected and | ||||||
13 | costs incurred for the procurement of renewable energy | ||||||
14 | resources. | ||||||
15 | The electric utility shall be entitled to recover all of | ||||||
16 | the costs identified in this subsection (k) through automatic | ||||||
17 | adjustment clause tariffs applicable to all of the utility's | ||||||
18 | retail customers that allow the electric utility to adjust its | ||||||
19 | tariffed charges consistent with this subsection (k). The | ||||||
20 | determination as to whether any excess funds were collected | ||||||
21 | during a given delivery year for the purchase of renewable | ||||||
22 | energy resources, and the crediting of any excess funds back | ||||||
23 | to retail customers, shall not be made until after the close of | ||||||
24 | the delivery year, which will ensure that the maximum amount | ||||||
25 | of funds is available to implement the approved long-term | ||||||
26 | renewable resources procurement plan during a given delivery |
| |||||||
| |||||||
1 | year. The amount of excess funds eligible to be credited back | ||||||
2 | to retail customers shall be reduced by an amount equal to the | ||||||
3 | payment obligations required by any contracts entered into by | ||||||
4 | an electric utility under contracts described in subsection | ||||||
5 | (b) of Section 1-56 and subsection (c) of Section 1-75 of the | ||||||
6 | Illinois Power Agency Act, even if such payments have not yet | ||||||
7 | been made and regardless of the delivery year in which those | ||||||
8 | payment obligations were incurred. Notwithstanding anything to | ||||||
9 | the contrary, including in tariffs authorized by this | ||||||
10 | subsection (k) in effect before the effective date of this | ||||||
11 | amendatory Act of the 102nd General Assembly, all unspent | ||||||
12 | funds as of May 31, 2021, excluding any funds credited to | ||||||
13 | customers during any utility billing cycle that commences | ||||||
14 | prior to the effective date of this amendatory Act of the 102nd | ||||||
15 | General Assembly, shall remain in the utility account and | ||||||
16 | shall on a first in, first out basis be used toward utility | ||||||
17 | payment obligations under contracts described in subsection | ||||||
18 | (b) of Section 1-56 and subsection (c) of Section 1-75 of the | ||||||
19 | Illinois Power Agency Act. The electric utility's collections | ||||||
20 | under such automatic adjustment clause tariffs to recover the | ||||||
21 | costs of renewable energy resources, zero emission credits | ||||||
22 | from zero emission facilities, and carbon mitigation credits | ||||||
23 | from carbon-free energy resources shall be subject to separate | ||||||
24 | annual review, reconciliation, and true-up against actual | ||||||
25 | costs by the Commission under a procedure that shall be | ||||||
26 | specified in the electric utility's automatic adjustment |
| |||||||
| |||||||
1 | clause tariffs and that shall be approved by the Commission in | ||||||
2 | connection with its approval of such tariffs. The procedure | ||||||
3 | shall provide that any difference between the electric | ||||||
4 | utility's collections for zero emission credits and carbon | ||||||
5 | mitigation credits under the automatic adjustment charges for | ||||||
6 | an annual period and the electric utility's actual costs of | ||||||
7 | zero emission credits from zero emission facilities and carbon | ||||||
8 | mitigation credits from carbon-free energy resources for that | ||||||
9 | same annual period shall be refunded to or collected from, as | ||||||
10 | applicable, the electric utility's retail customers in | ||||||
11 | subsequent periods. | ||||||
12 | Nothing in this subsection (k) is intended to affect, | ||||||
13 | limit, or change the right of the electric utility to recover | ||||||
14 | the costs associated with the procurement of renewable energy | ||||||
15 | resources for periods commencing before, on, or after June 1, | ||||||
16 | 2017, as otherwise provided in the Illinois Power Agency Act. | ||||||
17 | The funding available under this subsection (k), if any, | ||||||
18 | for the programs described under subsection (b) of Section | ||||||
19 | 1-56 of the Illinois Power Agency Act shall not reduce the | ||||||
20 | amount of funding for the programs described in subparagraph | ||||||
21 | (O) of paragraph (1) of subsection (c) of Section 1-75 of the | ||||||
22 | Illinois Power Agency Act. If funding is available under this | ||||||
23 | subsection (k) for programs described under subsection (b) of | ||||||
24 | Section 1-56 of the Illinois Power Agency Act, then the | ||||||
25 | long-term renewable resources plan shall provide for the | ||||||
26 | Agency to procure contracts in an amount that does not exceed |
| |||||||
| |||||||
1 | the funding, and the contracts approved by the Commission | ||||||
2 | shall be executed by the applicable utility or utilities. | ||||||
3 | (l) A utility that has terminated any contract executed | ||||||
4 | under subsection (d-5) or (d-10) of Section 1-75 of the | ||||||
5 | Illinois Power Agency Act shall be entitled to recover any | ||||||
6 | remaining balance associated with the purchase of zero | ||||||
7 | emission credits prior to such termination, and such utility | ||||||
8 | shall also apply a credit to its retail customer bills in the | ||||||
9 | event of any over-collection. | ||||||
10 | (m)(1) An electric utility that recovers its costs of | ||||||
11 | procuring zero emission credits from zero emission facilities | ||||||
12 | through a cents-per-kilowatthour charge under subsection (k) | ||||||
13 | of this Section shall be subject to the requirements of this | ||||||
14 | subsection (m). Notwithstanding anything to the contrary, such | ||||||
15 | electric utility shall, beginning on April 30, 2018, and each | ||||||
16 | April 30 thereafter until April 30, 2026, calculate whether | ||||||
17 | any reduction must be applied to such cents-per-kilowatthour | ||||||
18 | charge that is paid by retail customers of the electric | ||||||
19 | utility that have opted out of subsections (a) through (j) of | ||||||
20 | Section 8-103B of this Act under subsection (l) of Section | ||||||
21 | 8-103B. Such charge shall be reduced for such customers for | ||||||
22 | the next delivery year commencing on June 1 based on the amount | ||||||
23 | necessary, if any, to limit the annual estimated average net | ||||||
24 | increase for the prior calendar year due to the future energy | ||||||
25 | investment costs to no more than 1.3% of 5.98 cents per | ||||||
26 | kilowatt-hour, which is the average amount paid per |
| |||||||
| |||||||
1 | kilowatthour for electric service during the year ending | ||||||
2 | December 31, 2015 by Illinois industrial retail customers, as | ||||||
3 | reported to the Edison Electric Institute. | ||||||
4 | The calculations required by this subsection (m) shall be | ||||||
