Illinois General Assembly - Bill Status for HB3445

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Illinois Power Agency Act. Provides that the Illinois Power Agency shall commission and publish a policy study to evaluate the potential impacts of specified proposals on the environment, grid reliability, carbon and other pollutant emissions, resource adequacy, long-term and short-term electric rates, environmental justice communities, jobs, and the economy. Provides that the Agency shall retain the services of technical and policy experts with energy market and other relevant fields of expertise, solicit technical and policy analysis from the public, and provide for a 20-day open public comment period after publication of a draft study, which shall be published no later than 20 days after the comment period ends. Provides that the final policy study shall be published by January 1, 2024 with suitable copies delivered to the Governor and members of the General Assembly. Provides that the policy study shall include policy recommendations to the General Assembly. Provides that the Illinois Commerce Commission, the Illinois Environmental Protection Agency, and the Department of Commerce and Economic Opportunity shall provide support to and consult with the Agency and the Agency may consult with other State agencies, commissions, or task forces as needed. Amends the Illinois Procurement Code to exempt the procurement of technical and policy experts for the policy study. Amends the Counties Code. In provisions concerning regulation of commercial wind energy facilities and commercial solar energy facilities, provides that a public hearing shall be held not more than 60 days (rather than 45 days) after the filing of the application for the facility. Provides that the amount of any decommissioning payment shall be in accordance with financial assurance required by the agricultural impact mitigation agreements (rather than limited to the cost identified in the decommissioning or deconstruction plan, as required by the agricultural impact mitigation agreements, minus the salvage value of the project). Provides that a facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be restored during and following construction or deconstruction of the facility, and specifies requirements of the plan. Requires vegetation management plans to comply with the agricultural impact mitigation agreement and underlying agreements with landowners where the facility will be constructed. Adds language requiring a facility owner to compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the facility, repair or pay for damage to the subsurface drainage system, and repair or pay for the restoration of surface drainage caused by the construction or deconstruction of the facility. Provides that a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches (rather than open drainage districts), culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan (removing an exception requiring the facility owner to repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility within a reasonable time after construction of the commercial wind energy facility or the commercial solar energy facility is complete). Amends the Public Utilities Act. Provides that the Illinois Commerce Commission, in order to develop a regulatory structure for utility thermal energy networks that scale affordable and accessible building electrification, protect utility customers, and promote the successful planning and delivery of thermal energy networks, shall convene a workshop process for the purpose of establishing an open, inclusive, and cooperative forum regarding such thermal energy networks. Amends the Freedom of Information Act to make conforming changes. Effective immediately.

Further amends the Public Utilities Act. Creates the Transmission Efficiency and Cooperation Law as a new Article in the Act. Provides that an incumbent electric transmission owner has the right to construct, own, and maintain an electric transmission line that has been approved for construction in a transmission plan and that will connect to facilities that are owned by that incumbent electric transmission owner and are or will be under the functional control of the Midcontinent Independent System Operator (MISO). Provides that the provisions do not limit the right of any incumbent electric transmission owner to construct, own, and maintain any transmission equipment or facilities that have a capacity of less than 100 kilovolts or of any entity otherwise qualified to own, operate, and maintain electric transmission facilities that are not approved for construction in a transmission plan or that will not connect to facilities under the functional control of a regional transmission operator. Provides that the provisions shall not be construed to impair, abridge, or diminish in any way the powers, rights, and privileges of municipal corporations that are not incumbent electric transmission owners to partner with an incumbent electric transmission owner on the development and ownership of an electric transmission line included in a transmission plan. Provides that within 90 days after the later of the effective date of the amendatory Act or approval of the construction of an electric transmission line by a regional transmission operator, an incumbent electric transmission owner otherwise authorized to engage in the construction may provide notice to the Commission and the applicable regional transmission operator indicating it will not construct any or all of the electric transmission line so approved, or it will assign any or all of the construction to a transmission affiliate. Provides that if the notice is given and indicates the notifying incumbent electric transmission owner or its transmission affiliate will not construct any or all of the electric transmission line so approved, the incumbent electric transmission owner shall indicate the reason for that election, and the commission may grant permission and approval for such construction to another entity otherwise qualified to own and operate the electric transmission line. Defines terms.

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