5 | made only once for each year, and no subsequent rate impact | ||||||
6 | determinations shall be made. | ||||||
7 | (2) For purposes of this Section, "future energy | ||||||
8 | investment costs" shall be calculated by subtracting the | ||||||
9 | cents-per-kilowatthour charge identified in subparagraph (A) | ||||||
10 | of this paragraph (2) from the sum of the | ||||||
11 | cents-per-kilowatthour charges identified in subparagraph (B) | ||||||
12 | of this paragraph (2): | ||||||
13 | (A) The cents-per-kilowatthour charge identified in | ||||||
14 | the electric utility's tariff placed into effect under | ||||||
15 | Section 8-103 of the Public Utilities Act that, on | ||||||
16 | December 1, 2016, was applicable to those retail customers | ||||||
17 | that have opted out of subsections (a) through (j) of | ||||||
18 | Section 8-103B of this Act under subsection (l) of Section | ||||||
19 | 8-103B. | ||||||
20 | (B) The sum of the following cents-per-kilowatthour | ||||||
21 | charges applicable to those retail customers that have | ||||||
22 | opted out of subsections (a) through (j) of Section 8-103B | ||||||
23 | of this Act under subsection (l) of Section 8-103B, | ||||||
24 | provided that if one or more of the following charges has | ||||||
25 | been in effect and applied to such customers for more than | ||||||
26 | one calendar year, then each charge shall be equal to the |
| |||||||
| |||||||
1 | average of the charges applied over a period that | ||||||
2 | commences with the calendar year ending December 31, 2017 | ||||||
3 | and ends with the most recently completed calendar year | ||||||
4 | prior to the calculation required by this subsection (m): | ||||||
5 | (i) the cents-per-kilowatthour charge to recover | ||||||
6 | the costs incurred by the utility under subsection | ||||||
7 | (d-5) of Section 1-75 of the Illinois Power Agency | ||||||
8 | Act, adjusted for any reductions required under this | ||||||
9 | subsection (m); and | ||||||
10 | (ii) the cents-per-kilowatthour charge to recover | ||||||
11 | the costs incurred by the utility under Section | ||||||
12 | 16-107.6 of the Public Utilities Act. | ||||||
13 | If no charge was applied for a given calendar year | ||||||
14 | under item (i) or (ii) of this subparagraph (B), then the | ||||||
15 | value of the charge for that year shall be zero. | ||||||
16 | (3) If a reduction is required by the calculation | ||||||
17 | performed under this subsection (m), then the amount of the | ||||||
18 | reduction shall be multiplied by the number of years reflected | ||||||
19 | in the averages calculated under subparagraph (B) of paragraph | ||||||
20 | (2) of this subsection (m). Such reduction shall be applied to | ||||||
21 | the cents-per-kilowatthour charge that is applicable to those | ||||||
22 | retail customers that have opted out of subsections (a) | ||||||
23 | through (j) of Section 8-103B of this Act under subsection (l) | ||||||
24 | of Section 8-103B beginning with the next delivery year | ||||||
25 | commencing after the date of the calculation required by this | ||||||
26 | subsection (m). |
| |||||||
| |||||||
1 | (4) The electric utility shall file a notice with the | ||||||
2 | Commission on May 1 of 2018 and each May 1 thereafter until May | ||||||
3 | 1, 2026 containing the reduction, if any, which must be | ||||||
4 | applied for the delivery year which begins in the year of the | ||||||
5 | filing. The notice shall contain the calculations made | ||||||
6 | pursuant to this Section. By October 1 of each year beginning | ||||||
7 | in 2018, each electric utility shall notify the Commission if | ||||||
8 | it appears, based on an estimate of the calculation required | ||||||
9 | in this subsection (m), that a reduction will be required in | ||||||
10 | the next year. | ||||||
11 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
12 | (220 ILCS 5/16-111.5) | ||||||
13 | Sec. 16-111.5. Provisions relating to procurement. | ||||||
14 | (a) An electric utility that on December 31, 2005 served | ||||||
15 | at least 100,000 customers in Illinois shall procure power and | ||||||
16 | energy for its eligible retail customers in accordance with | ||||||
17 | the applicable provisions set forth in Section 1-75 of the | ||||||
18 | Illinois Power Agency Act and this Section. Beginning with the | ||||||
19 | delivery year commencing on June 1, 2024, an electric utility | ||||||
20 | serving over 100,000 customers shall also procure energy | ||||||
21 | storage credits in accordance with the applicable provisions | ||||||
22 | of Section 1-75 of the Illinois Power Agency Act and this | ||||||
23 | Section. Beginning with the delivery year commencing on June | ||||||
24 | 1, 2017, such electric utility shall also procure zero | ||||||
25 | emission credits from zero emission facilities in accordance |
| |||||||
| |||||||
1 | with the applicable provisions set forth in Section 1-75 of | ||||||
2 | the Illinois Power Agency Act, and, for years beginning on or | ||||||
3 | after June 1, 2017, the utility shall procure renewable energy | ||||||
4 | resources in accordance with the applicable provisions set | ||||||
5 | forth in Section 1-75 of the Illinois Power Agency Act and this | ||||||
6 | Section. Beginning with the delivery year commencing on June | ||||||
7 | 1, 2022, an electric utility serving over 3,000,000 customers | ||||||
8 | shall also procure carbon mitigation credits from carbon-free | ||||||
9 | energy resources in accordance with the applicable provisions | ||||||
10 | set forth in Section 1-75 of the Illinois Power Agency Act and | ||||||
11 | this Section. A small multi-jurisdictional electric utility | ||||||
12 | that on December 31, 2005 served less than 100,000 customers | ||||||
13 | in 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | (6) Long-Term Energy Storage Resources Procurement | ||||||
6 | Plan. The Agency shall prepare an energy storage resources | ||||||
7 | procurement plan for the procurement of energy storage | ||||||
8 | credits in compliance with this Section and Section 1-93 | ||||||
9 | of the Illinois Power Agency Act. | ||||||
10 | (i) The initial energy storage resources | ||||||
11 | procurement plan and all subsequent revisions shall be | ||||||
12 | subject to review and approval by the Commission. For | ||||||
13 | purposes of this Section, "delivery year" has the same | ||||||
14 | meaning as in Section 1-10 of the Illinois Power | ||||||
15 | Agency Act. For purposes of this Section, "Agency" | ||||||
16 | shall mean the Illinois Power Agency. | ||||||
17 | (ii) The energy storage resources planning process | ||||||
18 | shall be conducted as follows: | ||||||
19 | (A) the Agency shall publish for comment the | ||||||
20 | initial energy storage resources procurement plan | ||||||
21 | no later than 120 days after the effective date of | ||||||
22 | this amendatory Act of the 103rd General Assembly | ||||||
23 | and shall review, and may revise, the plan at | ||||||
24 | least every 2 years thereafter. To the extent | ||||||
25 | practicable, the Agency shall review and propose | ||||||
26 | any revisions to the energy storage resources |
| |||||||
| |||||||
1 | procurement plan in conjunction with the Agency's | ||||||
2 | other planning and approval processes conducted | ||||||
3 | under this Section. The initial energy storage | ||||||
4 | resources procurement plan shall: | ||||||
5 | (aa) include a schedule for procurements | ||||||
6 | for energy storage credits from qualified | ||||||
7 | energy storage systems consistent with Section | ||||||
8 | 1-93 of the Illinois Power Agency Act; and | ||||||
9 | (bb) identify the process whereby the | ||||||
10 | Agency will submit to the Commission for | ||||||
11 | review and approval the proposed contracts to | ||||||
12 | implement the programs required by such plan. | ||||||
13 | Copies of the initial energy storage resources | ||||||
14 | procurement plan and all subsequent revisions | ||||||
15 | shall be posted and made publicly available on | ||||||
16 | the Agency's and Commission's websites, and | ||||||
17 | copies shall also be provided to each affected | ||||||
18 | electric utility. An affected utility and | ||||||
19 | other interested parties shall have 45 days | ||||||
20 | following the date of posting to provide | ||||||
21 | comment to the Agency on the initial energy | ||||||
22 | storage resources procurement plan and all | ||||||
23 | subsequent revisions. All comments shall be | ||||||
24 | posed on the Agency's and Commission's | ||||||
25 | websites; and | ||||||
26 | (B) the Commission shall approve the initial |
| |||||||
| |||||||
1 | energy storage resources procurement plan and any | ||||||
2 | subsequent revisions if the Commission determines | ||||||
3 | that the plan will reasonably and prudently | ||||||
4 | accomplish the requirements of Section 1-93 of the | ||||||
5 | Illinois Power Agency Act. The Commission shall | ||||||
6 | also approve the process for the submission, | ||||||
7 | review, and approval of the proposed contracts to | ||||||
8 | procure energy storage credits or implement the | ||||||
9 | programs authorized by the Commission pursuant to | ||||||
10 | a long-term energy storage resources procurement | ||||||
11 | plan approved under this Section. | ||||||
12 | In approving any long-term energy storage | ||||||
13 | procurement plan after the effective date of this | ||||||
14 | amendatory Act of the 103rd General Assembly, the | ||||||
15 | Commission shall approve or modify the Agency's | ||||||
16 | proposal for minimum equity standards pursuant to | ||||||
17 | subsection (c-10) of Section 1-75 of the Illinois | ||||||
18 | Power Agency Act. The Commission shall consider | ||||||
19 | any analysis performed by the Agency in developing
| ||||||
20 | its proposal, including past performance,
| ||||||
21 | availability of equity eligible contractors, and
| ||||||
22 | availability of equity eligible persons at the
| ||||||
23 | time the long-term renewable resources procurement
| ||||||
24 | plan is approved. | ||||||
25 | (iii) The Agency or third parties contracted by | ||||||
26 | the Agency shall implement all programs authorized by |
| |||||||
| |||||||
1 | the Commission in an approved long-term energy storage | ||||||
2 | procurement plan without further review and approval | ||||||
3 | by the Commission. Third parties shall not begin | ||||||
4 | implementing any programs or receive any payment under | ||||||
5 | this Section until the Commission has approved the | ||||||
6 | long-term storage contract. | ||||||
7 | (iv) An electric utility shall recover its costs | ||||||
8 | associated with the procurement of energy storage | ||||||
9 | credits under this Section and pursuant to Section | ||||||
10 | 1-93 of the Illinois Power Agency Act through an | ||||||
11 | automatic adjustment clause tariff under subsection | ||||||
12 | (k) or a tariff pursuant to subsection (i-5), as | ||||||
13 | applicable, of Section 16-108. | ||||||
14 | (b-5) An electric utility that as of January 1, 2019 | ||||||
15 | served more than 300,000 retail customers in this State shall | ||||||
16 | purchase renewable energy credits from new renewable energy | ||||||
17 | facilities constructed at or adjacent to the sites of | ||||||
18 | coal-fueled electric generating facilities in this State in | ||||||
19 | accordance with subsection (c-5) of Section 1-75 of the | ||||||
20 | Illinois Power Agency Act. Except as expressly provided in | ||||||
21 | this Section, the plans and procedures for such procurements | ||||||
22 | shall not be included in the procurement plans provided for in | ||||||
23 | this Section, but rather shall be conducted and implemented | ||||||
24 | solely in accordance with subsection (c-5) of Section 1-75 of | ||||||
25 | the Illinois Power Agency Act. | ||||||
26 | (c) The provisions of this subsection (c) shall not apply |
| |||||||
| |||||||
1 | to procurements conducted pursuant to subsection (c-5) of | ||||||
2 | Section 1-75 of the Illinois Power Agency Act. However, the | ||||||
3 | Agency may retain a procurement administrator to assist the | ||||||
4 | Agency in planning and carrying out the procurement events and | ||||||
5 | implementing the other requirements specified in such | ||||||
6 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | ||||||
7 | Act, with the costs incurred by the Agency for the procurement | ||||||
8 | administrator to be recovered through fees charged to | ||||||
9 | applicants for selection to sell and deliver renewable energy | ||||||
10 | credits to electric utilities pursuant to subsection (c-5) of | ||||||
11 | Section 1-75 of the Illinois Power Agency Act. The procurement | ||||||
12 | process set forth in Section 1-75 of the Illinois Power Agency | ||||||
13 | Act and subsection (e) of this Section shall be administered | ||||||
14 | by a procurement administrator and monitored by a procurement | ||||||
15 | monitor. | ||||||
16 | (1) The procurement administrator shall: | ||||||
17 | (i) design the final procurement process in | ||||||
18 | accordance with Section 1-75 of the Illinois Power | ||||||
19 | Agency Act and subsection (e) of this Section | ||||||
20 | following Commission approval of the procurement plan; | ||||||
21 | (ii) develop benchmarks in accordance with | ||||||
22 | subsection (e)(3) to be used to evaluate bids; these | ||||||
23 | benchmarks shall be submitted to the Commission for | ||||||
24 | review and approval on a confidential basis prior to | ||||||
25 | the procurement event; | ||||||
26 | (iii) serve as the interface between the electric |
| |||||||
| |||||||
1 | utility and suppliers; | ||||||
2 | (iv) manage the bidder pre-qualification and | ||||||
3 | registration process; | ||||||
4 | (v) obtain the electric utilities' agreement to | ||||||
5 | the final form of all supply contracts and credit | ||||||
6 | collateral agreements; | ||||||
7 | (vi) administer the request for proposals process; | ||||||
8 | (vii) have the discretion to negotiate to | ||||||
9 | determine whether bidders are willing to lower the | ||||||
10 | price of bids that meet the benchmarks approved by the | ||||||
11 | Commission; any post-bid negotiations with bidders | ||||||
12 | shall be limited to price only and shall be completed | ||||||
13 | within 24 hours after opening the sealed bids and | ||||||
14 | shall be conducted in a fair and unbiased manner; in | ||||||
15 | conducting the negotiations, there shall be no | ||||||
16 | disclosure of any information derived from proposals | ||||||
17 | submitted by competing bidders; if information is | ||||||
18 | disclosed to any bidder, it shall be provided to all | ||||||
19 | competing bidders; | ||||||
20 | (viii) maintain confidentiality of supplier and | ||||||
21 | bidding information in a manner consistent with all | ||||||
22 | applicable laws, rules, regulations, and tariffs; | ||||||
23 | (ix) submit a confidential report to the | ||||||
24 | Commission recommending acceptance or rejection of | ||||||
25 | bids; | ||||||
26 | (x) notify the utility of contract counterparties |
| |||||||
| |||||||
1 | and contract specifics; and | ||||||
2 | (xi) administer related contingency procurement | ||||||
3 | events. | ||||||
4 | (2) The procurement monitor, who shall be retained by | ||||||
5 | the Commission, shall: | ||||||
6 | (i) monitor interactions among the procurement | ||||||
7 | administrator, suppliers, and utility; | ||||||
8 | (ii) monitor and report to the Commission on the | ||||||
9 | progress of the procurement process; | ||||||
10 | (iii) provide an independent confidential report | ||||||
11 | to the Commission regarding the results of the | ||||||
12 | procurement event; | ||||||
13 | (iv) assess compliance with the procurement plans | ||||||
14 | approved by the Commission for each utility that on | ||||||
15 | December 31, 2005 provided electric service to at | ||||||
16 | least 100,000 customers in Illinois and for each small | ||||||
17 | multi-jurisdictional utility that on December 31, 2005 | ||||||
18 | served less than 100,000 customers in Illinois; | ||||||
19 | (v) preserve the confidentiality of supplier and | ||||||
20 | bidding information in a manner consistent with all | ||||||
21 | applicable laws, rules, regulations, and tariffs; | ||||||
22 | (vi) provide expert advice to the Commission and | ||||||
23 | consult with the procurement administrator regarding | ||||||
24 | issues related to procurement process design, rules, | ||||||
25 | protocols, and policy-related matters; and | ||||||
26 | (vii) consult with the procurement administrator |
| |||||||
| |||||||
1 | regarding the development and use of benchmark | ||||||
2 | criteria, standard form contracts, credit policies, | ||||||
3 | and bid documents. | ||||||
4 | (d) Except as provided in subsection (j), the planning | ||||||
5 | process shall be conducted as follows: | ||||||
6 | (1) Beginning in 2008, each Illinois utility procuring | ||||||
7 | power pursuant to this Section shall annually provide a | ||||||
8 | range of load forecasts to the Illinois Power Agency by | ||||||
9 | July 15 of each year, or such other date as may be required | ||||||
10 | by the Commission or Agency. The load forecasts shall | ||||||
11 | cover the 5-year procurement planning period for the next | ||||||
12 | procurement plan and shall include hourly data | ||||||
13 | representing a high-load, low-load, and expected-load | ||||||
14 | scenario for the load of those retail customers included | ||||||
15 | in the plan's electric supply service requirements. The | ||||||
16 | utility shall provide supporting data and assumptions for | ||||||
17 | each of the scenarios.
| ||||||
18 | (2) Beginning in 2008, the Illinois Power Agency shall | ||||||
19 | prepare a procurement plan by August 15th of each year, or | ||||||
20 | such other date as may be required by the Commission. The | ||||||
21 | procurement plan shall identify the portfolio of | ||||||
22 | demand-response and power and energy products to be | ||||||
23 | procured. Cost-effective demand-response measures shall be | ||||||
24 | procured as set forth in item (iii) of subsection (b) of | ||||||
25 | this Section. Copies of the procurement plan shall be | ||||||
26 | posted and made publicly available on the Agency's and |
| |||||||
| |||||||
1 | Commission's websites, and copies shall also be provided | ||||||
2 | to each affected electric utility. An affected utility | ||||||
3 | shall have 30 days following the date of posting to | ||||||
4 | provide comment to the Agency on the procurement plan. | ||||||
5 | Other interested entities also may comment on the | ||||||
6 | procurement plan. All comments submitted to the Agency | ||||||
7 | shall be specific, supported by data or other detailed | ||||||
8 | analyses, and, if objecting to all or a portion of the | ||||||
9 | procurement plan, accompanied by specific alternative | ||||||
10 | wording or proposals. All comments shall be posted on the | ||||||
11 | Agency's and Commission's websites. During this 30-day | ||||||
12 | comment period, the Agency shall hold at least one public | ||||||
13 | hearing within each utility's service area for the purpose | ||||||
14 | of receiving public comment on the procurement plan. | ||||||
15 | Within 14 days following the end of the 30-day review | ||||||
16 | period, the Agency shall revise the procurement plan as | ||||||
17 | necessary based on the comments received and file the | ||||||
18 | procurement plan with the Commission and post the | ||||||
19 | procurement plan on the websites. | ||||||
20 | (3) Within 5 days after the filing of the procurement | ||||||
21 | plan, any person objecting to the procurement plan shall | ||||||
22 | file an objection with the Commission. Within 10 days | ||||||
23 | after the filing, the Commission shall determine whether a | ||||||
24 | hearing is necessary. The Commission shall enter its order | ||||||
25 | confirming or modifying the procurement plan within 90 | ||||||
26 | days after the filing of the procurement plan by the |
| |||||||
| |||||||
1 | Illinois Power Agency. | ||||||
2 | (4) The Commission shall approve the procurement plan, | ||||||
3 | including expressly the forecast used in the procurement | ||||||
4 | plan, if the Commission determines that it will ensure | ||||||
5 | adequate, reliable, affordable, efficient, and | ||||||
6 | environmentally sustainable electric service at the lowest | ||||||
7 | total cost over time, taking into account any benefits of | ||||||
8 | price stability. | ||||||
9 | (4.5) The Commission shall review the Agency's | ||||||
10 | recommendations for the selection of applicants to enter | ||||||
11 | into long-term contracts for the sale and delivery of | ||||||
12 | renewable energy credits from new renewable energy | ||||||
13 | facilities to be constructed at or adjacent to the sites | ||||||
14 | of coal-fueled electric generating facilities in this | ||||||
15 | State in accordance with the provisions of subsection | ||||||
16 | (c-5) of Section 1-75 of the Illinois Power Agency Act, | ||||||
17 | and shall approve the Agency's recommendations if the | ||||||
18 | Commission determines that the applicants recommended by | ||||||
19 | the Agency for selection, the proposed new renewable | ||||||
20 | energy facilities to be constructed, the amounts of | ||||||
21 | renewable energy credits to be delivered pursuant to the | ||||||
22 | contracts, and the other terms of the contracts, are | ||||||
23 | consistent with the requirements of subsection (c-5) of | ||||||
24 | Section 1-75 of the Illinois Power Agency Act. | ||||||
25 | (e) The procurement process shall include each of the | ||||||
26 | following components: |
| |||||||
| |||||||
1 | (1) Solicitation, pre-qualification, and registration | ||||||
2 | of bidders. The procurement administrator shall | ||||||
3 | disseminate information to potential bidders to promote a | ||||||
4 | procurement event, notify potential bidders that the | ||||||
5 | procurement administrator may enter into a post-bid price | ||||||
6 | negotiation with bidders that meet the applicable | ||||||
7 | benchmarks, provide supply requirements, and otherwise | ||||||
8 | explain the competitive procurement process. In addition | ||||||
9 | to such other publication as the procurement administrator | ||||||
10 | determines is appropriate, this information shall be | ||||||
11 | posted on the Illinois Power Agency's and the Commission's | ||||||
12 | websites. The procurement administrator shall also | ||||||
13 | administer the prequalification process, including | ||||||
14 | evaluation of credit worthiness, compliance with | ||||||
15 | procurement rules, and agreement to the standard form | ||||||
16 | contract developed pursuant to paragraph (2) of this | ||||||
17 | subsection (e). The procurement administrator shall then | ||||||
18 | identify and register bidders to participate in the | ||||||
19 | procurement event. | ||||||
20 | (2) Standard contract forms and credit terms and | ||||||
21 | instruments. The procurement administrator, in | ||||||
22 | consultation with the utilities, the Commission, and other | ||||||
23 | interested parties and subject to Commission oversight, | ||||||
24 | shall develop and provide standard contract forms for the | ||||||
25 | supplier contracts that meet generally accepted industry | ||||||
26 | practices. Standard credit terms and instruments that meet |
| |||||||
| |||||||
1 | generally accepted industry practices shall be similarly | ||||||
2 | developed. The procurement administrator shall make | ||||||
3 | available to the Commission all written comments it | ||||||
4 | receives on the contract forms, credit terms, or | ||||||
5 | instruments. If the procurement administrator cannot reach | ||||||
6 | agreement with the applicable electric utility as to the | ||||||
7 | contract terms and conditions, the procurement | ||||||
8 | administrator must notify the Commission of any disputed | ||||||
9 | terms and the Commission shall resolve the dispute. The | ||||||
10 | terms of the contracts shall not be subject to negotiation | ||||||
11 | by winning bidders, and the bidders must agree to the | ||||||
12 | terms of the contract in advance so that winning bids are | ||||||
13 | selected solely on the basis of price. | ||||||
14 | (3) Establishment of a market-based price benchmark. | ||||||
15 | As part of the development of the procurement process, the | ||||||
16 | procurement administrator, in consultation with the | ||||||
17 | Commission staff, Agency staff, and the procurement | ||||||
18 | monitor, shall establish benchmarks for evaluating the | ||||||
19 | final prices in the contracts for each of the products | ||||||
20 | that will be procured through the procurement process. The | ||||||
21 | benchmarks shall be based on price data for similar | ||||||
22 | products for the same delivery period and same delivery | ||||||
23 | hub, or other delivery hubs after adjusting for that | ||||||
24 | difference. The price benchmarks may also be adjusted to | ||||||
25 | take into account differences between the information | ||||||
26 | reflected in the underlying data sources and the specific |
| |||||||
| |||||||
1 | products and procurement process being used to procure | ||||||
2 | power for the Illinois utilities. The benchmarks shall be | ||||||
3 | confidential but shall be provided to, and will be subject | ||||||
4 | to Commission review and approval, prior to a procurement | ||||||
5 | event. | ||||||
6 | (4) Request for proposals competitive procurement | ||||||
7 | process. The procurement administrator shall design and | ||||||
8 | issue a request for proposals to supply electricity in | ||||||
9 | accordance with each utility's procurement plan, as | ||||||
10 | approved by the Commission. The request for proposals | ||||||
11 | shall set forth a procedure for sealed, binding commitment | ||||||
12 | bidding with pay-as-bid settlement, and provision for | ||||||
13 | selection of bids on the basis of price. | ||||||
14 | (5) A plan for implementing contingencies in the event | ||||||
15 | of supplier default or failure of the procurement process | ||||||
16 | to fully meet the expected load requirement due to | ||||||
17 | insufficient supplier participation, Commission rejection | ||||||
18 | of results, or any other cause. | ||||||
19 | (i) Event of supplier default: In the event of | ||||||
20 | supplier default, the utility shall review the | ||||||
21 | contract of the defaulting supplier to determine if | ||||||
22 | the amount of supply is 200 megawatts or greater, and | ||||||
23 | if there are more than 60 days remaining of the | ||||||
24 | contract term. If both of these conditions are met, | ||||||
25 | and the default results in termination of the | ||||||
26 | contract, the utility shall immediately notify the |
| |||||||
| |||||||
1 | Illinois Power Agency that a request for proposals | ||||||
2 | must be issued to procure replacement power, and the | ||||||
3 | procurement administrator shall run an additional | ||||||
4 | procurement event. If the contracted supply of the | ||||||
5 | defaulting supplier is less than 200 megawatts or | ||||||
6 | there are less than 60 days remaining of the contract | ||||||
7 | term, the utility shall procure 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, for the | ||||||
11 | duration of the contract term to replace the | ||||||
12 | contracted supply; provided, however, that if a needed | ||||||
13 | product is not available through the regional | ||||||
14 | transmission organization market it shall be purchased | ||||||
15 | from the wholesale market. | ||||||
16 | (ii) Failure of the procurement process to fully | ||||||
17 | meet the expected load requirement: If the procurement | ||||||
18 | process fails to fully meet the expected load | ||||||
19 | requirement due to insufficient supplier participation | ||||||
20 | or due to a Commission rejection of the procurement | ||||||
21 | results, the procurement administrator, the | ||||||
22 | procurement monitor, and the Commission staff shall | ||||||
23 | meet within 10 days to analyze potential causes of low | ||||||
24 | supplier interest or causes for the Commission | ||||||
25 | decision. If changes are identified that would likely | ||||||
26 | result in increased supplier participation, or that |
| |||||||
| |||||||
1 | would address concerns causing the Commission to | ||||||
2 | reject the results of the prior procurement event, the | ||||||
3 | procurement administrator may implement those changes | ||||||
4 | and rerun the request for proposals process according | ||||||
5 | to a schedule determined by those parties and | ||||||
6 | consistent with Section 1-75 of the Illinois Power | ||||||
7 | Agency Act and this subsection. In any event, a new | ||||||
8 | request for proposals process shall be implemented by | ||||||
9 | the procurement administrator within 90 days after the | ||||||
10 | determination that the procurement process has failed | ||||||
11 | to fully meet the expected load requirement. | ||||||
12 | (iii) In all cases where there is insufficient | ||||||
13 | supply provided under contracts awarded through the | ||||||
14 | procurement process to fully meet the electric | ||||||
15 | utility's load requirement, the utility shall meet the | ||||||
16 | load requirement by procuring power and energy from | ||||||
17 | the applicable regional transmission organization | ||||||
18 | market, including ancillary services, capacity, and | ||||||
19 | day-ahead or real time energy, or both; provided, | ||||||
20 | however, that if a needed product is not available | ||||||
21 | through the regional transmission organization market | ||||||
22 | it shall be purchased from the wholesale market. | ||||||
23 | (6) The procurement processes described in this | ||||||
24 | subsection and in subsection (c-5) of Section 1-75 of the | ||||||
25 | Illinois Power Agency Act are exempt from the requirements | ||||||
26 | of the Illinois Procurement Code, pursuant to Section |
| |||||||
| |||||||
1 | 20-10 of that Code. | ||||||
2 | (f) Within 2 business days after opening the sealed bids, | ||||||
3 | the procurement administrator shall submit a confidential | ||||||
4 | report to the Commission. The report shall contain the results | ||||||
5 | of the bidding for each of the products along with the | ||||||
6 | procurement administrator's recommendation for the acceptance | ||||||
7 | and rejection of bids based on the price benchmark criteria | ||||||
8 | and other factors observed in the process. The procurement | ||||||
9 | monitor also shall submit a confidential report to the | ||||||
10 | Commission within 2 business days after opening the sealed | ||||||
11 | bids. The report shall contain the procurement monitor's | ||||||
12 | assessment of bidder behavior in the process as well as an | ||||||
13 | assessment of the procurement administrator's compliance with | ||||||
14 | the procurement process and rules. The Commission shall review | ||||||
15 | the confidential reports submitted by the procurement | ||||||
16 | administrator and procurement monitor, and shall accept or | ||||||
17 | reject the recommendations of the procurement administrator | ||||||
18 | within 2 business days after receipt of the reports. | ||||||
19 | (g) Within 3 business days after the Commission decision | ||||||
20 | approving the results of a procurement event, the utility | ||||||
21 | shall enter into binding contractual arrangements with the | ||||||
22 | winning suppliers using the standard form contracts; except | ||||||
23 | that the utility shall not be required either directly or | ||||||
24 | indirectly to execute the contracts if a tariff that is | ||||||
25 | consistent with subsection (l) of this Section has not been | ||||||
26 | approved and placed into effect for that utility. |
| |||||||
| |||||||
1 | (h) For the procurement of standard wholesale products, | ||||||
2 | the names of the successful bidders and the load weighted | ||||||
3 | average of the winning bid prices for each contract type and | ||||||
4 | for each contract term shall be made available to the public at | ||||||
5 | the time of Commission approval of a procurement event. For | ||||||
6 | procurements conducted to meet the requirements of subsection | ||||||
7 | (b) of Section 1-56 or subsection (c) of Section 1-75 of the | ||||||
8 | Illinois Power Agency Act governed by the provisions of this | ||||||
9 | Section, the address and nameplate capacity of the new | ||||||
10 | renewable energy generating facility proposed by a winning | ||||||
11 | bidder shall also be made available to the public at the time | ||||||
12 | of Commission approval of a procurement event, along with the | ||||||
13 | business address and contact information for any winning | ||||||
14 | bidder. An estimate or approximation of the nameplate capacity | ||||||
15 | of the new renewable energy generating facility may be | ||||||
16 | disclosed if necessary to protect the confidentiality of | ||||||
17 | individual bid prices. | ||||||
18 | The Commission, the procurement monitor, the procurement | ||||||
19 | administrator, the Illinois Power Agency, and all participants | ||||||
20 | in the procurement process shall maintain the confidentiality | ||||||
21 | of all other supplier and bidding information in a manner | ||||||
22 | consistent with all applicable laws, rules, regulations, and | ||||||
23 | tariffs. Confidential information, including the confidential | ||||||
24 | reports submitted by the procurement administrator and | ||||||
25 | procurement monitor pursuant to subsection (f) of this | ||||||
26 | Section, shall not be made publicly available and shall not be |
| |||||||
| |||||||
1 | discoverable by any party in any proceeding, absent a | ||||||
2 | compelling demonstration of need, nor shall those reports be | ||||||
3 | admissible in any proceeding other than one for law | ||||||
4 | enforcement purposes. | ||||||
5 | (i) Within 2 business days after a Commission decision | ||||||
6 | approving the results of a procurement event or such other | ||||||
7 | date as may be required by the Commission from time to time, | ||||||
8 | the utility shall file for informational purposes with the | ||||||
9 | Commission its actual or estimated retail supply charges, as | ||||||
10 | applicable, by customer supply group reflecting the costs | ||||||
11 | associated with the procurement and computed in accordance | ||||||
12 | with the tariffs filed pursuant to subsection (l) of this | ||||||
13 | Section and approved by the Commission. | ||||||
14 | (j) Within 60 days following August 28, 2007 (the | ||||||
15 | effective date of Public Act 95-481), each electric utility | ||||||
16 | that on December 31, 2005 provided electric service to at | ||||||
17 | least 100,000 customers in Illinois shall prepare and file | ||||||
18 | with the Commission an initial procurement plan, which shall | ||||||
19 | conform in all material respects to the requirements of the | ||||||
20 | procurement plan set forth in subsection (b); provided, | ||||||
21 | however, that the Illinois Power Agency Act shall not apply to | ||||||
22 | the initial procurement plan prepared pursuant to this | ||||||
23 | subsection. The initial procurement plan shall identify the | ||||||
24 | portfolio of power and energy products to be procured and | ||||||
25 | delivered for the period June 2008 through May 2009, and shall | ||||||
26 | identify the proposed procurement administrator, who shall |
| |||||||
| |||||||
1 | have the same experience and expertise as is required of a | ||||||
2 | procurement administrator hired pursuant to Section 1-75 of | ||||||
3 | the Illinois Power Agency Act. Copies of the procurement plan | ||||||
4 | shall be posted and made publicly available on the | ||||||
5 | Commission's website. The initial procurement plan may include | ||||||
6 | contracts for renewable resources that extend beyond May 2009. | ||||||
7 | (i) Within 14 days following filing of the initial | ||||||
8 | procurement plan, any person may file a detailed objection | ||||||
9 | with the Commission contesting the procurement plan | ||||||
10 | submitted by the electric utility. All objections to the | ||||||
11 | electric utility's plan shall be specific, supported by | ||||||
12 | data or other detailed analyses. The electric utility may | ||||||
13 | file a response to any objections to its procurement plan | ||||||
14 | within 7 days after the date objections are due to be | ||||||
15 | filed. Within 7 days after the date the utility's response | ||||||
16 | is due, the Commission shall determine whether a hearing | ||||||
17 | is necessary. If it determines that a hearing is | ||||||
18 | necessary, it shall require the hearing to be completed | ||||||
19 | and issue an order on the procurement plan within 60 days | ||||||
20 | after the filing of the procurement plan by the electric | ||||||
21 | utility. | ||||||
22 | (ii) The order shall approve or modify the procurement | ||||||
23 | plan, approve an independent procurement administrator, | ||||||
24 | and approve or modify the electric utility's tariffs that | ||||||
25 | are proposed with the initial procurement plan. The | ||||||
26 | Commission shall approve the procurement plan if the |
| |||||||
| |||||||
1 | Commission determines that it will ensure adequate, | ||||||
2 | 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. | ||||||
5 | (k) (Blank). | ||||||
6 | (k-5) (Blank). | ||||||
7 | (l) An electric utility shall recover its costs incurred | ||||||
8 | under this Section and subsection (c-5) of Section 1-75 of the | ||||||
9 | Illinois Power Agency Act, including, but not limited to, the | ||||||
10 | costs of procuring power and energy demand-response resources | ||||||
11 | under this Section and its costs for purchasing renewable | ||||||
12 | energy credits pursuant to subsection (c-5) of Section 1-75 of | ||||||
13 | the Illinois Power Agency Act. The utility shall file with the | ||||||
14 | initial procurement plan its proposed tariffs through which | ||||||
15 | its costs of procuring power that are incurred pursuant to a | ||||||
16 | Commission-approved procurement plan and those other costs | ||||||
17 | identified in this subsection (l), will be recovered. The | ||||||
18 | tariffs shall include a formula rate or charge designed to | ||||||
19 | pass through both the costs incurred by the utility in | ||||||
20 | procuring a supply of electric power and energy for the | ||||||
21 | applicable customer classes with no mark-up or return on the | ||||||
22 | price paid by the utility for that supply, plus any just and | ||||||
23 | reasonable costs that the utility incurs in arranging and | ||||||
24 | providing for the supply of electric power and energy. The | ||||||
25 | formula rate or charge shall also contain provisions that | ||||||
26 | ensure that its application does not result in over or under |
| |||||||
| |||||||
1 | recovery due to changes in customer usage and demand patterns, | ||||||
2 | and that provide for the correction, on at least an annual | ||||||
3 | basis, of any accounting errors that may occur. A utility | ||||||
4 | shall recover through the tariff all reasonable costs incurred | ||||||
5 | to implement or comply with any procurement plan that is | ||||||
6 | developed and put into effect pursuant to Section 1-75 of the | ||||||
7 | Illinois Power Agency Act and this Section, and for the | ||||||
8 | procurement of renewable energy credits pursuant to subsection | ||||||
9 | (c-5) of Section 1-75 of the Illinois Power Agency Act, | ||||||
10 | including any fees assessed by the Illinois Power Agency, | ||||||
11 | costs associated with load balancing, and contingency plan | ||||||
12 | costs. The electric utility shall also recover its full costs | ||||||
13 | of procuring electric supply for which it contracted before | ||||||
14 | the effective date of this Section in conjunction with the | ||||||
15 | provision of full requirements service under fixed-price | ||||||
16 | bundled service tariffs subsequent to December 31, 2006. All | ||||||
17 | such costs shall be deemed to have been prudently incurred. | ||||||
18 | The pass-through tariffs that are filed and approved pursuant | ||||||
19 | to this Section shall not be subject to review under, or in any | ||||||
20 | way limited by, Section 16-111(i) of this Act. All of the costs | ||||||
21 | incurred by the electric utility associated with the purchase | ||||||
22 | of zero emission credits in accordance with subsection (d-5) | ||||||
23 | of Section 1-75 of the Illinois Power Agency Act, all costs | ||||||
24 | incurred by the electric utility associated with the purchase | ||||||
25 | of carbon mitigation credits in accordance with subsection | ||||||
26 | (d-10) of Section 1-75 of the Illinois Power Agency Act, and, |
| |||||||
| |||||||
1 | beginning June 1, 2017, all of the costs incurred by the | ||||||
2 | electric utility associated with the purchase of renewable | ||||||
3 | energy resources in accordance with Sections 1-56 and 1-75 of | ||||||
4 | the Illinois Power Agency Act, and all of the costs incurred by | ||||||
5 | the electric utility in purchasing renewable energy credits in | ||||||
6 | accordance with subsection (c-5) of Section 1-75 of the | ||||||
7 | Illinois Power Agency Act, and all costs incurred by the | ||||||
8 | electric utility in purchasing energy storage credits in | ||||||
9 | accordance with Section 1-93 of the Illinois Power Agency Act | ||||||
10 | shall be recovered through the electric utility's tariffed | ||||||
11 | charges applicable to all of its retail customers, as | ||||||
12 | specified in subsection (k) or subsection (i-5), as | ||||||
13 | applicable, of Section 16-108 of this Act, and shall not be | ||||||
14 | recovered through the electric utility's tariffed charges for | ||||||
15 | electric power and energy supply to its eligible retail | ||||||
16 | customers. | ||||||
17 | (m) The Commission has the authority to adopt rules to | ||||||
18 | carry out the provisions of this Section. For the public | ||||||
19 | interest, safety, and welfare, the Commission also has | ||||||
20 | authority to adopt rules to carry out the provisions of this | ||||||
21 | Section on an emergency basis immediately following August 28, | ||||||
22 | 2007 (the effective date of Public Act 95-481). | ||||||
23 | (n) Notwithstanding any other provision of this Act, any | ||||||
24 | affiliated electric utilities that submit a single procurement | ||||||
25 | plan covering their combined needs may procure for those | ||||||
26 | combined needs in conjunction with that plan, and may enter |
| |||||||
| |||||||
1 | jointly into power supply contracts, purchases, and other | ||||||
2 | procurement arrangements, and allocate capacity and energy and | ||||||
3 | cost responsibility therefor among themselves in proportion to | ||||||
4 | their requirements. | ||||||
5 | (o) On or before June 1 of each year, the Commission shall | ||||||
6 | hold an informal hearing for the purpose of receiving comments | ||||||
7 | on the prior year's procurement process and any | ||||||
8 | recommendations for change.
| ||||||
9 | (p) An electric utility subject to this Section may | ||||||
10 | propose to invest, lease, own, or operate an electric | ||||||
11 | generation facility as part of its procurement plan, provided | ||||||
12 | the utility demonstrates that such facility is the least-cost | ||||||
13 | option to provide electric service to those retail customers | ||||||
14 | included in the plan's electric supply service requirements. | ||||||
15 | If the facility is shown to be the least-cost option and is | ||||||
16 | included in a procurement plan prepared in accordance with | ||||||
17 | Section 1-75 of the Illinois Power Agency Act and this | ||||||
18 | Section, then the electric utility shall make a filing | ||||||
19 | pursuant to Section 8-406 of this Act, and may request of the | ||||||
20 | Commission any statutory relief required thereunder. If the | ||||||
21 | Commission grants all of the necessary approvals for the | ||||||
22 | proposed facility, such supply shall thereafter be considered | ||||||
23 | as a pre-existing contract under subsection (b) of this | ||||||
24 | Section. The Commission shall in any order approving a | ||||||
25 | proposal under this subsection specify how the utility will | ||||||
26 | recover the prudently incurred costs of investing in, leasing, |
| |||||||
| |||||||
1 | owning, or operating such generation facility through just and | ||||||
2 | reasonable rates charged to those retail customers included in | ||||||
3 | the plan's electric supply service requirements. Cost recovery | ||||||
4 | for facilities included in the utility's procurement plan | ||||||
5 | pursuant to this subsection shall not be subject to review | ||||||
6 | under or in any way limited by the provisions of Section | ||||||
7 | 16-111(i) of this Act. Nothing in this Section is intended to | ||||||
8 | prohibit a utility from filing for a fuel adjustment clause as | ||||||
9 | is otherwise permitted under Section 9-220 of this Act.
| ||||||
10 | (q) If the Illinois Power Agency filed with the | ||||||
11 | Commission, under Section 16-111.5 of this Act, its proposed | ||||||
12 | procurement plan for the period commencing June 1, 2017, and | ||||||
13 | the Commission has not yet entered its final order approving | ||||||
14 | the plan on or before the effective date of this amendatory Act | ||||||
15 | of the 99th General Assembly, then the Illinois Power Agency | ||||||
16 | shall file a notice of withdrawal with the Commission, after | ||||||
17 | the effective date of this amendatory Act of the 99th General | ||||||
18 | Assembly, to withdraw the proposed procurement of renewable | ||||||
19 | energy resources to be approved under the plan, other than the | ||||||
20 | procurement of renewable energy credits from distributed | ||||||
21 | renewable energy generation devices using funds previously | ||||||
22 | collected from electric utilities' retail customers that take | ||||||
23 | service pursuant to electric utilities' hourly pricing tariff | ||||||
24 | or tariffs and, for an electric utility that serves less than | ||||||
25 | 100,000 retail customers in the State, other than the | ||||||
26 | procurement of renewable energy credits from distributed |
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1 | renewable energy generation devices. Upon receipt of the | ||||||
2 | notice, the Commission shall enter an order that approves the | ||||||
3 | withdrawal of the proposed procurement of renewable energy | ||||||
4 | resources from the plan. The initially proposed procurement of | ||||||
5 | renewable energy resources shall not be approved or be the | ||||||
6 | subject of any further hearing, investigation, proceeding, or | ||||||
7 | order of any kind. | ||||||
8 | This amendatory Act of the 99th General Assembly preempts | ||||||
9 | and supersedes any order entered by the Commission that | ||||||
10 | approved the Illinois Power Agency's procurement plan for the | ||||||
11 | period commencing June 1, 2017, to the extent it is | ||||||
12 | inconsistent with the provisions of this amendatory Act of the | ||||||
13 | 99th General Assembly. To the extent any previously entered | ||||||
14 | order approved the procurement of renewable energy resources, | ||||||
15 | the portion of that order approving the procurement shall be | ||||||
16 | void, other than the procurement of renewable energy credits | ||||||
17 | from distributed renewable energy generation devices using | ||||||
18 | funds previously collected from electric utilities' retail | ||||||
19 | customers that take service under electric utilities' hourly | ||||||
20 | pricing tariff or tariffs and, for an electric utility that | ||||||
21 | serves less than 100,000 retail customers in the State, other | ||||||
22 | than the procurement of renewable energy credits for | ||||||
23 | distributed renewable energy generation devices. | ||||||
24 | (Source: P.A. 102-662, eff. 9-15-21.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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